HomeMy WebLinkAbout20211405_17BP.7.R.136_Coble Church Road_GenCert_5-25-22 DocuSign Envelope ID:AB1728A6-B978-4E74-8170-02EOA7FO15A6
STATE o�
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 25,2022
Guilford County
NCDWR Project No.20211405
NCDOT TIP Project 17BP.7.R.136
Reconstruction of Bridge 267 on Coble
Church Road
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr.W.R.Archer,PE Unit Head
NCDOT,Division 7
Environmental Analysis Unit
1598 Mail Service Center
Raleigh,NC 27699-1598
Dear Mr.Archer:
You have our approval, in accordance with the conditions listed below, for the following impacts regarding the
reconstruction of Bridge 267 on Coble Church Road over Climax Creek in Guilford County.
Stream Impacts in the Ca a Fear River Basin
Perm Fill in Temp.Fill in
Perennial Stream Perennial Stream Stream Impacts
Site (linear ft) (linear ft) Total Stream Impact Requiring
(linear ft) Mitigation
Bank Stabilization Bank Stabilization (linear ft)
3 39 45 84 -
6 7 31 38 -
Totals 46 76 122 0
Total Stream Impacts: 122 linear feet
Wetland Impacts in the Cape Fear River Basin
Total Impacts
Site Fill(ac)
Excavation Mechanized Hand Wetland Requiring
(ac) Clearing(ac) Clearing(ac) Mitigation
Impact(ac)
ac
1 <0.01 0.03 0.04
2 0.02 0.07 0.09
4 0.02 0.01 0.03
5 0.00 <0.01 0.01
6 0.03 0.00 0.03
Total 0.07 0.00 0.00 0.13 0.20 0.00
Total Wetland Impact for Project: 0.20 acres.
DocuSign Envelope ID:AB1728A6-B978-4E74-8170-02EOA7FO15A6
The project shall be constructed in accordance with your application dated received on April 27,2022.After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4135. This certification corresponds to the General Permit 2019-02350 issued by the Corps of Engineers. This
approval is also valid for the Jordan Lake Buffer Rules (15A NCAC 213.0267. 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 NCDWR 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
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). Additional buffer impacts may require compensatory mitigation as described
in 15A NCAC 213.0267. 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. 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)
General Conditions
1. 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]
2. 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 5A NCAC 02H.0506(b)(2)]
E Q�� 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 CAROLINA �
Department of wronmentalouaifty r 919.707.9000
DocuSign Envelope ID:AB1728A6-B978-4E74-8170-02EOA7F015A6
3. 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)]
4. 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)]
5. 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)]
6. 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)]
7. 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)]
8. 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)]
9. No rock,sand or other materials shall be dredged from the stream channel except where authorized by this certification.
[I 5A NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mixtures and washing out hydro seeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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. [15A
NCAC 02B.0200]
12. 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)]
13. 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)]
14. 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. [15A NCAC 02H.0501 and.0502]
15. 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.
16. 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)]
17. Upon completion of the project(including any impacts at associated borrow or waste sites),NCDOT project engineer
(or appointee) 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)]
E Q�� 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 CAROLINA �
Department of wronmentalouaifty r 919.707.9000
DocuSign Envelope ID:AB1728A6-B978-4E74-8170-02EOA7FO15A6
18. 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)]
19. 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.
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [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]. Please be aware that impacting
waters without first applying for and securing the issuance of a 401 Water Quality Certification violates 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.
A party filing a Petition must serve a copy of the Petition on:
William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 15013-23(a).
E Q�� 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 CAROLINA �
Department of wronmentalouaifty r 919.707.9000
DocuSign Envelope ID:AB1728A6-B978-4E74-8170-02EOA7FO15A6
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H.0500.
If you have any questions,please contact Ryan Conchilla at ryan.conchilla(a-),ncdenr. og_v.
Sincerely,
DocuSi ned by:
44PK L -
9C9866312DCD474...
Richard E.Rogers,Jr.Director
Division of Water Resources
Electronic copy only distribution:
David Bailey,US Army Corps of Engineers,Raleigh Field Office
Jerry Parker,DOT Division 7 Environmental Officer
E Q�� 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 CAROLINA �
Department of wronmentalouaifty r 919.707.9000