HomeMy WebLinkAbout20171338 Ver 1_Approval Letter_20171106ROY COOPER
G,n�entor
MICHAEL S. REGAN
Srrr�vun
£nvironmental LINDA CULPEPPER
/nierim Uirecmi'
QUQlity
November 6, 2017
Forsyth County
NCDWR Project No. 20171338
Bridge 95 on SR I 100 Lasatar Rd.
WBS Project No. 17BP.9. R.99
TIP No. B-51 �2
APPROVAL of �01 WATER QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS
Mr. Philip S. Harris III, P.E., C.P.M.
Na[ural Environmen[ Section Head
NC Department of Transportation
1598 MSC
Raleigh, NC 27699
Dear Mr. Harris:
You have our approval, in accordance with [he conditions lis[ed below, for the following impac[s for the purpose of
abandoning Bridge 95 over Blanket Creek, constructing a new bridge downstream ofthe existing one and other
impacts as described in your application. The project shall be wnstructed in accordance with your application dated
October 20, 2017.
Temporary Fill in Perennial
Stream
Site linear ft
Access/Sta bilizntion/Dewa[ering
2 II
3 186 3 Sewer
� >>
Totals 227
Site
Yadkin Pee Dee River Basin
Permanent Fill in Perennial
Stream
linear k
Bunk Culvert
Stabilization
26 88
46
- 911
Total Stream Impact Sor Project: 477 linear feet
Wetland
Fill
(acres)
in the Yadkin Pee Dee
E%ceve[ion
(acres)
�.�8 � �.�2
Total Wetland Impact for Projec[: 0.10 acres
Stream
Total Stream Impacts
Impact Requiring
(linear ft) Mitigation
a��
Total Wetland
Impact
(acres)
�
0
e
e
WeNund
Impacts
Requiring
M itigation
Y
e
�
After reviewing your application, we have decided that these impacts are covered by General Water Qualiry
Certification Numbers 4087. 4093 and 4094. These certifications cortespond to Nationwide Permits 13, 23 and 33
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 (bu[ no[ limited to) Sediment and Erosion Control, Non-Discharge and
State o(Norch Carolina I EnvironmenUl Qualiry
1617 Mail Sarnce Cemer � Raleigh, Nonh Carolina 27699-I617
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. If 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 300 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 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 must return the project site to its
preconsh-uction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)]
2. Bridge deck drains shall not discharge directly into the stream. [15A NCAC 02H .0506(b)(2)]
3. For the segments of stream impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
4. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certifications will
be waived per request of the permittee. However, measures shall be undertaken to prevent surface water
contamination by equipment fuel, lubricants and oils if it is necessary to conduct equipment maintenance within
50 feet of surface waters. [15A NCAC 02H.0506]
5. 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. [15A NCAC 02H.0506(b)(2)]
General Conditions
1. 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]
2. 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)]
3. 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. [15A NCAC
02H.0506(b)(2)]
4. 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)]
5. 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 (c)(2)]
6. 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)]
7. 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)]
8. 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. [15A NCAC
02H.0506(b)(3)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
13. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
14. 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. [15A
NCAC 02H.0501 and .0502]
15. 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, soil erosion and
sedimentation control requirements, etc.
16. 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)]
17. 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( fl]
18. 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 02B.0506(3)]
19. 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)] �
20. 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 [he project must be designed, installed. operated, and
maintained in acmrdance with [he most recent version of the North Cui•nlino Sedimen� rind Erosion Control
PlunninR and Design hlununl.
b. The desien, 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
Sedimem and Err�sinn Control Munuul. The devices shall be maintained on all cons[ruction sites, borrow
si[es, and wasre pile (spoil) projects, induding contracror-owned or leased bortow pits associated with the
project.
c. For borrow pit sites, [he erosion and sedimen[ control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the Nor�h Carolinu SiaJace Mining tilun:�al.
d. The reclama[ion measures and implementation must comply with the reclama[ion in acwrdance with [he
requirements of the Sedimen[ation Pollution Control Ac[.
21. Sediment and erosion control measures shall not be placed in wedands or waters unless otherwise approved by
this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish [o contest any statement in the attached Certification you must file a peti[ion for an administrative
hearing. You may ob[ain the petition form from the office of Adminis'trative hearings. You must file [he petition
with the o�ce of Administrative Hearings within sisty (60) days of receipt of this notice. A petition is considered
filed when it is received in the oflice of Administrative Hearines durin�, normal office hours. The Office of
Administra[ive Hearings accepts filings Monday [hrou�h Friday between [he hours of 8:OOam and S:OOpm, except
for o�cial state holidays. The ori�inal and one ( I) copy of [he peti[ion must be tiled with the Oflice of
Adminis[rative Hearines.
i'he petition may be faxed-provided the orieinal and one copy of the document is received by the Office of
Administra[ive Hearings within tive (5) business days following [he faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Ralei�h. NC 27699-6714
Telephone: (919)431-3000. Facsimile: (919)431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
I601 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.�ov.
�m erely, /
,� ����,���� �
�J.�nd�lpepper, Dvec[or
Division of Wa[er Resources
Electronic copy only distribotion:
James Lastineer, US Army Corps of En�ineers. Raleigh Field Oflice
Bill Barret, NC Department of Transportation
Amy Euliss. NC Department of Transportation, Division 9
Marella Buncick. US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
�
�
En vrraim en ta I
Quality
NCDWR Projec[ No.:
Applicant
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
a�,��. ��,����
MICHAEL S. REGAN
�e�re��u���
LINDA CULPEPPER
Guerim Uvecmr
Certificate of Completion
Upon completion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Wa[er 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 engineec It is not
necessary to send certiticates from all of these.
.qpplicanl's Certificalion
I, , hereby state that, to the best of my abilities, due care and dilioence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of [he 40 � Warer Quality Cenification and Buffer Rules, die approved plans and
specifications, and other supporting materials.
Signa[ure: Da[e:
Agen!'s Ce�tificalion
I, , hereby s[ate [ha[, ro Ihe best of my abilities, due care and dili�ence
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 Qualiry Certification and Buffer Rules, the approved plans and
specifica[ions, and other supporting materials.
Signature:
Engineer's Ceitlficalion
Partial Final
�, , as a duly regisrered Professional Engineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, full time) [he construction of [he project for the
Permittee hereby state tha[, to the best of my abilities, due care and dili�ence was used in [he observation of the
construction such that the construc[ion was observed to be buill within substan[ial compliance and intent ofthe 401
Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Re�istration No.
Slatz ol North Carolina I Em-ironmental Qualip�
1617 Mail Service Center I Raleigh. Nonh Carolina 27699-1617