HomeMy WebLinkAbout20140341 Ver 1_Approval Letter_20140424 (2)NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 24, 2014
Randolph County
NCDWR Project No. 20140341v.I
Bridge 29 on SR 1105
State Project No. 17.BP.8.R.57
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Robert W. Stone, 11, P.E., Division 8 Engineer
NCDOT, Division 8
902 North Sandhills Boulevard
Aberdeen, NC 28315
Dear Mr. Stone:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 29 over the Uwharrie River on SR 1 105 in Randolph County:
Stream Impacts in the Yadkin - Peedee River Basin
Total Stream Impact for Project: 83 linear feet.
The project shall be constructed in accordance with your application dated received April 8, 2014. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of 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(s) and any additional conditions listed below.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone. 919 -807 -63001 FAX- 919 - 733 -1290
Internet www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally,
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Total Stream
Stream Impacts
Site
in Intermittent
in Intermittent
in Perennial
in Perennial .
impact
Requiring
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
linear ft
linear ft
linear ft
linear, ft
(linear ft
S I
0
0
0
83
83
0
TOTAL
1 0
0
0
83
83
0
Total Stream Impact for Project: 83 linear feet.
The project shall be constructed in accordance with your application dated received April 8, 2014. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of 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(s) and any additional conditions listed below.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone. 919 -807 -63001 FAX- 919 - 733 -1290
Internet www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally,
Conditions of Certification:
Project Specific Conditions
1. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
2. 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 scour holes, vegetated buffers,
etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management
Practices.
3. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first.
4. 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 disposed of properly.
5. 'A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR.
6. 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.
7. Geotextile or other suitable fabric will be placed under the proposed causeway in order to facilitate the
removal of rock. The NCDOT and its contractors shall remove all rock placed for the causeway upon
completion of construction. All reasonable efforts shall be employed to retain the rock on the geotextile
fabric. Should rock get washed from the geotextile fabric, it shall be retrieved as soon as practicable with
minimal disturbance of the stream bottom.
8. In an effort to prevent contamination of surface waters from construction equipment and materials, the
NCDOT and its contractors shall make necessary efforts to remove all construction equipment and materials
from the causeway when extreme weather is predicted and /or the river is anticipated to flow over the
causeway.
General Conditions
9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
10. During the construction of the project, no staging of equipment of any kind,is permitted in waters of the
U.S., or protected riparian buffers.
11. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
12. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
14. 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.
15. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR 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, the NCDWR
may reevaluate and modify this certification.
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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.
21. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
22. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
23. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
24. 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.
25. A copy of this Water Quality Certification shall be maintained 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.
26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact David Wainwright at (919)707 -8787 or David. Wainwright @ncdenr.gov.
Sincerely,
G
e-,,-Irhomas A. Reeder, Director
Division of Water Resources
cc: Liz Hair, Wilmington US Army Corp District Office (electronic copy only)
Art King, NCDOT, Division 8 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (electronic copy only)
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