HomeMy WebLinkAbout20170270 Ver 1_Approval Letter_20170323Envrron�nentcrf
Quality
ROY COOPER
MICHAHI. S. RF,GAN
ti..L1Y ZIMMERMAN
ii121'rfl �„ �� � %
Per;on Couniy
NCD W R Pro}ect No. 20170270
Bridge 49 on SR I300
TIP Mo. B-5327
APPROVAL. of 40t WATER QIIALITY ('F,RTIFICATI(1N with ADDITIf1NAL CONDITIONS
Mr. Philip S. H:aris I:I, :'.E., M1lanzger
NCDOTiJa[urxi En�ironmrn[ Seclion
I i9R N1ail Service Cenler
Raleigh, NC 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
rep�acing Bridee 49 in Person Counry:
Total
C)peu W'afe� (Lake) Impacts in r6r Roauoke River
rmanent F:II ia Gper �i'�trrc _"ac� � Trm ora� � Fi;l in Open iVat�rs
0.08 0.03
7'otal O�en Water Impact for Pro,ject: 0.11 acres.
0.1 I
Waters
The project shall be constructed in �ccordance with your application received March 6, 2017. After reviewing your
applicaHnn, we h�ve decfded ihat these impacis are rnv�red by General Water Quality Certification Number 409,.
This certification corresponds tn [he Nationwide Fermit 2: issued by tlie Corps of F.n�ineers. In addition. you
should acquire any other federal, state or Iocal permi[s before you proceed with your proiec[ including (bu: not
limited to) Sedimem and Erosion Control, Nun-Gischaree and Water Supply WatersheJ regulations. This approval
will expire wi[h the accompunying 404 pennit.
This approval is velid solely for the purnose nnd design described in your applir.ation l,unless mociified'nelowj.
Should your project change. you must notify the NCDW R and submit a new apolication. If the propeny is sold. the
new owner must be given a copy of this Certification and appro�al letter, and �s [hereby responsible for compl,yine
with all Ihz conditious. Iftotal wedand liils for iliis projact (now or in the futurc} exceed o�ie acre, or oftotal
impacts to sfreams (now or in the furore) exceed I50 linear Feet, compensaton� mitigation may Ee required as
described in I SA NCAC 2N .0506 (h) (6) and (7) For this approval to remnin valid, you must adhere to the
conditions listed in the General Certitication and any additional conditions listed below.
Com�itiuus uf Certifc:aEien�
I. The post-construction removal ofarry temporary bridee structures must retum [he project site to its
�reconynvclion ceorours xr.� e�e��2;ions. l�lte in:pscted arens slia':I he reveaeiated •A�ith appropriute narivz species•.
[I �A NCAC 02H .OSG6lh1i=i1 �
�'1Jothiny Compares -_
Sl.+�o o�'Jeiih Cnraina I F,n+ic�rvmcnlal Qualih-
l ul7 Mail Sernce Centtr i Raiagh. NorJ� Carolinn 27o99-I6 i 7
2. As a condition of this 401 Water Quality Certification, the hridge 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(bx5)]
3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be d'vected across the bridge and
pre-ueated tivough site-appropriate means fgrassed swales, pre-formed scour holes, vegctated buffers, etc.) before
entering the stream. To meet the requirements of NCDOT's NPDES pennit NC50000250 [delete if non-DOT
project], please refer to the most recent version of the North Carolina Deparnnent of Transportat�on Stormwuter
Best Management Pructices Toolhox manual for approved measures. [] SA NCAC 02H .0507(d)(2} and 15A NCAC
02H .0506(b)(5)j
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 oTpile driving are prohibited without prior written approval from
ffie NCDWR first. [i5A NCAC 02H.0506(bx2)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
T'his water shall be captured; treated, and disposed ofproperly. [15A NCAC 02H .0506(bx3)�
6. A turbidity curtain will he installed in the surface water if driving or drilling activities occur within the surface
water, on the iake 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(b1(3)]
9. 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 bazges shall not be sunk and then dragged into position. Under no circumstances should bazges be
dragged along the bottom ofthe surface watec [15A NCAC 02H .0506(b)(3)]
8. If concrete is used during constrvction, a dry work area shall be maintained to prevent direct contact behveen
curing concrete and stream water. W ater that inadveAently contac[s uncured concrete shal l not be discharged to
sudace waters due to the pntential for elevatad pN aod possibfe aqaatic iife and fish kills. [l SA NCAC 02B.02001,
9. During the consfi�ction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected ripazian buffers. [15A NCAC 02H.0506(bx2)]
10. My rip-rap placed for surface water stabilization shall be placed in stream channels in such a manner that it dces
not impede aquatic life passage. []SA NCAC 02H.0506(b)(2)]
11. Thz Permittee shall et�sure thai the final design cL•awings adhere to the pzrnit and to the permit di�awings
�ubmitted for approvaL [15A NCAC 02N .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (cx2)]
12. All work in or adjacent to surface 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,
cofferda�ns and other diversiun structures shall be uud to preveut excavation in flowing water. [ISA NCAC
02H.0506(b)(3) and (cX3)]
13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the inirociuction of other pollutants intu the stream. [ISA NCAC O2H.USOo(ox3)]
14. All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained to prevent
contamination of stream waters from fiiels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(bj(3)]
I5. No rock, sand or other naterials shall be dredaed from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(bx3)]
16. Dischargin� hydroseed mixtures and washing uut hydeoseede� s 3nd other equipment ia ar adjaceut to surface waters
is prohihited. [15A NCAC 02I1.0506(b)(�}J
17. The permittee and its suthorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting Gom compliance with §303(dj oFthe Clean Water Act) and any other
appropriate requ'vements of State and Federal law. If the NCDWR determines that such standsrcls or laws are not being
met (inciuding the failure to sustain a designated or achieved use) or that State or f8deral 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]
18. A copy of this Water Quality Certification shall be maintained on Uie construction �ite at all times. In addition, the
Water Quality Certificatioa and all subsequent modifications, if any, shall be maintained with the Division Engineer and
the on-site project managec [liA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (ck2)]
19. The outside buff'er, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked
by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless
utherwise authorized by this certification. [i5A NCAC 02H.0501 and .0502]
20. The issuance of this certification dces not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinaz:ces that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buf%r rules, stormwater management rules, soil erosion and
sedimentation controi requirements, etc.
2 i. The Permittee shall report any violations of [his certification to the Division of W"ater Recources within 24 hours of
discovery. [ 15A NCAC 02B.0506(bX2)j
22. Upon campletion of the project (including any impacts at associa[ed borrow or waste sites), the NCDOT Division
Engineer shall complete and retum the enclosed "CeRification of Completion Form" to notify the NCDWR when all
work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
23. Native riparian vegetation must be reestablished in the riparian azeas within the construction limits of the project by
the end of the growing season following completion of consVuction. [15A NCAC 02B.0506(b)(2)]
24. There shali he n� excavation froro, or waste disposal into, jurisdic!ional wetlands or waters associated with !his
permit without appropriate modificatioa 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
wnstruction activities. [ 15A NCAC 02H.0506(bx3) and (c)(3)]
25.Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
uistallation and uperation and maintenance of such Best Management Practices fn order [o protect surface waters
standards (ISA NCAC 02H.0506(b)(3) and (cx3)]:
a. The erosion and sedimcnt control measures for the projact must be designed, installed, operated, and
maintained in acccrdance with the most recent ve�sian of the North Carolina Sediment Jnd Erosion
Control P[annixg and �esign Manual.
b. The design, installation, operation, and maintenaoce 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 ManveL 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 oorrow 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 Mrning
Mnr.ual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
26. 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 (cx31]
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 si�cty (60) days of receipt of this notice. A petition is considered
filed when it is received in the otfice of Administrative Hearings during nortnal office hours. 7'he Office of
Administrative Hearings accepts filings Monday through Friday between the hours of B:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Ofiice of
AdminisVative Heazings.
The petition rt�ay be faxed-provided ihe original and one copy of the document is received by the Office of
Administrative Hearings wiihin five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleiglt, NC 27699-6714
Telephone: (919) 431-300Q Facsimile: (919) 431-31 W
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Departmert of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 40l of the Clean Water Act. If you
have any quesHons, please conhct Rob Ridings at 919-707-8786.
Sincerely,
/� �� i
A,�, S. Jay 'Limmerman, Dire or
� Division of Water Resowces
Electronis copy only distribution:
F.ric Alsmeyer, US Arrry Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental O�cer
Chris Rivenbark, NC Depariment of Transportation
File Copy
E'nvironmentul
Quulity
NGDWR Project No.:
Applicanh
Projec[ Name:
Uatc of Issuancz of 401 N'atcr Quality Certificafio�:
County:
ROY COOPI':R
�1IICIIAI�:L ti. REGA�
S. IAY' /IMMGKMAN
Certificate of Complr[ion
tJpon completion of all work appruved within the 401 Water Quality Certification or applicahle Buffer Rulzs, and
ary subsequent modi!ications, the ae�licani is required [o re:um this certificatz to the 40I Transportation Permitting
Uni[, North Carolina Division of Wa[er Resources, 1617 Mail Service Center. Raleigh, NC, 27699-1617. This fortn
may be returncci io tiCDWR by [he applicant, the applitnnt'a au[horized agent. or [nz project engineer. il is not
necessarv m send certificates hem a!I o!'these.
4pplicanYs Cer(ifrcation
I, , hereby sta[e that, to the best of my abilities, due care and diligence
was used in the observation of the construction such [hat the construction was observed to be built within substantial
compliance and intent of the 401 Water OuaGty Certiticat�on and Buffer Rules, the approved plans and
specifica[iuns, and oiher supporting materials.
`��nature• DatP:
�geirt's (�ertifr:rnlinn
I. . hereby;tate ihai, to the best of my abilities, due carc and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
canpliance and intznt of the 401 Water Qua:ih Ce�titication and Bufier Rulzs, the app:o��ed plans anJ
specifications. and other suoporting materials.
Sig:�ature: Date'
F,ngineer's Cerlificntion
PalYial Firal
I, , as a duly registered Prefessional Engineer in She State of Ncrth
Cerolina, liaving been authorized to obseroe (periodicall�, weekly, full [ime? the constn�ction of the project for the
Permittee hereby state that, [o the best of my abilities, due care and diligence was useti in [he observation of [he
consnuction such thnt the construction was observed to be built aithin substantial complinnce �nd intent of the 401
Y1ate; Quality Certitic2tion and Eutle; P.ules, [he approved plan, and speci6cations. ard o[her supportiag mzmrials.
Signature
Date
Rceisnatiun No.
�'No[I�ing Crnnpares --_.
Sta4: nf �niTh Carclinu; 6:wrenm�+ntal �1u�hti
!i�U Meii Strvice Center �, Rnleigh, horth Caruiin� 2h9v'-Idl-i