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HomeMy WebLinkAbout20190331 Ver 2_Bridge 81 on SR 1926_20221017ROYC',OOPER Govemor MICHAEL S REGAN S('1'selaly LINDA CULPEPPER Drmow NCF?, T[, I C'AROL INA Environntental Qualtey Marcli 27, 2019 l0wan County NCI)WR Prqject No, 201190.331 Bridge 8,1 on SIZ 1926 Pro.ject 171311.9,R.76 APPROVAL. of 401 WATER QUALATY CERTIFICATION with ADDITIONAIL CONDITIONS Ms. Amy E'luliss, Division Envh-Onn'lental 011'icer NCDO F, Division 9 375 Silas Creek Parkway Winston Salerri, NC 27127 Dear Ms. l"'uhss: You have our approval, in accordance wnh the conditions listed below, for the fiollowing inipacts lor replacing Bridge 81 with as new bridge over Deals Creek un Rowan ("county. Stream Impacts in the Yadkin P,ee Dee River Basin. 'Temporary Fill in Perennial Stream I in pacts Site Permanent Fill in Perennial Stream Stream (linear A) Requiring (linear ft) Mitigation Derno/Construction (linear ft) . . . ........ 1 0 126 Ials 0 116 ......... . ... . . ......... . . . ............ .. .. . ..... . .. . . . . . ............... . Total Stream Inipact for Pro�ject: 126 linear feet. Wetlanal I impacts in the Yadkin Pee Dee River Basil) Ri erine). Fill Excavation Hand Clearing Welland Impacts Site (ac) (ac) (ac) Requiring Mitigation (linear ft) 1 0.43 2 0,03, ........ . . 0 1 8 ------- - - - - - --------------- - - ------------------------- ........................... ... Totals 0.43 0.03 0.18 . . ..... . ------------ --------------- Total wetland impact for project: 0.64 acres ��.. Nm1hCa(dinaDepvunivni ol I)NiskxnolWakeiResoutcc,�� V The project shall be constructed in accordance with your application dated March 11, 2019. After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. 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 corresponding 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 300 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. Condition(s) of Certification: Project Specific Conditions 1. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 2. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current version ofNCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)] 3. Bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. 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. [15A NCAC 0213.0200] 5. 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. To meet the requirements of NCDOT's NPDES permit NCS000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] General Conditions 1. 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. [15A NCAC 02H.0506(b)(2)] Placement of culverts and other structures in open waters and streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 3. 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. [15A NCAC 02H.0506(b)(2)] 4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 7. 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. [15A NCAC 02B.0200] 8. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 9. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 10. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing or flagging prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 11. 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. 12. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 13. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) 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. [15A NCAC 02H.0502(f)] 14. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 15. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 16, Frosion, and seclu-nern control practices must be in full compliance with all specifications governino the proper 1� design, installation arid operation and maintenance ot'such Best Management Practices in order to protect surface waters standards [ 15 A NC AC 0211.0506(b)(3) and (c)(3j): a. The erosion and sediment control Measures flor the pr(ject runs[ lie designed, installed, operated, and manitained in accordance with the rilost recent version ofthe North Carolimi .1;cdhnenf and Erosion Control Plamling aInd Des(, r? "thinlial, b. The design, installation, operation, and maintenance ofthe sediment and erosion control measures inust be such that they equal, or exceed, the requirements specified in the most recent version ofthe North Carolinti Sediment and Erosion Comrol Munival. The devices shall be inaintained 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 InCaSUITS nuist be designed, installed, operated, and maintained in accordance with the most recent version ofthe North Carolinu Surfitce Mining Marmul, Cj. llJic reclaniatIon measures and i I'll p leftlCutatiOn ITILISt C0111ply vvith the reclamation in accordance with the reCpUircnients, ofthe Sedimentation Pollution Control Act. 17. Where placement ofseditnent and erosion control devices in wetlands and/or waters is unavoidable, they shall be rernoved, and the natural grade restored upon conipleflon of the project. [I 5A NCAC 021-1,0506(b)(3) ancl (c)(3)j Ifyou wish to contest any statement in the attached CertJricafiOrl YOU Must file a petition for an administrative hearing, You may obtain the petition 601-111 fi-Oln the office ol'Adi-ninistrative hearings. You ITIUSI fi1C the petition with the office (if Administrative Hearings within sixty (60) days ofreccipt ol'this notice. A petition is considered filed when it is received in the office (A'Administrative Hearinos during itorinaf office hours, 'file (1)ffiCe 01' Administrative Hearings accepts filings Monday through Friday between the hours of U)Clam and 5:00pni, except for official state holidays. The origimil and one (1) copy ofthe petition ITIUSt be filed with the Office of Administrative Hearings. The petition may be faxed -providing the original and one copy ofthe d0CLIr1lCIlt is received by the Office of Administrative Hearings within five (5) busifless days following, the faxed transrnission. The mailing address f'or the Office ofAdannistrative I fearings is: office orAchiiinistrative I learings 67 14 Mail Service Center Raleigh, NC 27699-67 14 Telephone: (919) 43 1-3000, Facsimile: (9,19) 43 1-3 100 A copy of the petition must also lie served oil DI,1'Q as follows; Mr, Bill F, L,ane, General COLHISCI Department t'.)fFrIvironniental Quality 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 Dave WanLICIla at (136) 776-9703 or dave.wanuclu" ncdenr.gov. Sincerely, r Linda Culpepper, Director Division of Water Resources Electronic copy only distribution: Bryan Roden -Reynolds, US Army Corps of Engineers, Charlotte Field Office Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy ROYC,00PER MICHAEL S, REGAN UNDA ("ULPEPPER Ooroo)' N (�) R T V� I ("'A R 0 [ 6 N A f"'nVironmental Quality NCDW14 Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of C ornipletion Upon completion ()fall work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to ream-n this certificate to the 401 Transportation Pertnitting Unit, North Carolina Division of WatQr Resources, 1617 Mail Service ('emer, Raleigh, N(', 276�99-1617. 1"'his form may be returned to NC DWR by the applicant, the apiflicant's authorized agent, or the pro ect en inter. It is not neccssary to send certificates from all of these. Applicant's Certyleation hereby state that, to the best of gray abilities. due care mid dHi-once Was Used in the, observation ofthe construction such that the coristrLIC6011 Was observed to be btult Within Substantial compliance and intent ofthe 401 Water Oualily Certification and Buffer Rifles, the, approved plans and specifications, and other supporting rnateHais. "�innattlre: Date:: Agent'.v CerfUlcation 1, , hereby state that, to the best +:)fnny abilities, due care and diligence Was Used in the observation ol"the construction such that the construction was observed to be built \01hin substantial compliance and intent ofthe 401 Water Quality Cerlificafion and Buffer Rules, the approved plans and speci fications, and other supporting materials. Signature: Date: Engineer's Cerf�flcat iotr Partial Funal as as duly registered Professional I"Ingineer in the State ol'North Carolina, having been authorized to observe (periodically, Weekly, full time) the construction ofthe project ject lot- the Permittee hereby state that, to tile best of my abilities, due care and diligence was used in the observation oftlic, construclion such thatthe construction was observed to be built within substantial compliance and intent of the 401 Water Quality ('ertification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Nm 11h Cai uflinj Depm tina'O of Quafity , Lhviswn 0 watef Re"ou ce" U' Nor� la '�,i I isbm y Su vel I I Gid' Mo O So vii( (' ()'dOvr I kalvigh Nm 01 r�,vohno 2 r69 I# kfli 1) 0 if) A H)