HomeMy WebLinkAbout20120576 Ver 1_Approval Letter_20120823A
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
August 23 2012
Bladen County
NCDWQ Project No 120576
Bridges 188 and 189 on SR 1316
TIP Project No B 4712
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 188 over the Cape Fear River and Bridge No 189 over unnamed tributary to the Cape Fear
River on NC 1316 (Tarheel Ferry Road) in Bladen County
Wetland Imnacts in the Cane Fear River Basin (riverâ–ºne)
Site
Station
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing
ac
Hand
Clearing
ac
Total Wetland
Impact (ac)
1
34 +80 to 45 +50 L
0
029
0
0
045
074
2
62 +00 to 64 +50 L
0
003
0
0
008
Oil
1
42 +57 to 455 +75
0
0
0
0
056
056
2
50 +92 to 52 +05
0
0
0
0
004
004
Total
0
032
0
0
113
145
Total Wetland Impact for Protect 145 acres
Open Water Impacts in the Cape Fear River Basin
Site
Station /Structure
Permanent Fill in
Open Waters ac
Temporary Fill in
Open Waters ac
Total Fill in Open
Waters ac
1
Workbrid es
0
<0 01
<0 01
2
62 +00 to 64 +50 L
0
002
002
Total
0
002
002
Total Open Water Impact for Project 0 02 acres
The project shall be constructed in accordance with your application dated received June 12 2012 and revisions
received electronically on August 23 2012 After reviewing your application we have decided that these impacts
are covered by General Water Quality Certification Number 3891 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
225 Green St Suite 714 Fayetteville NC 28301 5043 One
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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 NCDWQ 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(s) and any additional conditions listed below
Condition(s) of Certification
Protect Specific Conditions
1 In accordance with commitments made in your application all clearing of vegetation associated with this
project within jurisdictional wetlands shall be performed with the use of hand clearing methods only
2 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
3 The permittee will need to adhere to all appropriate in water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission No in water work
is permitted between February 15 and June 15 of any year without prior approval from the NC Division of
Water Quality and the NC Wildlife Resources Commission In addition the permittee shall conform with
the NCDOT policy entitled Stream Crossing Guidelines for Anadromous Fish Passage (May 12 1997) at
all times
4 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
5 Project shall be constructed in accordance with the Stormwater Management Plan submitted and dated
February 29 2012
6 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 NCDWQ first
7 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
General Conditions
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
9 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
10 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
I 1 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
12 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
13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
14 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
15 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
16 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
17 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
19 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
20 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
21 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
22 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
23 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
24 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
25 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
NCDWQ when all work included in the 401 Certification has been completed
26 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
27 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
28 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
29 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
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 OOpm except
for official state holidays 1 he original and one(]) 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
1 he 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 DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 or mason hei radon a,ncdem gov
Sincerely
Charles Wakild
Director
ec Jim Rerko Division 6 Environmental Officer
Ronnie Smith US Army Corps of Engineers Wilmington Field Office
Chris Militscher Environmental Protection Agency
Gary Jordan US Fish and Wildlife Service
Travis Wilson NC Wildlife Resources Commission
Tyler Stanton NCDOT Natural Environment Section
Sonia Carrillo NCDWQ Central Office
File Copy
NCDWQ Project 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 NCDWQ 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 Certtftcation
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 Buffei 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
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