HomeMy WebLinkAbout20180035 Ver 1_Approval Letter_20180109Environmc�ntul
Qua(ity
ROY COOPER
r,,,��, �-„<�,
MICHAE[. S. REGAN
��n�, o-n��
LINDA CULPEPPER
Lucrnn Ilu'.zvor-
Januaro� 9. ?018
Rockin,ham County�
NCDWR Project No. 20180035
l3ridge 131 on US ?? I
CIP Project No. B-�352
WBS Elemenl46066.1.1
APPROVAL of-001 WATF.R QUALITI' CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Philip S. Harris. III. P.E., CPM
Na[ural Environment Section Flead
Project Developmen[ and Fnvironmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh. North Carolina, 27699-1�98
Dear Mr. Harris:
You have our approval, in accordance with the conditions' listed below, tbr [he following impacts to replace Bridge
131 over Moun�ain Rim Creek un US ?21 with a new bridge in Rockingham County:
Site
Totals
Stream Im
Temporary Fill in
Perennial Slream
Qinearfry
acls in the Roanoke River Basin
Pcrmanent Fill in Total Stream Stream Impacts
Perenni.d Stream �mpacl Reyuirin�
Qinear ft) Mitigation
(linearft) ,,:__.._,...
77
77
77
'77
To[al S[ream Impac[ for ProjecL• 77 linear feet.
l�he project shall be consvucted in accordance witli your applicatiun dated anJ reczived January 8, 3018. ARer
reviewing your application, we havc decided ihat these impacts are covered by General Water Quality Certificaiion
Number �1140. This certilicaiiun corresponds to Nationwide Permit 23 issued bq the Curps of Engineers. You should
acquire an} other federal, state or local permits before you proceed with your project including (but not limited to)
Sedimen� and Erosion Control, Non-Discharge �nd Watcr Supply Watershed regulations. This approval will expire
wi[h Ihe accompanying d0>I permit.
This approval is valid solely for the purpose and design described in your application (onlzss modified bclow). Should
your project change, you mus� nutif}' the NCDR'R and submit a new application. If [he propert}- is sold, the new
owner must be given a copy ot this Cenitication and approval letter, and is therebq responsible for complying with all
the conditions. If rotal impacts to streams (now or in the Future) exceed 300 linear faet, compensatory mitigation may
be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval [o remain valid, }'ou mus[ adhere
ro the conditions listed in thc attached certitication(s) and any additional condi�ions listed below.
� �'Nothing Compares "—,
Slule nl Nnrth Carolina I �'.m�imnmemal Qualilp
I n 17 Mai I Snrace Crnier � Rale�gh. North Cemlina 27h4Y- I b I 7
Condition(s) of Certification:
Project Specific Conditions
1. 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
2. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shal] be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)] '
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. To meet the requirements of NCDOT's NPDES permit
NCS000250 please refer to the most recent version of the North Carolina Department of Transportation
Stormwater Best Management Practices Toolbox manual for approved measures. [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. [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)
6. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream 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(b)(3)]
7. 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 into position. Under no circumstances
should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)]
8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.0267]
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 SCM 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. [l SA 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. [ISA 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. [I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506
(b)(2) and (�)(2)l
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 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.0267(10)]
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
sarface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project mus[ be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control P/anning and Design Manua/.
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 Ieased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment wntrol measures must be designed, installed, operated,
and maintained in acwrdance with the most recent version of the North Carolina Surface Mrnrng
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of [he Sedimentation Pollution Control Act.
21. 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 (cx3)]
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 oFthis notice. A petition is considered filed when
it is received in the office of Administrative Hearings during normal oftice 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 [he petition must be filed with the Oftice 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 Adminishative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy ofthe petition must also be served on DEQ as Follows:
Mr. Bill F. Lane, General Counsel
Departrnent of Environmental Qualiry
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 April Norton at (919) 707-91 I I or Aoril.Nortonna,ncdenr. o�v.
Sincerely,
���.
Linda ulpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
James Mason, Environmental Analysis Unit, NCDOT
Dave Bailey, US Army Corps of Engineers, Raleigh Field Otlice
Carla Dagnino, Environmental Analysis Unit, NCDOT
Travis Wilson, NC Wildlife Resources Commission
File Copy
Environmenlul
Quafity
NCDWR Project No.:
Applicant:
Project Name:
Da[e of Issuance of �101 Waler Quality Certification:
County:
ROY COOPER
t;�����„n„�
MICHAEL S. REGAN
�, �, � �„n
LINDA CULPEPPER
Lurnm Pirrrmr
Certifica[e of Completion
Upon comple[iun ofall work approved within the 401 Waler Quality Certitication orapplicable Buffer Rules, and any
subseyueN modifications, Ihe applicant is required lo reWm this certificate to the 401 Transportation Permitting Unit,
North Carolina Division of Water Resources. I6I7 Mail Service Cen[er, Raleigh. NC, 37699-1617. This form may
be rewrned to NCDWR by the applican[, the applicant's authorized agent, or the project engineer. It is not necessary
[o send certiticates from all of these.
Applicaal's Cerfifrcaliou
I. , hereby s[ate that, to the best of my abilities, due care and dili;ence
was used in [he observa[ion of Ihe cons�ruction such Iha[ [he construc[ion was observed to be built within substantial
compliance and in[en[ of [he 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specitications,
and other supporting ma[crials.
Signature: Date:
Age��1's Certificaliou
I, , hereby stare tha[, to the best of my abilities, due care and diligence
was used in the observation of the construction such tha[ the construction was obscrved [o bc built within substantial
compliance and intent ofthe 401 Water Quality Cenifcation and Buffer Rules, the approved plans a�d specifications,
and other supporting materials.
Signature:
Eirgineer's Cerfiftcalioii
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, havin, been authorized [o observe (periodically, weekly, full time) the construction of the project Por the
Perniittee hereby state Iha[, to the best of my abilities, due care and dilieence was used in the observation of the
consiruc�ion such that the construction was observed to be buil� within substantial compliance and intent ot'th� 401
Water Quality Certification and [iuRer Rules, [he approved plans and specifications. and o�her supportine materials.
Signature
Da[e
Registration No.
-'�"Nothing Compares "—�
Statc ol North Camhnv I Gnvimnmtntal Qualilr
1617 Mail Scrviit Ccnl<'r I Raleigh. North Carolin� 27M199-1617