HomeMy WebLinkAbout20210996 Ver 1_Approval Letter_20210609 DocuSign Envelope ID:36AE468A-C362-486B-BF45-2CA67AE5A28D
ROY COOPER
Governor 6
DIONNE DELLI-GATTI
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 9,2021
DWR#20210996
Montgomery County
Patrick Norman,PE,Division Engineer
NCDOT Division 8
121 DOT Drive
Carthage,NC 28327
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
NCDOT Project 17BP.8.R.135: Bridge 190 on SR 1110,Montgomery County
Dear Mr.Norman:
You have our approval for the impacts listed below for the purpose described in your application received by the
Division of Water Resources June 8,2021. These impacts are covered by the attached Water Quality General
Certification Numbers 4132&4134 and the conditions listed below. These certifications are associated with the use
of Nationwide Permit Numbers 3 & 13 once it is issued to you by the U.S.Army Corps of Engineers. 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.
The Division has determined that the proposed project will comply with water quality requirements provided that
you adhere to the conditions listed in the general certification and to the additional conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved,including incidental impacts.
[15A NCAC 02H.0506(b)]
Stream Impacts in the Yadkin PeeDee River Basin
Site Riprap Stabilization in Temporary Dewatering to Temporary Fill in Total Stream
Perennial Stream(linear ft) Perennial Stream(linear ft) Perennial Stream(linear ft) Impact (linear ft)
Total 86 126 30 242
Total Stream Impact for Project: 242 linear feet.
Wetland Impacts in the Yadkin PeeDee River Basin
Site Permanent Fill(ac) Mechanized Clearing(ac) Total Wetland Impact(ac)
Total 0.01 0.08 0.09
Total Wetland Impact for Project: 0.09 acres.
j North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environment&[Maury 919,707.9000
DocuSign Envelope ID:36AE468A-C362-486B-BF45-2CA67AE5A28D
This approval is for the purpose and design described in your application.The plans and specifications for this
project are incorporated by reference as part of this Certification. If you change your project,you must notify the
Division and you may be required to submit a new application package with the appropriate fee. If the property is
sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]. If total wetland fills for this project(now or in the future)exceed 0.1 acre,or of total
impacts to perennial streams(now or in the future)exceed 300 linear feet,compensatory mitigation may be required
as described in 15A NCAC 2H.0506(h)(6)and(7).
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with
the additional conditions itemized below,you must notify the DWR Transportation Permitting Branch within 24
hours(or the next business day if a weekend or holiday)from the time the permittee becomes aware of the
circumstances.
The permittee shall report to the Transportation Permitting Branch any noncompliance with,and/or any violation of,
stream or wetland standards[15A NCAC 02B .0200] including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours(or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions:
1.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.
[15A NCAC 02H.0506(b)(2)
2.As a condition of this 401 Water Quality Certification,the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
3.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. To meet the requirements of NCDOT's NPDES permit NCS0000250 please refer to the most
recent version of the North Carolina Department of Transportation Stormwater Best Management Practices
Toolbox manual for approved measures. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
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 the NCDWR first. [15A NCAC 02H.0506(b)(2)]
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. [15A NCAC 02H.0506(b)(3)]
6.A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,
on the stream bank,or within 5 feet of the top of bank,or during the removal of bents from an old bridge.This
condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3)]
7.For any streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
8.All portions of the proposed project draining to 303(d)listed impaired watersheds y 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.
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. [15A NCAC 02B.0200]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000
DocuSign Envelope ID:36AE468A-C362-486B-BF45-2CA67AE5A28D
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. [15A NCAC 02H.0506(b)(2)]
11.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. [15A NCAC 02H.0506(b)(2)]
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. [15A
NCAC 02H.0506(b)(2)]
13.The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
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. [15A NCAC
02H.0506(b)(3)and(c)(3)]
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. [15A NCAC 02H.0506(b)(3)]
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. [15A NCAC
02H.0506(b)(3)]
17.No rock,sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
18.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
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 the NCDWR 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,the NCDWR may reevaluate and modify this
certification. [15ANCAC 02B.0200]
20.All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
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. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
22.The outside buffer,wetland or water boundary located within the construction corridor approved by this
authorization,including all non-commercial borrow and waste sites associated with the project,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. [15A NCAC 02H.0501 and.0502]
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.e. 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 Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000
DocuSign Envelope ID:36AE468A-C362-486B-BF45-2CA67AE5A28D
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 the NCDWR
when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
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. [15A NCAC 02B.0506(b)(2)]
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. [15A NCAC 02H.0506(b)(3) and(c)(3)]
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 [15A NCAC 02H.0506(b)(3)and(c)(3)]:
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 surface waters,or within 5 feet of the
top of bank,without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
30.When applicable,all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973).Regardless of applicability of the Sediment
and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices for the control of
sediment and erosion so that no violations of state water quality standards, statutes,or rules occur. [15A NCAC
02H.0506{b)(3)and(c)(3)and 15A NCAC 02B .0200]
31.Design,installation,operation,and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control
Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)sites,including
contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization
and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed,installed,operated,and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation
measures and implementation shall comply with the reclamation in accordance with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as 303(d)Impaired,then the sedimentation and erosion
control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,Design Standards in
Sensitive Watershed. [15A NCAC 02H.0506(b)(3)and(c)(3)]
North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000
DocuSign Envelope ID:36AE468A-C362-486B-BF45-2CA67AE5A28D
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by
having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,
you have violated Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC
2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation
of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal
Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a
general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director
of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings
(OAH)within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the
OAH Clerk's Office at(919)431-3000.
One(1)copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H.0500. Please contact Rob Ridings at rob.ridings@ncdenr.gov if you have any questions or concerns.
Sincerely,
n
- W C DocuSigned by:
awl Yt4.QA.
s"--9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
cc:
Art King,NCDOT Division 8 Environmental Officer
James Lastinger,USACE Raleigh Regulatory Field Office
File Copy
DEj North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of etiironmenr,i ou.ury 919,707.9000
DocuSign Envelope ID:36AE468A-C362-486B-BF45-2CA67AE5A28D
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 Resources, 1617 Mail Service Center,Raleigh,NC,27699-1617.
This form may be returned to NCDWR 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: Date:
Engineer's Certification
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
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 Registration No.
Date
jNsio2rNt
h CnaDepartment of ironment Quality 1 ResourcesNORTH CAROUNADorth Salisburyaroli Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617
Department of Environmentel ou.ury 919.707.9000