HomeMy WebLinkAbout20201510 Ver 1_Approval Letter_20210610 DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
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S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 10, 2021
DWR#20201510
Brunswick County
Mr. Philip S. Harris,III,P.E.,CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina,27699-1598
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT TIP#B-5624 Bridge No. 57, Brunswick County
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division)April 21, 2021. These impacts are covered by the
Water Quality General Certification Number 4135 and the conditions listed below. This certification is
associated with the use of Regional General Permit Number 201902350 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 enclosed 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)]
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
Ai
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
Department of Environmental Quality 919.707.9000
DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
NCDOT
DWR#20201510
401 Certification
Page 2 of 7
Wetland Impacts(Riverine Swamp Forest)in the Lumber River Basin
Site Fill Fill Excavation Mechanized *Hand Total Wetland Impact
(ac) (temporary) (ac) Clearing Clearing (ac)
(ac) (ac) (ac)
Site 1 12+87 to 14+14 LDET-RT 0.021 0.034 0.055
Site 2 17+04 to 17+89 L 0.001 0.003 0.004
Site 3 17+34 to 23+96 LDET-RT 0.107 0.267 0.079 0.453
Site 4 11+95 to 17+04 L-LT 0.083 0.057 0.140
Site 5 17+89 to 22+76 L-LT 0.038 0.047 0.085
Total 0.229 0.267 0.021 0.141 0.079 0.737*
Total Wetland Impact for Site: 0.737 acres.
*Hand Clearing impacts do not count towards permanent impacts
Stream Impacts in the Lumber River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Fill in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
Site 2 16+72 to 18+02 LDET-RT 25 31 56
Site 2 17+88 to 17+98-LDET-RT _ 43 43
Site 2 17+04 to 17+89 L 85 85
Total 68 116 184
Total Stream Impact for Project: 184 linear feet.
Open Water(Ponds/Lakes/Rivers/Sound/Ocean/etc)Impacts in the Lumber River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open
Open Waters (ac) Open Waters (ac) Waters(ac)
Site 1 12+87 to 14+14 LDET-RT 0.177 0.007 0.184
Site 2 17+04 to 17+89 L 0.003 0.003
Site 4 11+95 to 17+04 L-LT 0.001 0.001
Total 0.181 0.007 0.188
Total Open Water Impact for Project: 0.188 acres.
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)].
DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
NCDOT
DWR#20201510
401 Certification
Page 3 of 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 Wilmington Regional
Office 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 Wilmington Regional Office 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 NCDOT Division Environmental Supervisor or Environmental Assistant will conduct a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and
essential staff understand the potential issues at the permitted site. NCDWR staff shall be
invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
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 NCS000250, 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.This condition can be
waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
7. 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. [15A NCAC 02H .0506(b)(3)
DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
NCDOT
DWR#20201510
401 Certification
Page 4 of 7
General Conditions
8. 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 downstream of the above structures.The
applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
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]
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)]
DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
NCDOT
DWR#20201510
401 Certification
Page 5 of 7
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. [1SA NCAC 02H.0506(b)(3)]
19. All sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC
02H.0506(b)(3) and (c)(3)]
20. 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. [1SA
NCAC 02B.0200]
21. 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)]
22. 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)]
23. 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]
24. 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.
25. 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)]
26. 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)]
DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
NCDOT
DWR#20201510
401 Certification
Page 6 of 7
27. 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.0231(a)(6)]
28. 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)
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 [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.
30. 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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
DocuSign Envelope ID:52283D3F-D8C4-4FCD-81D7-EF2F1B143777
NCDOT
DWR#20201510
401 Certification
Page 7 of 7
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 Robert Patterson at 919-707-3880 or Robert.Patterson@ncdenr.gov if you
have any questions or concerns.
Sincerely,
-DocuSigned by:
O•wig C ANeye 4A.
-9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc: Brad Shaver, USACE Wilmington Regulatory Field Office
Mason Herndon, NCDOT Division 3 Environmental Program Supervisor
Gordon Cashin, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
File Copy