HomeMy WebLinkAbout20161028 Ver 1_Approval Letter_20161110Envrr-onmentu(
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PAT MCCRORY
Govemar
DONALD R. VAN DER VAART
Secre[aq�
JAY ZIMMERMAN
DWR Dicector
November I Q 2016
Rockingham County
NCDWR ProjectNo.20161028
Dridge 248 on SR 2009
WBS F,letnent No. 17BP.7. R.103
APPROVAL of 401 WATF,R QUALITY CERTIFICATION with ADDITIONAL CONUITIONS
Mr. J.M. Mills, P.E„ Division Engineer
NCDOT, Division 7
PO [3ox 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance with tlie conditions listed below, for the following impacts for the purpose of
replacing Bridge 248 over Carroll Creek (Index No. 22-48-1) with a two-barrel, reinforced, concrete box culvert
(RCBC) in Rockingh2m Counry:
Site
Totals
Stream
Temporary Fill in
Perennial Stream
(linear ft)
Dewatering
npacts in the Cap
Permanent Fill in
Perennial Stream
Culvert I 1ZipRap
Stream Impacts
TotalSh�eam Impact Requiring
(linear ft) Mitigation
(linear ft)
62 43 59 164
62 102 164
Total Stream Impact for Project 164 linear feet.
The project shall be constructed in accordance with your applicalion daled ��ceived Ocrober 26, 2016. After
reviewing your ap�lication, 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, s[ate or local permi[s betore you proceed wilh your projec[ including
(but not limited to) Sediment and Erosion Control, Non-Discharge 2nd Water Supply Watershed regulations. This
approval will expire witli tlie accompanying 404 permit.
This approval is valid solely for the purpose Tnd 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
- "`NnThing S:nmparc:s �._ _.
State oC North Carolina I Envimnmemal Quality
161 I Mall Sen�Icc Canter � Raleigh Nonh Camlinn 27699-1611
9I9J07-9000
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). For this approval to remain valid, you must adhere to the
conditions ]isted in the attached certification(s) and any additional conditions listed below.
Condition(s) ot Certitication:
Project Specific Conditions
I. As a condition of this 401 Water Quality Certification, the bridge demolition and cons[ruction must be
accomplished in strict compliance with [he most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activi[ies. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
2. Culvert barrels shall be designed to mimic natural stream cross section as closely as possible including
pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel
should be avoided. Stream channel widening at the inlet or outlet end of strucwres typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage. [15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
4. For the 62 linear feet of stream being impacted due to site dewatering activities, the site shall be graded to
its preconstruction con[ours and revegetated with appropriate native species. [ I SA NCAC 02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as [o
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [ I SA NCAC
02H.0506(b)(2)]
6. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to
the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams.
Mowing of existing vegetated buffers is strongly discouraged. [15A NCAC 02H.0506(b)(2)]
7. NCDOT shall be in compliance with the NPDES Permit NCS000250 issued to the NCDOT, including the
applicable requirements of General Permi[ NCG010000 for Construction Activities. (15A NCAC
4B.0124[a]-[e])
General Conditions
l. 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 [hat 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 constmction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a pennit 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 concrete and stream water. Water that inadvertently contacts uncured wncrete 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]
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, pattern and profile of the stream above and below the crossing shall not be moditied.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A 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 ISA 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. [1SA 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 pollutanu into the stream. [15A NCAC
02H.0506(b)(3)]
9. 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.
[15A 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. [15A NCAC 02H.0506(b)(3)]
II. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacentto
surface waters is prohibited. [ISA 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) ofthe 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 Qualiry Certification shall be maintained on the construction site at all times. In
addition, the Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
] 5. 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 comptying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) havingjurisdiction, including but not limited to applicable buffer rules, stormwater 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 of discovery. [ I SA NCAC 026.0506(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" [o 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 comple[ion of construction. [15A NCAC
02B.0267(10)]
20. There shall be no excavation from, or waste disposal into, jurisdictional weNands 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 [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 maintained in accordance with the most recent version of the North Carolrna Sediment and
Erosron 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 Caro/ina Sediment and Erosron 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 Carolrna Surface
Mrning 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. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If 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 [he 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: (919) 431-300Q Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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)776-9703 or Dave. Wanucha@ncdenr.gov.
Sincerely,
�p,�
S. y Zimmerm n, Director
Division of Water Resources
Electronic capy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, NCDOT Division 7 Environmental Officer
Nicole Thomson, NCDOT Division 7 Environmental Supervisor Assistant
Travis Wilson, NC Wildlife Resources Commission
Dave Wanucha, NCDWR Winston Salem Regional Office
File Copy
Environmental
QUQ�If}�
NCDWR Project No.: Cow�ty:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certification:
PnT MccRoav
Governor
DONALD R. VAN DER VAART
Sccrctery
JAY ZIMMERMAN
DWR Direc[or
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Ceitification a� zpplicable I3uffer Rules, and
any subsequent moditications, the applicant is required to retw�n this certificate to the 401 Transportation Pennitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cenfer, Raleigh, NC, 27699-1617. This form
may be returned to NCDW R by the applicant, the applicanYs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicmtYs Cer[ifrcnlion
�, , hereby state that, to the best of my abilities, due care and diligence
was uscd in the observation of U�e construction such that the construction was observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, tlie approved plans and
specifications, and other supporting materials.
Signature: Date:
Age�il's Certificnlion
�, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of ihe construction such that [he construction was observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and 6uffer Kules, the approved plans and
specifications, and other supporting materials.
Signari�re:
Engi��eer's Cerlificnlion
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been au[horized ro observe (periodically, weekly, full [ime) the consVuction of the projec[ for the
Permittee hereby state Ihat, to the best of my abilities, duc care and diligence was used in the observa[ion of the
construction such that the construc[ion was obscrved to be built widiin substantial compliance and intent of the 401
Water Qualiry Certification and 6uffer Rules, thc approved plans and specifications, and other suppor[in� inaterials.
Signature
Date
Regish'ation No.
`lNrfthi�u)C`nmpares _
Slate of North Carolina � Envfronmemal Quafiq�
161 I Mnil Servict Cemer I Raleigh, North Camline 2 7699-1 61 I
919-707A000