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HomeMy WebLinkAbout20120419 Ver 1_Approval Letter_20120521_A4 FA 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 An Equal Opportunity I Affirmative Action Employer 0 Recycled 10 / Post Consumer paper NorthCarolina Naturally I .. Oy s zr a om 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