HomeMy WebLinkAbout20120419 Ver 1_Approval Letter_20120521_A4
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild
Governor Director
Dr Gregory J Thorpe Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mall Service Center
Raleigh North Carolina 27699 1548
Dee Freeman
Secretary
May 21 2012
DWQ# 12 0419
Cabarrus County
APPROVAL of 401 Water Quality Certification with Additional Conditions Proposed Bridge Replacement (Bridge
No 163) over Reedy Creek on State Road 1138 (Hickory Ridge Road) Cabarrus County, TIP No B-4719 WBS No
384931 1
Dear Dr Thorpe
You have our approval in accordance with the attached conditions and those listed below to permanently Impact 135
linear feet (If) and to temporarily impact 60 If of streams as described in the table below
Site #1 1 Reedy Creek/perennial 1 55 If
Site #2 Unnamed tributary to 80 If
Reedy Creek/intermittent
60 If Permanent stream impact for two (2) separate
areas of nprap bank stabilization temporary
stream impact for causeway
Permanent stream impact for stream relocation
Stream impacts are associated with a bridge replacement project as described in your application received by the
Division of Water Quality (DWQ) on April 26 2012 The location of the project Is State Road 1138 (Hickory Ridge Road) In
Cabarrus County After reviewing your application we have determined that this project is covered by Water Quality
General Certification Numbers 3885 3891 and 3893 Please note that you should get any other federal state or local
permits before proceeding with your project Including those required by (but not limited to) Sediment and Erosion Control
Non Discharge and Water Supply Watershed regulations This approval will expire with the associated 404 permit unless
otherwise specified in the Water Quality Certification This approval is valid solely for the purpose and design that you
described In your application (unless modified below)
This approval is valid solely for the purpose and design that you described in your application (unless modified below)
Should your project change you must notify the DWQ in writing and you may be required to submit a new application if
the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone (704) 663 16991 Fax (704) 663 -60401 Customer Service 1 877 623 6748
Internet http Ilportal ncdenr orq /web /wq
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Naturally
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Site #1 1 Reedy Creek/perennial 1 55 If
Site #2 Unnamed tributary to 80 If
Reedy Creek/intermittent
60 If Permanent stream impact for two (2) separate
areas of nprap bank stabilization temporary
stream impact for causeway
Permanent stream impact for stream relocation
Stream impacts are associated with a bridge replacement project as described in your application received by the
Division of Water Quality (DWQ) on April 26 2012 The location of the project Is State Road 1138 (Hickory Ridge Road) In
Cabarrus County After reviewing your application we have determined that this project is covered by Water Quality
General Certification Numbers 3885 3891 and 3893 Please note that you should get any other federal state or local
permits before proceeding with your project Including those required by (but not limited to) Sediment and Erosion Control
Non Discharge and Water Supply Watershed regulations This approval will expire with the associated 404 permit unless
otherwise specified in the Water Quality Certification This approval is valid solely for the purpose and design that you
described In your application (unless modified below)
This approval is valid solely for the purpose and design that you described in your application (unless modified below)
Should your project change you must notify the DWQ in writing and you may be required to submit a new application if
the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone (704) 663 16991 Fax (704) 663 -60401 Customer Service 1 877 623 6748
Internet http Ilportal ncdenr orq /web /wq
An Equal Opportunity I Affirmative Action Employer 0 Recycled 10 / Post Consumer paper
NorthCarolina
Naturally
Dr Gregory J Thorpe
Page Two
If total wetland fills for this project (now or in the future) exceed one acre or if total impacts to streams (now or in the
future) exceed 150 linear feet compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h)(6) and
(7) For this approval to remain valid you must adhere to the conditions listed in the attached certification and those listed
below
1 Riprap used for bank stabilization shall be Class II as indicated in the plans with the exception of the bank stabilization
provided at the meander bend of Permit Site 2 which shall be Class I
2 The intermittent stream relocation shall be constructed as depicted on Detail A on the plans Coir fiber matting shall be
used to stabilize the stream channel and banks and properly secured to prevent movement downstream Additionally
the streambanks must be temporarily seeded with a riparian seed mix and live stakes shall be installed on the banks for
stability
3 The use of riprap above the normal high water mark shall be minimized Any nprap placed for stream stabilization shall
be placed in stream channels in such a manner that it does not impede aquatic life passage
4 The post construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations The impact areas shall be revegetated with appropriate native species
5 Strict adherence to the most recent version of NCDOT s Best Management Practices for Bridge Demolition and
Removal approved by the U S Army Corps of Engineers is a condition of the 401 Water Quality Certification
6 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge and pre
treated through site appropriate means (grassed swales pre formed scourholes vegetated buffers etc ) before entering
the stream Please refer to the most current version of Stormwater Best Management Practices
7 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods More specifically betting or other methods of pile driving are prohibited without prior written approval from
NCDWQ first
8 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters This
water shall be captured treated and properly disposed of
9 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification
0
10 All bridge construction shall be performed from the existing bridge temporary work bridges temporary causeways or
floating or sunken barges If work conditions require barges they shall be floated into position and then sunk The
barges shall not be sunk and then dragged into position Under no circumstances should barges be dragged along the
bottom of the surface water All materials used for causeway construction must be properly removed from the -
stream upon completion
11 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation
and reduce the introduction of other pollutants into the stream
12 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification
13 Temporary dewaternng sites must be restored to pre existing conditions unless more natural geomorphic conditions can
be provided
14 If concrete is used during construction a dry work area should be maintained to prevent direct contact between curing
concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills
15 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most
current version of the NCDOT Construction and Maintenance Activities manual such as sandbags rock berms
cofferdams and other diversion structures shall be used to prevent excavation in flowing water
Dr Gregory J Thorpe
Page Three
16 The dimension pattern and profile of the stream above and below the crossing should not be modified Disturbed
floodplains and streams should be restored to natural geomorphic conditions
17 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials
18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized
by this certification
19 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited
20 A copy of this Water Quality Certification shall be posted on the construction site at all times In addition the Water
Quality Certification and all subsequent modifications if any shall be maintained with the Division Engineer and the on
site project manager
21 Native riparian vegetation must be re established within the construction limits of the project by the end of the growing
season following completion of construction
22 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If
placement of sediment and erosion control devices in wetlands and waters is unavoidable they shall be removed and
the natural grade restored within 30 days after the Division of Land Resources has released the project
23 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards
a The erosion and sediment control measures for the project must be designed installed operated and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control measures must be
such that they equal or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow
sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the
project
c For borrow pit sites the erosion and sediment control measures must be designed installed operated and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual
d The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act
24 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for
approval
25 The outside buffer wetland or water boundary located within the construction corridor approved by this certification shall
be clearly marked by highly visible fencing prior to any land disturbing activities Impacts to areas within the fencing are
prohibited unless otherwise authorized by this certification
26 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
27 The North Carolina Department of Transportation (NCDOT) and its contractors and /or agents shall not excavate fill or
perform mechanized land clearing at any time in the construction or maintenance of this project within waters and /or
wetlands except as authorized by this Certification or any modification to this Certification (e g no work shall occur
outside of the footprint of the plans provided) In addition there shall be no excavation from or waste disposal into
jurisdictional wetlands or waters associated with this Certification without appropriate modification If this occurs
compensatory mitigation may be required since it is a direct impact from road construction activities
Dr Gregory J Thorpe
Page Four
28 Upon completion of the project the NCDOT Division Engineer shall complete and return the enclosed Certificate of
Completion form to notify DWQ when all work included in the 401 Certification has been completed Please include
photographs upstream and downstream of the structure to document correct installation
29 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state water quality
standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other
appropriate requirements of state and federal law If DWQ determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that state or federal law is being violated or that further
conditions are necessary to assure compliance DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d)
Before codifying the certification DWQ shall notify NCDOT and the USACE provide public notice in accordance with
15A NCAC 2H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or
revised conditions shall be provided to NCDOT in writing shall be provided to the USACE for reference in any permit
issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permit for the
project
If you do not accept any of the conditions of this Certification you may ask for an adjudicatory hearing You must act within
60 days of the date that you receive this letter To ask for a hearing send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C
27699 6714 This Certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If you have any
questions please telephone Polly Lespinasse in the Mooresville Regional Office at 704 663 1699
Sincerely
-- Z� 6 L,
for Charles Wakild
Attachments
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Wetlands Unit
Jennifer Harrod NCDOT PDEA
Larry Thompson DOT Division 10
File Copy
P