HomeMy WebLinkAbout20111016 Ver 1_Approval Letter_20120109f
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E
Governor Director
Dee Freeman
Secretary
January 9 2012
Columbus County
DWQ Project No 111016
Bridge 44 on NC 904
TIP Project No B 4471
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 44 over Juniper Swamp on NC 904 in Columbus County
Wetland Impacts in the Lumber River Basin (riverme)
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total Wetland
(ac)
(temporary)
(ac)
Clearing
Clearing
Bridge
Impact (ac)
ac
ac
ac
ac
L Sta 11 +10 to 22 +45
065
006
0 18
014
103
Total
065
006
018
014
103
Total Wetland Impact for Project 103 acres
The project shall be constructed in accordance with your application dated received December 2 2011 and revisions
submitted electronically on December 21 2011 After reviewing your application we have decided that these
impacts are covered by General Water Quality Certification Number 3701 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 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
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Condition(s) of Certification
Protect Specific Conditions
1 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification
2 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 Please refer to the most current vei sion of Stormwater Best
Management Practices
3 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically betting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first
4 This certification does not authorize any clearing of vegetation or the placement of fill in wetlands or
waters for the relocation of utility lines or poles
5 The project shall be constructed in accordance with the Stormwater Management Plan submitted and
dated August 15 2011
General Conditions
6 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 down stream of
the above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or
other limiting features encountered during construction please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required
7 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
8 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
9 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
10 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
11 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
12 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
13 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
14 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
15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
17 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 NCDWQ 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
NCDWQ may reevaluate and modify this certification
18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
19 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 protect manager
20 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
21 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 a local state and
federal) having jurisdiction including but not limited to applicable buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc
22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
23 Upon completion of the protect (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
NCDWQ when all work included in the 401 Certification has been completed
24 Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction
25 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
26 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
I�
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
23 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
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 Mason Herndon at (910) 308 4021
Sincerely
a"&� 0
Charles Wakild
Attachments (General Certification and Certificate of Completion form)
cc Ronnie Smith Wilmington US Army Corp District Office (electronic copy only)
Jim Rerko Division 6 Environmental Office (electronic copy only)
Greg Burns PE Division 6 Engineer
Chris Milrtscher Environmental Protection Agency (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Sonia Gregory NCDWQ Central Office (electronic copy only)
File Copy
DWQ Protect No
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
County
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 Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form
may be returned to DWQ 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
Date
Agent 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
Engineer's Certification
Date
Partial Final
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
Permtttee 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