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HomeMy WebLinkAbout20150492 Ver 1_Approval Letter_20150605Pat McCrory Governor Q��w NCDENR North Carolina Department of Environment and Natural Resources Donald R, van der Vaarf Secrelary June 5, 2015 Stokes Counry NCDWR Project No. 20150492 I3ridge 45 on SR 1998 TIP/State Project No. E3D-5109AE APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Ms. Amy Fuliss NCDOT, Division 9 375 Silas Creek Parkway W inston Salem, NC 27127 Dear Ms. F,uliss: You have our approval, in accordance with Ihe coiiditions listed below, for the foilowing impac[s for [he purpose ot' replacing Bridge 45 with a new bridge on Mountain View Church Road (SR 1998) over Brushy Fork Creek in S[okes County: Stream Im acts in the Roanoke River 6asin Permanent Fill Temporary Fill Permanent Fill Temporary Fill �n Perennial in Perennial Total Stream Stream Qinear Impacts Site 10 �ntermittenf in Intennittent Stream (linear Stream Stream (linear Stream (linear � ft) ft) Impact Requiring et) ft) pinear rt) mitigatio❑ Bank Dewatering (��near ft) Stabilization Si[e I - - 50 IS 65 0 Total - - 50 IS 65 0 fotal Jtream Impact for YrojecL• 65 Ilnear feet. The projec[ shall be constructed in aceordance wi[h your application da[ed May I5, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certifica[ion corresponds [o the Na[ionwide General Permit 3 issued by tlie Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (bu[ no[ limited 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 applica[ion (unless modified below). Should your project change, you must nolify the NCDW R and submit a new application. If the property is sold, the new owner mus[ 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 impacls ro streams (now or in the fu[ure) exceed I50 Iinear feet, compensatory mitigation inay be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For this approvzl to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certifica[ion: 1617 Mail Servlce Center, Raleigh, Nor�h Garolina 27699-1617 Phone:919-807-630011ntemeC www.ncdenr.gov An Equal OppoAunily 1 P.fii�ma�ive Action Fnployer 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. [ I SA NCAC 02H .0506(b)(2) 2. 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. [ I SA NCAC 02H .0507(d)(2) and I SA NCAC 02H 0506(b)(5)] 3. 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, etcJ before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. 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. [ I SA NCAC 02H.0506(b)(2)] 5. No drill slurry or water that has been in wntact with unwred concrete shall be allowed to enter surface waters. This water shall be cap[ured, treated, and disposed ofproperly. [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 inro position. Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3). General Conditions Unless otherwise approved in this certification, 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 NCDWR. If this condition is unable ro be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concre[e 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. [ I SA NCAC 02B.0200] 3. 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)(2)] 4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified. Disturbed tloodplains and streams shall be restored to natural geomorphic conditions. [ I SA NCAC 02H.0506(b)(2)] 5. The use of rip-rap above the Nonnal High Water Mark shall be minimized. Any rip-rap placed for sveam 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)] 6. The Permittee shall ensure that [he final design drawings adhere to the permit and to the permit drawings submitted for approvaL [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (�)(�)l � 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from Ihe 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)] 8. 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. [15A NCAC 02H.0506(b)(3)] 9. 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 roxic materials. [ I SA NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the sheam channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 1 I. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ I SA NCAC 02H.0506(b)(3)] 12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water qaality 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 S[ate or federal Iaw is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [ I SA NCAC 02B.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. f 15A NCAC 02H.0506(b)(2)] 14. A copy of this Water Quality Certification shall be main[ained 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 managec [ISA NCAC 02H .0507(c) and ISA NCAC ozH .oso6 �e�(z> and (�)(2)� I5. 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. [ISA NCAC 02H.0501 and .0502] 16. 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, stonnwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours ofdiscovery. [ISA NCAC 02B.0506(b)(2)] 18. 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(�] 19. 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.[ISA NCAC 02H.0506(b)(3)] 20. 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 aceess 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.[ I SA NCAC 02H.0506(b)(3) and (c)(3)] 21. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment control measures for the project must be designed, installed, operated, and main[ained in accordance with the most recent version of the North Cnrolrna Sediment and Erosion Control Plannrng 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 Contro! Mam�al. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractoo-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 wi[h the most recent version of the Nor1h Carolina Surface Mining Manual. d. The reclamation measures and implementa[ion must comply with [he reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] [f you wish to con[est any statement in the attached Certification you must file a petition for an administrative hearing. You may ob[ain [he petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixry (60) days of receip[ of this no[ice. 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 S:OOpm, except for official state holidays. The original and one ( I) 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:(9l9)-431-3000, Facsimile:(919)-431-3100 A copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Nawral 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 Dave Wanucha at (336)776-9703or Dave.Wanucha@ncdenr.gov. Sincerely, � �;��� ��� S. Jay Zimmerman, Director Division of Water Resources Electronic copy only dishibution: John Thomas, US Army Corps of Engineers, Raleigh Field Office Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office File Copy A��� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: ApplicanL• Project Name: Date of Issuance of 401 Water Quality Certification: County: Donald R. van der Vaarf Secretary CertiGcate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, [he applican[ is required to re[urn [his certifieate to [he 401 Transpottation Permitting Unit, North Carolina Division of Water Resources, 16U Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned lo NCDWR by tlie applicant, the applicanPs authorized agent, or the project engineer. I[ is no[ necessary to send certificates from all of these. ApplirnnPs Certifrcatioii 1, , 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 substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Dafe: Agen['s CertificnBon 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 substantial compliance and intent of Ihe 401 Water Quality Certificalion and Buffer Rules, the approved plans and specifications, and od�er supporling materi�ls. Signature: F_ngineer's Certificntio�i Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Pennittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of tl�e consh'uction such that the construetion was observed to be built within substantial compliance and in[ent of the 401 Water Quality Ceiiification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Da[e Regis[ration No. 1617 Mail Service Cenler, Raleigh, Nor�h Carolina 27699-1617 Phone: 919-807-6300 \ In�emeC wwwncdencgov An Equal Opporlunity 1 Nffirmalive Action Employer