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HomeMy WebLinkAbout20150368 Ver 2_Approval Email_20160322Carpenter,Kristi From: Thomson, Nicole J Sent: Tuesday, March 22, 2016 12:09 PM To: David.E.Bailey2@usace.army.mil; Wanucha, Dave Cc: Carpenter,Kristi; Parker, Jerry A Subject: RE: Bridge 53 on SR 1527 (River Bend Rd) over Cane Creek, Caswell Co; WBS No. 17BP.7.R.82 - MODIFICATION Attachments: 2014-00605 NW 14.pdf; Bridge 53 on SR 1527.pdf Sorry...l meant to include the original approvals too. From: Thomson, Nicole J Sent: Tuesday, March 22, 2016 12:04 PM To: David.E.Bailey2@usace.army.mil; Wanucha, Dave Cc: Carpenter,Kristi; Parker, Jerry A Subject: Bridge 53 on SR 1527 (River Bend Rd) over Cane Creek, Caswell Co; WBS No. 17BPJ.R.82 - MODIFICATION Good morning! Please find the attached revised permit application for the above bridge replacement. After the original permit approvals were secured, a redesign in the temporary onsite detour bridge structure necessitated a need to revise the project impact limits. Both temporary and permanent stream impacts have increased in addition to a slight increase in the temporary wetland impacts. Hand clearing impacts, however, were reduced in the redesign. I've only attached the revised maps and PCN as the other documentation in the original submittal is still valid. Please don't hesitate to call me with any questions or concerns. Thank you! Nikki Nicole J. Thomson Division Environmental Supervisor Assistant Division Environmental Office 919-754-7806 Mobile Nithomson2(cancdot.qov PO Box 14996 Greensboro, NC 27415-4996 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00605 County: Caswell U.S.G.S. Quad: NC/VA-RINGGOLD GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NCDOT attn: Jerrv Parker Address: P.O. Box 14996 Greensboro, NC 27415 Size (acres) �0.5 Nearest Town Milton Nearest Waterway Cane Creek River Basin Lower Dan. North Carolina, Virginia. USGS HUC 3010104 Coordinates 36.540832 N, -79.263250 W Location description: The proiect site is located at Bridge No. 53 over Cane Creek on SR 1527 (River Bend Road), west of Milton, Caswell County, North Carolina. Descriprion ofprojects area and activity: The proiect involves permanent impacts to 751inear feet and temporary impacts to 20 linear feet of stream channel for bank stabilization and construction access needed to replace an existing bridge in place. The proiect will also result in temnorarv impacts to 0.02 acre of wetlands and hand clearin� in an additiona10.04 acre of wetlands needed to construct a temporarv detour bridge. Applicable Law: � Secrion 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorizarion: Nationwide Permit Number: NWP 14 Linear Transportation Proiects. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 4/16/2015, received 4/20/2015. Any violation of the attached conditions or deviation from your submitted plans may subject Yhe permittee to a stop work order, a restoration order, a Class I administrative penalty, andlor appropriate legal action. This verification will remain valid unril the e�pirarion date identified below unless the narionwide authorizarion is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/ar modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the autharization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certiiication. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Bailev at 919-554-4884 ext 30 or David.E.Bailev2(�a,usace.armv.mil. BAILEY.DAVID.E.13792 p - - „,, Corps Regulatory Official: $3�36 °a-e=o,=oa3o`;6: a"9' 0400'9$83�"u P Date: 4/30/2015 Expiration Date of Verification: 03/18/2017 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at http://re ug latorv.usacesurvey.com/. Copy furnished: Dave Wanucha, NCDENR-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 SAW-2014-00605 Snecial Conditions: 1. The wetland areas impacted by the temporary detour causeway/causeway must be restored to preconstruction grade and contour and stabilized using appropriate wetland species. BAILEY.DAVID. aA9�'F�'�a�°�F6319>83136 om� �=us, �=us. co�P,�me�e, o�=000. � g � E.1379283736 �u `�`�u U=A cn=BNILEY.DAVfJ.t.13I9383]36 Co s Re ulato Ofiicial: °°'�201504301fi'�=��°�°°� Date: 4/30/2015 Expiration Date of Verification: 03/18/2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regularions, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determinarion may be relied upon for a period not to exceed five years from the date of this norificarion. D. � The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 5/5/2014. Action ID: SAW-2014-00605. BaS1S FOI' Deie1'minatlOn: The proiect area contains relatively permanent waters, with indicators of ordinary high water marks, stream channels of Cane Creek, and adiacent wetlands. Cane Creek is a tributary of the Dan River, a Traditional Navigable Water. DigitallysignedbyBAILEY.DAVID.E.1379283736 BAILEY.DAVID.E.1379283 DN:r—US,o=U.S Government,ou=DoD,ou=PKl, 736 ou=USA, cn=6AILEY.DAVID.E.1379283736 COt1JS R0gA11tOT'y Off1C111: Date:2015.043016:18:36-04'00� David E. Bailey Expiration Date of JD: 5/5/2019 Action ID Number: SAW-2014-00605 County: Caswell Permittee: NCDOT (attn: Jerry Parker) Project Name: NCDOT / SR 1527 / Bridge 53 / Division 7 Date Verification Issued: 4/30/2015 Project Manager: David Bailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT attn: David Bailey Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Pat McCrory Governor ���►�� - ���� NCDENR � North Carofina Department of Environment and Natural Resources Donald R. van der Vaart Secretary May 1, 20 I 5 Caswell County NCDWR Project No. 20150368 Bridge 53 on SR 1527 State Project No. 17BP.7.R.82 APPROVAL of 40l WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Mike Mills, P.E., Division Engineer NCDOT Division 7 1584 Yanceyville Street PO Box 14996 Greensboro, NC 27415 Dear Mr. Mills: You have our approval, in accordance with the conditions listed below, for the following revised impacts for the purpose of replacing Bridge 53 over Cane Creek on SR I 527 (River Bend Road) in Caswell County with another bridge. Table 1. Stream Im acts in the Roanoke River Basin. Permanent Fill in Temporary Fill in Site Perennial Stream Perennial Stream (linear ft) (linear ft) Site 1 75 20 (riprap) (riprap) Total 75 20 Total Stream Impact for Project (revised): 70 linear feet. Table 2. Wetland Im acts in the Roanoke River Basin Fill F��� Excavation Site �sq ft) (temporary) �ac) (ac) 1 - 0.02 - Total � Total Wetland Impact for Project: 0.06 acres. iparian). Mechanized Clearing (sq ft) Total Stream Impact (linear ft) 95 95 Hand Clearing (ac) 0.04 Stream lmpacts Requiring Mitigation (linear ft) 0 0 Total Wetland Impact (sq ft) 0.06 0.06 The project shall be constructed in accordance with your application dated April 16, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \ Internet: www.ncdenr.gov An Equal Opportunity 1 Affrmative Action Employer limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the 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 NCDWR and submit a new application. [f 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 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 02B .0295. 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 or other construction aids 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. As a condition of this 40l 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 15A 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, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. [ I SA 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 metho�s of pile driving are �rohibited without prior written approval from the NCDWR first. [ 15A NCAC 02H.0506(b)(2)] 5. 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. [15A NCAC 02H .0506(b)(3) General Conditions 1. 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 to 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. [ I SA 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 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] 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, 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. [ I SA NCAC 02H.0506(b)(2)] 5. 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)] • � 6. 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 (�)(2)l 7. 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)] 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. [ I SA 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 toxic materials. [ l5A NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ISA NCAC 02H.0506(b)(3)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b,)(3)] 12. 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] 13. 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)] 14. 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. [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 15. 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] 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, stormwater management rules, soii 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 of discovery. [15A 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.[15A NCAC 02BA267(10)] 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 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)] 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 [ 1 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 the most recent version of the North Carolina Sediment and Erosion Control Planning 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 Control Manual. The devices shall be maintained 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 measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Min�ng Manual. d. The reclamation measures and implementation must comply with the 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. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] [f you wish to contest 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 Administrative Hearings within sixty (60) days of receipt of this notice. 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 (1) 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: (919)-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 Natural Resources 1601 Maii 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)776-9703 or dave.wanucha@ncdenr.gov. Sincerely, ��> S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: , Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Nicole Thomson, SEPI Engineering Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office File Copy ��" :� r��� NCDENR , North Carolina Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Donald R. van der Vaart 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 certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certifceation [, , 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: Date: Agent's Certification 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 the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certifrcation Partial Final [, , 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 Permittee 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 ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. S ignature Date Registration No. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affrmative Action Employer