HomeMy WebLinkAbout20190331 Ver 1_Approval Letter_20190327ROY COOPER
co�e��o�
MICHAELS.REGAN
Secretary
LINDA CULPEPPER
Di�ecror
NORTH CAROLINA
Environmental Qualiry
March 27, 2019
RowanCounty
NCDWR Project No. 20190331
Bridge 81 on SR 1926
Project 17BP.9.R.76
APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS
Ms. Amy Euliss, Division Environmental Officer
NCDOT, Division 9
375 Silas Creek Parkway
Wins[on Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with [he conditions listed below, for the following impacts for replacing
Bridge 81 wi[h a new bridge over Deals Creek in Rowan County.
Stream Im ac[s in the Yadkin Pee Dee River Basin.
Temporary Fill in Perennial
Site Permanent Fill in Perennial Stream Stream (linear ft)
(linear ft)
Demo/Construction
To[als
0 126
0 126
Total Stream Impact for Project: 126 linear feet.
Stream Impacts
Requiring
Mi[igation
(linear ft)
0
e
Wetland Im acts in the Yadkin Pee Dee River Basin Riverine .
Fill Excavation Hand Clearing H'etland Impac[s
Site (ac) (ac) (ac) Requiring Mitigation
(linear ft)
I 0.43 - - -
2 - 0.03 - -
3 - - 0.18 -
Totals 0.43 0.03 0.18 -
Ibtal wetland impact ior project: U.64 acres
E � North Carulina Department of Environmental Qualiry I Divislon of Water Resources
� 512 Nurth Salisbury Strer� I 1617 MailService Centrr � Raleiyh. Nor[h Carolina 27699-16❑
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The project shall be constructed in accordance with your application dated March 11, 2019. After reviewing your
application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC)
Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the corresponding 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project chan�e, 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 reGuired 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
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)
2. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current
version ofNCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)]
3. 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. [ I SA NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
4. 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. [ISA NCAC
02B.0200]
5. 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)]
General Conditions
1. 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)]
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 the NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact the NCDWR for
guidance on how to proceed and to determine whether a permit modification will be required. [15A NCAC
02H.0506(b)(2)]
3. 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)]
4. 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)]
5. 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)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. 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]
8. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [ISA NCAC 02H.0506(b)(2)]
9. 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. [1SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
10. 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]
11. 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.
12. 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)]
13. 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]
14. 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 02H.0506(b)(3) and (c)(3)]
15. There sha11 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)]
16. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Bes[ Management Practices in order to protect surface
waters standards [ISA NCAC 02H.0506(bx3) and (cx3]):
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 Sedrment and Erosion Control
Planning and Design Manua[.
b. The design, installation, operation, and maintenance of the sediment and erosion conhol measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sedrment and Erosion Contro! 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 Surjace Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Conhol Act.
17. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be
removed, and the natural grade resrored upon completion of the project. [ I SA NCAC 02H.0506(bx3) 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 Adminishative hearings. You must file the petition
with the office of Administrative Hearings within sixry (60) days of receipt of this notice. A petition is considered
filed when it is received in the o�ce of Administrative Hearings during normal o�ce hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for o�cial state holidays. The original and one (1) copy of the petition must be filed with the Office oF
Adminis[rative Hearings.
The petition may be faxed-providing 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:
Otlice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the pe[ition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Departtnent of Environmental Qualiry
1601 Mail Service Center
1'his 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.
Sincere� �-
Qa, Lin/ ulpepper, Director
�...y
Division of Water Resources
Electronic copy only distribution:
Bryan Roden-Reynolds, US Army Corps of Engineers, Charlotte Field Office
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
ROY COOPER
Governor
MICHAEL S. REGAN
Semerary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environme�fal Quality
NCDWR Projcct No.: Counh�:
Applican[: _
Project Name: . __
Datc of Issuancc of 401 Water Quality Certification:
Cer[ificate of Completiun
Upon completion ofall work approved within the 401 Water Quality Certification or applicable Buffcr Rules, and
any subsequent modifications, the applicant is required to return this certiticate to Ihe 401 Transportation Permittine
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1 6 1 7. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or Ihe project en�ineer. It is not
necessary to send certificates from all of [hese.
ApplicnirPs Cerlificalioir
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that the construction was observed to be built within substantial
compliance and intent of [he -101 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si;nature: Date:
f�KQltl'.f CQ/!lflCG!%011
I, , hereby state ihat, to the best of my abilities, due care and diligence
was used in the observation of [he cons[ruction such that the construction was observed to be built within substantial
eompliance and intent ofthe 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supportin� materials.
Si�nature: _
Eiegiueer's Certifrcalioe
Partial Final
Date:
I, , as a duly registered Professional F.ngineer 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 Qualiry Certification and BuCfer Rules, the approved plans and specitications, and other supporting materials.
Signa[ure
Date
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Registration No.
North Cu�olina Drpar�mcnt o( EnvirunmcYital Quality ; Dlv'uiun o( Wa1a�r Rceources
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