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