HomeMy WebLinkAbout20150210 Ver 1_Approval Letter_20150306Paf McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Secrelary
March 6, 2015
Alexander County
NCD W R Project No. 2015021 Ov. I
Bridge 92 on SR 1315 (Chapman Mill Rd.)
State Project No. 17[3P.12.R.102
APPROVAL of 401 WATER QUALITY CERTIFICATION rvith ADDITIONAL CONDITIONS
Mr. Reuben Chandler, P.E.
NCDOT, Division 12
1710 East Marion Street
Shelby, NC 28151
Dear Mc Chandler:
You have our approval, in accordance with the conditions listed below, for the following impac[s for the pwpose of
replacing Bridge No. 92 on SR 1315 (Chapman Mill Road) over Lambert Pbrk in Alexander County:
Stream Impacts in the Catawba River Basin
Permanent Rill Temporary Fill Permanent Fill Temporary Fill Sh�eam hnpacfs
Total Stream
in Intermittent in Intermittent in Perennial in Perennial Requiring
Site Impact
Stream (linear Stream (linear Stream Stream Mitigation
(linear ft)
ft) ft) (linear Tt) (linear ft) (linear ft)
I -- -- 30 30 30 0
2 43* 60 — -- 60 0
TOTAL 43 60 30 30 90 0
*The 43 feet o( perinancnl impac� a� Site 2 is encompassea m Ihe GU teel oi [empornry impact
Total Stream Impact for Projech 90 linear feet (73 linear feet of perinanent impact)
The project shall be constructed in accordance with your application dated received Februaiy 2Q 2015. After
reviewing your application, we have decided that these impacts are eovered by General Water Quality Certificalion
Number 3886. This certification con�esponds to the Nationwide Permit 14 issued by tl�e Corps of Engineers. In
addition, you should acquire any other federal, state or Iocal permits before yoo proceed witli your projeet including
(but not IimiCed to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire wi[h [he 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 NCD W R 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
impac[s to streams (now or in the future) exceed I50 linear feet, compensatory mitiga[ion may be reqoired as
described in ISA NCAC 2H .0506 (h) (6) and (7). For lhis approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions lisled below.
1617 Mall Service Cenler, Raldigh. Norlh Carollna 2765�J-1u17
Phone�. 919-807-63001 Intemef. wwwncdenr.gov
An Fpual Oppotlunily 1 AHirma�rve Acfion Employer
Condition(s) of Certification:
Project Specific Conditions
l. As a condition of this 401 Water Quality Certification, the 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 ISA NCAC 02H
0506(b)(5)]
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 Practrces. [ ISA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
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. [15A NCAC 02H.0506(b)(2)]
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. [ I SA NCAC 02H .0506(b)(3)]
5. A turbidiry 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)]
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 abng the bottom of the surface water. [15A NCAC 02H
.0506(b)(3)]
General Conditions
Z[f 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 02B.0200]
8. 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. [ I SA NCAC 02H.0506(b)(2)]
9. 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)]
10. 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. [ISA NCAC 02H.0506(b)(2)]
I l. The Permittee shall ensure that the final design drawings adhere to the permit and to [he permit drawings
submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
12. 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 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
13. 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 sheam. [ I SA NCAC 02H.0506(b)(3)]
. 14. All mechanized equipment operated near surface waters must be regularty inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ I SA
NCAC 02H.0506(b)(3)]
I5. No rock, sand or other materials shall be dredged from the sreeam channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [ISA NCAC 02H.0506(b)(3)]
17. 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 m assure compliance, [he NCDWR
may reevaluate and modify this certification. [15A NCAC 02B.0200]
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no Flatter than 3:1, unless otherwise
authorized by this certification. [ I SA NCAC 02H.0506(b)(2)]
19. A copy of this Water Qualiry 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-si[e projec[ manager. [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506
(b)(2) and (c)(2)]
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. [ISA NCAC
02H.0501 and .0502]
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. bcal, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
22. The Pennittee shall report any violations of this ceRification to the Division of Water Resources within 24
hours ofdiscovery. [ISA NCAC 02B.0506(b)(2)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and rewm the enclosed "Certification of Completion Form" to notify the
NCDW R when aIl work included in the 401 Certification has been comple[ed [ I SA NCAC 02H.0502(�]
24. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end ofthe growing season following completion ofconstruction. [15A NCAC 02B.0506(b)(2)]
25. 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 ac[ivities.[ I SA NCAC 02H.0506(b)(3) and (c)(3)]
26. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installa[ion and operation and main[enance of such Best Managemen[ Prac[ices in order to
protect surface waters standards [ I SA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with [he most recent version of [he North Carolina Sediment and
Eroslon Contro/ Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measur�a
must be such that they equal, or exceed, [he requirements specified in the most recent version of
the Na7h Carolina Sedinien[ and Erosion Co�alrol Mam�a[. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contracror-owned or
leased borrow pits associated with the project.
c. For borrow pit si[es, [he erosion and sediment control measures must be designed, installed,
operated, and maintained i❑ accordance with [he most recent version of the North Cnrolinn
S:nfnce Mining Mananl.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
27. Sediment and erosion control measures shall not be placed in wetlands or wa[ers unless othenvise approved
by Ihis Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to wntest 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 Adminishative Hearings within sixty (60) days of receipt of this notice. A pe[ition 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 S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administra[ive 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.
7'he mailing address for the Office of Administrative Hearings is:
Office ofAdministrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone:(919)-431-3000, Facsimile:(919)-431-3100
A copy of [he petition must also be served on DENR as follows:
Mr. Sam M.Hayes, General Counsel
Department of Emironment and Natural Resources
1601 Mail Seivice Center
This letter completes the review of the Division of Water Resources under Seetion 401 of the Clean Water Act. If you
have any questions, please contact David Wainwrigh[ a[ (919)707-8787 or David Wainwrigh[ rdncdenr.gov.
�' � Sincer ly,
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S. Jay Zimmerman, Direc[or
Division of Wa[er Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division I2 Environmenlal Officer
Marella Buncick, US �ish and Wildlife Service
Mada Chambers, NC Wildlife Resoin'ces Commission
File Copy
���i�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date oP Issuance of 401 Water Quality Certifcation:
County:
Donald van der Vaarf
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this ceitificate to the 401 Transportation Pennitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCD WR by the applicant, Ihc applicanPs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
App(icnn!'.s Certificalion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within subslantial
wmpliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and o[her supporting ma[erials.
Signature: Date:
Agenf's Certifrcnliori
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such �hat the consLVCtion was obse�ved to be built within substantial
coinpliance and intent of the 401 Water Quality Certification and Buffer Roles, the approved plans and
specifications, and other supporting ma[erials.
Signature:
Engrneer's Ce�tiflrntion
Partial Final
I, , as a duly registered Professional Engincer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) Ihe construction of the project for the
Permittee hereby state that, to the best of my 2bililies, duc care and diligence was used in the observation of the
construction such that the conshuction was obse�ved to be built within substantial compliance and intent of the 401
Water Quality Certification and E3uffer Rules, the approved plans and specificatimis, and other supporting materials.
Signature Regis[iation No.
D2te
1617 Mail Seroice Cen�er, Raleigh, Nor�h Carollna 27699-1617
Phone�. 919-807-63001 In�erneC. wwwncdenr.gov
An Equal Oppodumry 1 AKinnalrve Adioo Bnployer