HomeMy WebLinkAbout20090653 Ver 1_Approval Letter_20090821NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
August 21, 2009
Scotland County
TIP Project B-4641
State Project No. 8.1590701
DWQ Project No. 090653
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS (revised)
Dr. Greg Thorpe, Ph.D., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Dee Freeman
Secretary
In order to maintain consistency with the US Army Corps of Engineers and resolve questions raised by the PDEA Natural
Environment Unit, we are providing an amended table of impacts in regard the replacement of Bridge No. 75 on US 74
Business in Scotland County. All other elements of the original 401 Certification transmittal, dated August 17, 2009,
remain the same.
Wetland Impacts in the Lumber River Basin (non-riverine)
Site Fill Fill Excavation Mechanized Hand Clearing Open Water Total Wetland
(per (ac) (temporary) (ac). Clearing (ac) (ac) Impact and Open
plans) (ac) (ft) Water
(temporary) Impact (ac)
Sta.11+65/ 0.08 0.06 0.14
14+60 RT road fill
Sta.l3+o0/ 0.03 0.05 - 0.08
15+10 LT road fill
Ste. 14+80/ 0.01 481.f. 0.02
16+00 temp. causeway temp. impact
(O.Olac)
Sta. 0.04 0.01 0.01 ac. 0.05
16+30/16 temp. causeway removal of
+80 L existing road fill
Sta.16+85/ 0.01 0.01 0.02
17+65 RT road fill
Star 0.18 0.08 0.26
16+85/ road fill
20+25 LT
Total 0.30 0.05 0.01 0.20 48 1f/0.02 ac. 0.58
225 Green St., Ste. 714 .
Fayetteville, North Carolina 28301
Phone: 910-433-33001 FAX: 910486-07071 Customer Service: 1-877-623-6748
Internet: w .h20.enr.state.rl
An Equal Opportunity 1 Affirmative Action Employer
NonrthCarolina
Naturally
Dr. Greg Thorpe, Ph.D.
August 21, 2009
Page 2
Total Wetland Impact for Project: 0.51 ac. permanent impact, 0.07 ac. temporary impact
The project shall be constructed in accordance with your application dated June 2, 2009, received June 4, 2009, and supporting
information requested by DWQ on June 25 and June 30, 2009, received June 26, 2009 and July 22, 2009 respectively. After reviewing
your application and additional information, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3701 and 3688, which correspond to Nationwide Permits 23 and 33, as 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 (but not limited to) Sediment
and Erosion Control, Non-Discharge and 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 and supporting information (unless modified
below). Should your project change, you must notify the DWQ 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 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 listed in the attached certification, as well as the following additional conditions.
Additional conditions
1) Placement of culverts and other structures in waters, streams, and wetlands 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 down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other
limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
2) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and
stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life and fish kills.
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.
4) The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and
streams should be restored to natural geomorphic conditions.
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.
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.
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.
Dr. Greg Thorpe, Ph.D.
August 21, 2009
Page 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.
9) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
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 DWQ 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,
DWQ may reevaluate and modify this certification.
12) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification.
13) A copy of this Water Quality Certification shall be posted 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
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.
15) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
16) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
17) 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 be located in wetlands or streams, compensatory mitigation will be required
since that is a direct impact from road construction activities.
18) 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:
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 Carolina Sediment and Erosion 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 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 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 CorolingSurface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act.
Dr. Greg Thorp, Ph.D.
August 21, 2009
Page 4
19) Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural
grade restored upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification
and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality
under Section 401 of the Clean Water Act. If you have any questions, please contact Ken Averitte at (910) 433-3303.
Sincerel-y,,?w?
Coleen H. Sullins
Attachments (General Certification and Cert ificate of Completion form)
cc: Wilmington US Army Corp District Office
Art King, Division 8 Environmental Officer
Kim Garvey, US Army Corps of Engineers, Wilmington Field Office
Sonia Gregory, 40 ]/Wetlands DOT Unit
FRO. DWQ
File Copy
Scotland.B-4641. rev is ion. doc