HomeMy WebLinkAbout20150024 Ver 1_Approval Letter_20150107&f3WW;WA
ROURR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Louis Mitchell.P.B.
NCDOT Division 10
716 W. Main Street
&|homar|e^0C2800l
Donald van der Vaart
Secretary
January 8,20l5
Anson County
NCDluRProjectNo. 15-0024
Bridge # 18, SR 1711
APPROVAL of4N1 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Mitchell:
You have out- approval, in accordance with the conditions listed below, for the following impacts at tile subject site
located at Dor, Wyatt Road in Anson County:
Stream Impacts in the Yadkin River Basin
Site
Perinallent
Temporary
Permanent
Temporary
Impact
Impact
Impact
Impact
Intermittent
Intermittent
Perennial Stream
Perennial
Stream linear ft
Stream (linear ft)
(linear ft)
Stream (linear ft)
The project shall 6e constructed inaccordance with your application dated /received January 7,2D1i After
reviewing your application, wc have decided that these impacts are covered bv General VuutecQua|byCer1iGcuion
Number 3883, This certification corresponds nothe Nationwide permit 3 issued by the Corps ofEngineers. In
addition, you should acquire any other federal, state or local pconi(y before you proceed with your project [no\odin0
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 4O4permit.
This approval is valid solely for the purpose and design described [u your application (unless modified below).
Should your project change, you must notify the NCDWR and submit u new application. If tile property ix sold, the
new owner must he 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 tw streams (now orin the future) exceed l50 linear feet, compensatory mitigation may he required ap
described in 15/\Y4CAC2B .0506(&)(6) and (7). For this approval tmremain valid, you must adhere tothe
conditions listed in the attached certification(s) and any additional conditions listed below.
l. Diversion ditches and similar measures for the put-pose of sediment and erosion oomtrol will be matted and
maintained to ensure rnaxinlum efficiency for the reduction of sediment loss and turbidity, This included
interior/exterior side slopes ofbasins. l5/\yuCACV28.A5V6(b)(3) and (o)(3)
1617 Mail Service Center, 617
Phone: 919-807-6300 k Internet: www,ncdenr.gov
An Equal Opporlunity � Affirmative Action Employer
2. Slopes in excess of 10 ft in height and located within 30 ft of waters of the state shall be matted, at
minimum, upon completion and/or in accordance with the sediment /erosion control plan. Strongly
recommended to be matted at the earliest possible time. 15A NCAC 02H .0506 (b)(3) and (c)(3)
3. 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)
4. 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. 15A NCAC 02H .0506(b)(3)
5. Bridge deck drains shall not discharge to waters. 15A NCAC 02H .0506(b)(5), 15A NCAC 02H
.0507(d)(2)
6. 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. 15A NCAC 02H.0506(b)(2)
7. 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. 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. ISA NCAC 02H .0506(b)(3)
8. 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. 15A NCAC 02H .0506(b)(3)
9. 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)
10. Heavy equipment may be operated within the stream channels however; its usage shall be minimized. 15A
NCAC 02H.0506(b)(3)
11. 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. 15A
NCAC 02H.0506(b)(3)
12. 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)
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. 15A NCAC 02H.0506(b)(3)
14. 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. 15A NCAC
02H.0501 and .0502
15. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) is
recommended to be reestablished in the riparian areas within the construction limits of the project by the end
of the growing season following completion of construction.
16. 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)
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or authorized agent 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)
|V. The Permittee shall report any violations of this certification m the Division of Water Resources within 24
hours ofdiscovery. 15Al4CACO28.0508(b)(2)
19. & copy of this Water Quality Certification ,6uU be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, pbo|V bc maintained with
the Division Engineer and the nn'mke project manager. 15&lNC/lCO2B .0507(c) and 15A Y4C/\CO2B .0506
(h)(2) and (o)(2)
20. The issuance oCthis certification does not exempt the PermiVre from complying with any and all xtatutem,
nu|oo, regulations, or ordinances that may 6e imposed by other government ugeuuioo (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, ntonnwwur monuQcmem1
rules, soil erosion and sedimentation control ogmircmeono` u<u.
21. The peooittce and its authorized ugcmte obwD conduct its activities in muomcr consistent with State water
quality m<uudordy (including any requirements ,cnuldog from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. lf the NCDVV& 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 /bMbcr conditions are necessary to assure compliance, WhcNCDVVf(
may reevaluate and modify this certification. 15ANCACO213.8200
If you wish to contest any statement in the attached Certification you must fi|oapetition for anadministrative
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 nf this notice. /\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 8:00am and 5:00pni, except
for official state holidays. The original and one (l) copy "f the petition must hc filed with the Office *y
Administrative Hearings.
Thcpet�it�ion may be faxed-provided the original and one copy of the docurnent is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Offlee of Administrative Hearings is:
Office of Administrative Hearings
67l4 Mail Service Center
Raleigh, lNC276;R-67l4
Telephone: (919)-431-3000, Facsimile: (919)-431-3 100
A copy of the petition must also be served on DENR as follows-,
Mr. John Evans, 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. Ifyou
haveanyqwemdnno.pleueocontad/\kmJobmaoout704'663-{69;orf\|umJohnoou��mcdcu,.gov.
Sincerely,
Thomas A. Reeder
cc: Larry Thompson, Division ]o, Environmental Officer
CrymN|AmsoNer, Army Corps of Engineers, Asheville
MRD
Wetlands Transportation Unit