HomeMy WebLinkAbout20200469 Ver 1_Approval Letter_20200421DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
ErrOMFIrh#rtfdI Quarlly
April 21, 2020
Duplin County
NCDWR Project No. 20200469
Bridge 36 on NC 11
TIP Project No. B-5639
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Gordon Cashin, Environmental Program Consultant
NC DOT Environmental Analysis Unit
1000 Birch Ridge Drive
Raleigh, NC 27610
Dear Mr. Cashin:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 36 over Maxwell Creek on NC 11 (Clodfelter Road) to include a temporary on -site detour in
Duplin County:
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Stream (linear
Stream (linear
Perennial
Perennial
(linear ft)
Requiring
ft)
ft)
Stream
Stream (linear
Mitigation
(linear ft)
ft)
(linear ft)
Site 3
99
99
N/A
22+85 to 24+25 L -
Site 3
27
27
N/A
17+46 to 19+61-LDET
126
126
N/A
Total
Total Stream Impact for project: 126 linear feet
D_ E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
Wetland Impacts in the Cape Fear River Basin
Site
Fill
Fill
Excavation
Mechanized
*Hand
Area
Total
(ac)
(temporary)
(ac)
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
Bridge
Impact (ac)
(ac)
Site 1
0.003
0.003
19+50 to 19+86 L-RT
Site 1
0.007
0.007
20+11 TO 21+09 L-RT
Site 1
0.078
0.019*
0.078
14+62 to 16+65 LDET -RT
Site 1
0.001*
0
17+22 to 17+38-LDET-RT
Site 2
0.016
0.059
0.075
20+21 to 22+85-L-LT
Site 3
0.001
0.004
0.005
22+85 to 24+25 L
Site 3
0.007
0.002*
0.007
17+46 to 19+61 LDET-
Site 4
0.001
0.015
0.016
24+22 to 25+34 -L-LT
Site 4
0.027
0.029
0.056
26+01 to 27+49 L-LT
Site 5
0.019
0.019
25+81 to 27+17 L-RT
Site 5
0.194
0.001
0.076*
0.195
19+61 to 26+41 LDET-RT
U Site 1
0.002
0.002
L26+36 to 26+46 LT
U Site 1
0.020
0.020
L26+36 to 27+50 LT
0.074
0.272
0.030
0.107
0.098*
0.483
TOTAL
Total Wetland Impact for Project: 0.483 acres.
*Hand Clearing impacts do not count towards mitigation
North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
The project shall be constructed in accordance with your application dated received April 7, 2020 with additional
information received on April 17 and 20, 2020. After reviewing your application, we have decided that these
impacts are covered by General Water Quality Certification Number 4140. This certification corresponds to the
Nationwide Permit 23 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 (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 perennial 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 and any additional conditions listed below.
Conditions of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Program Supervisor or Environmental Assistant will conduct a pre -
construction meeting with all appropriate staff to ensure that the project supervisor and essential staff
understand the potential issues with stream and bridge temporary detour site at the permitted
site. NCDWR staff shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and
(b)(3)
2. 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)]
3. 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)]
4. 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)
5. 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, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H
.0506(b)(3)
6. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of
native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [I 5A NCAC
02B.0224, .0225]
7. 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)
8. In accordance with commitments made in your application, the area for the temporary detour will be
restored to pre -construction conditions and reforested per drawing described in April 20, 2020 email and
additional information provided. Due to the possibility that compaction and/or other site alterations might
prevent the temporary wetland impact area from re -attaining jurisdictional wetland status; the permittee
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
shall provide an update on the wetland areas temporarily impacted at the on -site detour alignment. This
update shall be conducted for two growing seasons after completion of the work at the temporary on -site
detour and shall consist of photographs and a brief report on the progress of the areas in re -attaining
wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall schedule
an agency field meeting with the NCDWR and the USACE to determine if the wetland areas temporarily
impacted by this project have re -attained jurisdictional wetland status [15A NCAC 02H.0506(b)(2)
&(c)(2)
9. For the utility excavation: The mixing of topsoil and subsoils within wetlands along utility corridors (and
boreholes) shall be minimized to the greatest extent practicable. During excavation, the soils shall be
placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches (and
boreholes) will be piled separately from subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted. Any questions please have the Division environmental officer
contact the regional office. 15A NCAC 02H .0506 (b)(2) and (c) (2)
General Conditions
10. Unless otherwise approved in this certification, 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)]
11. 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.
[I5ANCAC 02B.0200]
12. 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)]
13. 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)]
14. 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. [I5ANCAC 02H.0506(b)(2)]
15. 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)]
16. 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)]
17. 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. [I 5A NCAC
02H.0506(b)(3)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
18. 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)]
19. 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)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
21. 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]
22. 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)]
23. 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)]
24. 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]
25. 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.
26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I 5A NCAC 02B.0506(b)(2)]
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer 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(f)]
28. 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. 023 1 (a)(6)]
29. 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)]
30. 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]):
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
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 Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
31. 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 (c)(3)]
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 of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office 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 Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, 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
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Joanne Steenhuis at (910) 796-7306 orjoanne.steenhuis@ncdenr.gov.
Sincerely,
nDocuSigned by:
Cpp.�(A77.gpW1.lA;A.
. La111e�2Jm1T11, Director
Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, Division 3 Environmental Program Supervisor
Chris Rivenbark, NC Department of Transportation
Jason Elliott, NCDOT, Natural Environment Section
Beth Harmon, Division of Mitigation Services
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: B6FB05BC-279C-4F89-8F59-5B3D8C993320
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Err0MFIfII&Mkl Qu8illy
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water 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 engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , 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 of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , 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 of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer 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 of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000