HomeMy WebLinkAbout20120313 Ver 1_Approval Letter_20120426North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld
Governor Director
Dr Gregory J Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dee Freeman
Secretary
Aprll26 2012
DWQ #12 0313
Gaston County
SUBJECT Approval of 401 Water Quality Certification and Riparian Buffer Authorization with Additional
Conditions for the Proposed Replacement of Bridge No 6 over the South Fork Catawba River on
State Road (SR) 2014 (North Main Street) Federal Aid Project No BRSTP 2014(3) TIP No 8-4752
WBS 38524 1 1, Gaston County
Dear Dr Thorpe
You have our approval In accordance with the attached conditions and those listed below to permanently Impact a total
of 0 01 acres of wetlands, 0 07 acres of open water and 4 962 square feet of buffers and to temporarily Impact
0 04 acres of wetlands and 0 02 acres of streams (approximately 60 linear feet) as listed In the table below
Wetland Impacts in the Catawba River Basin
Total Wetland Impacts for the Project 0 05 acres
Open Water Impacts In the Catawba River Basin
r' ,3 , --
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'
-*��,
-'YS. �Fi-�Y„ -r V�,3wr
J ?Permit Site Number 4 g
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i
1�i ,3ii s
impacts
PermRSite
Nuumber
Permanent Fill t
(ac eslg _
r Temporaryy Fill
(acres)
txcavatron r
(acres)
Mechanized �
' CieaKng
�� Hand"
Cleodn 9 (acres)
r Total
1 Wetfend impact
Wetland
RequIiring M
It
"' IInea� feet
1 - Iinearrfeet -,
4
,
linear feet 4
Site #1
acres t
Mitt anon acres
-60 linear feet
0
Site #1
001
001
003
005
0
Total Wetland Impacts for the Project 0 05 acres
Open Water Impacts In the Catawba River Basin
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'
y1 . v'' "h
a To al � - "e
J ?Permit Site Number 4 g
Permanent Fill In Open Watemi
1Temporary Fill in Open Waters
r ,
Total Fill in Open Waters E r�
41,Permanent
Intermittent Stream
acres
- acres %-3.
t ages
Site #1
007
007
Total Open Water Impacts for the Project 0 07 acres
Total Stream Impacts In the Catawba River Basin
emtit Site
Pill in
t^yy - .'r,
e m o r a Filll I
':.r'�`j ' �"f%,," fY. '�y},^,� T`�'
Peennanent r l F ll n - `
2 �`,3�' .tip,. +_ '�
Temporary FIII
x"^�' -± � " V Y
T t a I S t r e a m
�'' i '.�tt' :,
T * Stream Impact l�-
Number
41,Permanent
Intermittent Stream
T p ry
4 InrtermitI streams
n
Perennial Stream
' Perennial Streams
o
Impact
Requinng Mug on-.
w linear feet
It
"' IInea� feet
1 - Iinearrfeet -,
Imearfeet
linearfeet
linear feet 4
Site #1
-60 linear feet
0
0 02 acres
Total Stream Impacts for the Project 60 linear feet
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarollna
Phone (704) 663 16991Fax (704) 663 60401 Customer Service 1 877 623 6748 �aturatlt�
Internet http //portal ncdenr ors /web /wq
An Eaual Opportunity /Affirmative Action Emplover- 50/ Recvcled /10 / Post Consumer Paper
t�
Dr Gregory Thorpe
Page Two
Riparian Buffer Impacts in the Catawba River Basin
Permit Site
-el' Mitigation,.# Zone 2 fmpacts in
Zone 2 Buffer�Mrtigation Required_
Number
Zone 1 Impacts In square feet (sq
ft�ype of Impact
Zone 1 Buller square
w Requl ed � rt t (sq ft)
ngth of Impact (using 15 1
�x
ength of impact r s 5s
ratio)��w
a1 a�
w r d� k F
usin 2 1 rdtlo I a f
'x' �� Wti
Site #1
126 sq ft of permanent impact (35
0 0
0
sq ft for roadway approach and 91
s ft for bridge)
Site #2
322 sq ft of permanent impact (28
sq ft for bridge pier 194 sq ft for
0 0
0
bridge) 2 973 sq ft of temporary
impact for temporary work ad
Site #3
1 149 sq ft of permanent impact for
2 298 sq ft 492 sq ft of permanent
738 sq ft
road fill
impact for road fill
Total Buffer Impact for Project 5 062 square feet
The above impacts reflect those described in your application received by the Division of Water Quality (DWQ) on March
27 2012 After reviewing your application we have determined that this project is covered by Water Quality General
Certification Numbers 3820 This approval is also valid for the Catawba Riparian Buffer Rules 15A NCAC 260 243
Please note that you should get any other federal state or local permits before proceeding with your project including
those required by (but not limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed
regulations This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality
Certification
1 The outside buffer wetland or water boundary located within the construction corridor approved by this
certification 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
2 All stormwater runoff shall be directed as sheetflow through stream buffers at non erosive velocities
unless otherwise approved by this certification
3 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated Maintained buffers shall be permanently revegetated with non woody
species by the end of the growing season following completion of construction For the purpose of this condition
maintained buffers are defined as areas within the transportation corridor that will be subject to regular NCDOT
maintenance activities including mowing The area with non maintained buffers shall be permanently
revegetated with native woody species before the next growing season following completion of construction
4 Pursuant to 15A NCAC 2B 0243(6) sediment and erosion control devices shall not be placed in Zone 1 of any
Catawba Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and erosion
control devices in Zone 1 outside of the approved project impacts anywhere on this project Moreover sediment
and erosion control devices shall be allowed In Zone 2 of the buffers provided that Zone 1 is not compromised
and that discharge is released as diffuse flow
5 All portions of the proposed project draining to 303(d) listed watersheds that are Impaired due to turbidity
shall be designed, constructed and operated with sediment and erosion control measures that meet
Design Standards in Sensitive Watersheds [15A NCAC 4B 0124] However due to the size of the project
NC DOT shall not be required to meet 15A NCAC 4B 0124(a) regarding the maximum amount of
uncovered acres
6 Turbidity curtains shall be used to isolate all work areas from the stream including pile or casement installation
placement of riprap excavation or filling Strict adherence to the Construction and Maintenance Best
Management Practices will be required
1
Dr Gregory Thorpe
Page Three
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
8 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
9 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 version of Stormwater Best Management Practices
10 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
11 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
12 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification
13 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
14 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
15 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
16 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
17 The use of nprap above the normal high water mark shall be minimized Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage
18 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream
19 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
20 Temporary dewatenng sites must be restored to pre existing conditions unless more natural geomorphic
conditions can be provided
21 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
22 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 the 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
Dr Gregory Thorpe
Page Four
23 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
24 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
25 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
26 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
27 Native riparian vegetation must be re established within the construction limits of the project by the end of the
growing season following completion of construction
28 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable they
shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released
the project
29 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 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
30 The North Carolina Department of Transportation ( NCDOT) and its contractors and /or agents shall not excavate
fill or perform mechanized land clearing at any time in the construction or maintenance of this project within
waters and /or wetlands except as authorized by this Certification or any modification to this Certification (e g no
work shall occur outside of the footprint of the plans provided) In addition there shall be no excavation from or
waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate
modification If this occurs compensatory mitigation may be required since it is a direct impact from road
construction activities
31 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted
for approval
32 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
33 Upon completion of the project the NCDOT Division Engineer shall complete and return the enclosed Certificate
of Completion form to notify DWQ when all work included in the 401 Certification has been completed Please
include photographs upstream and downstream of the structure to document correct installation
Dr Gregory Thorpe
Page Five
34 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state water
quality standard [including any requirements for compliance with section 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 to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H 0507(d) Before codifying the certification DWQ shall notify NCDOT and the
USACE provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing
in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to NCDOT in writing
shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water
Act and shall also become conditions of the 404 Permit for 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 6714 This Certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If you have any
questions please telephone Polly Lespinasse in the Mooresville Regional Office at 704 663 1699
Sincerely
11--T31 A
6 (,----'9—
for Charles Wakild
Attachments
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Wetlands Unit
File Copy