HomeMy WebLinkAbout20121131 Ver 1_Approval Letter_20130214I�CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
i Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 14, 2013
Stokes County
NCDWQ Project No. 20121131
(Bridge nos. 29 and 30) US 52
TIP No. B-4645
. APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Greg Thorpe, PhD,
NCDOT PDEA
1598 Mail Service Center
Raleigh, NC 27699
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing Bridge Nos. 29 and 30 over the Little Yadkin River on US 52 in Stokes County:
Stream Impact in the Yadkin -Pee Dee River Basin
Site
Permanent Fill
Temporary Fill in
Permanent Fill in
• Temporary Fill
Total Stream
Stream
Total Wetland
in Intermittent
Intermittent
Perennial Stream
in Perennial
Impact
Impacts
Bridge
Stream (linear
Stream (linear ft)
(linear ft)
Stream (linear ft)
(linear ft)
Requiring
(ac)
ft)
ac
Mitigation
1
0.01
(linear ft
1
0.01
16
67
83
0
2
64
46
110
0
3
204
20
224
204
64
46
220
87
417
204
Total
Total Stream-Impact for Project: 4171inear feet.
Wetland Impacts in the Yadkin -Pee Dee River Basin
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total Wetland
(ac)
(temporar
(ac)
Clearing (ac)
Clearing
Bridge
Impact (ac)
Y)
(ac)
(ac)
ac
1
0.01
0.01
0.02
0.01
0.01
0.02
Total I
T.
Total Wetland Impact for Project: 0.02 acres.
The project shall be constructed in accordance with your application dated received December 20, 2012
North Carolina Division of Water Quality, Wlnston-8alem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: 336 - 771.50001 FAX: 336 -771 -46301 Customer Service: 1-877-623-6748 NO CarOfina
Internet www.ncwaterquality.org 'J�,���ma l /
An Equal Opportunity (Affirmative Action Employer �/ y) ` `Ll�
with additional information (updated plans and stormwater management plan) dated received February
13, 2013. After reviewing your application, we have decided that these impacts are covered by General
Water Quality Certification Number 3885, 3891, and 3893. This certification corresponds to the
Nationwide Permits 13, 23, and 33 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 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:
Project Specific Conditions
1. Post - construction stormwater shall be designed as approved with revised Stormwater Management
Plan dated received on February 13, 2013. If any changes are made to the post - construction
stormwater design, the Division of Water Quality shall be contacted for approval of the changes.
2.. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Compensatory mitigation for 204 linear feet of impact to streams is required. We understand that
you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the
mitigation for the project. EEP has indicated in a letter dated December 11, 2012 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above - referenced project, in accordance with the EEP Mitigation Banking
Instrument signed July 28, 2010.
General Conditions
1. 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.
2. 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.
3. 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.
4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
5. 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.
6. 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.
7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
9. Discharging hydroseed d-mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
10. 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.
11. 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.
12. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
13. 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.
14. 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.
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:OOam and 5:OOpm, 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 DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
i
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
i Act. If you have any questions, please contact Amy Euliss at (336) 771 -4959 or amy.euliss @ncdenr.gov.
Sincerely,
-i Charles Wakild 0
Director
cc: Jim Mason, NCDOT PDEA NES
John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Kent Boyer, NCDOT Division 9 DEO (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Wetlands/ 401 Transportation Permitting Unit (electronic copy only)
File Copy