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Home My WebLink About20130325 Ver 1_Approval Letter_20130328Pat McCrory Governor -ALIT4 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Director Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva, North Carolina, 28779 Dear Mr. Setzer: John E. Skvarla, III Secretary March 28, 2013 Jackson County DWQ Project 20130325 Bridge No. 253 NCSR 1389 (Dicks Creek Road) You have our approval, in accordance with the conditions listed below, for the following impacts in the East Fork Dicks Creek for the purpose of replacing Bridge No. 253 with a 40 -foot long by 27 -foot wide, concrete cored slab bridge on NCSR 1389 (Dicks Creek Road) in Jackson County: Stream Imnaetc in thn T.ittln Tonnneenn ID—p- t2., -: Site Temporary Fill Excavation of Permanent Temporary Total Stream In Intermittent Streambank Fill in Impacts in Stream Impacts Stream and Rip rap Perennial Perennial Impact Requiring (linear ft) Streambank Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Sites 1, 2& 3 0 50 0 90 140 0 Total T.,4..1 _D _a C, 0 t_ -- 50 0 1 90 1 140 0 -- - V4L11 1 U1111"HUui au-cam Impacts ;iur Protect: Su 11n. it. Total Temporary Stream Impacts for Project: 90 linear ft. The project should be constructed in accordance with your application dated March 26, 2013 (received March 26, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3883, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 3. 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 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 conditions. If SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location- 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone. 828- 296 -45001 FAX: 828 - 299 -7043 Internet: www.ncwaterquality.org 'Wm rall An Equal Opportunity 1 Affirmative Action Employer v ` ` LL Mr. J. B. Setzer, P.E. March 28, 2013 Page Two total wetland fills for this project (now or in the future) exceed one acre, or if 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 be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. 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. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. 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. 4. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable, then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium, then a written modification shall be requested. 5. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0 124(a)-(e)] in areas draining to trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone -free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydro seed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. Mr. J. B. Setzer, P.E. March 28; 2013 Page Three 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 12. 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. 13. 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. 14. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 15. 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. 16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. 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. 18. Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 19. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 20. 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. 21. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 23. 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. 24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 25. 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. Mr. J. B. Setzer, P.E. March 28, 2013 Page Four 26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 27. 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. 28. 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. 29. 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 of Federal law is being violated, or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification. 30. The issuance of this certification does not exempt the Permittee form 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, storrnwater management rules, soil erosion and sedimentation control requirements, etc. 31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 -hours of discovery. 32. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. 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 telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Charles Wakild, P.E., irector Division of Water Quality Attachments cc: Lori Beckwith, USACE, Asheville Field Office Mark Davis, Division 14, DEO Ben DeWit, Roadside Environmental Marla Chambers, NCWRC Transportation Permitting Unit Asheville Regional Office 20130325 (Setter) Bridge 253 NCSR 1389 (Dicks Creek Road)