HomeMy WebLinkAbout20190622_ Bridge 217 Anson Co_GP50DocuSign Envelope ID: C77ACFB4-E90D-4CEA-A683-17920C224230
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality February 2, 2024
Anson County
NCDWR Project No. 20190622 v 2
Bridge 030217 on SR 1654
WBS Element No. BP.I O.R049
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Joel Howard, PDEA Engineer
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
JMHoward@NCDOT.gov
Dear Mr. Howard:
You have our approval, in accordance with your application dated December 7, 2023, and with the conditions listed
below, to impact Lanes Creek as part of a bridge replacement project on Morton Road (SRI654).
Stream Impacts (linear feet of fill) in the Yadldn PeeDee River Basin.
Site
Temporary Fill in
Perennial Stream
Temporary Fill in
Intermittent Stream
Permanent Fill in
Intermittent Stream
Stream
Impacts
Construction
Dewater
Construction
Excavate
Rip Rap
Requiring
Mitigation
1
108
-
-
-
-
-
2
-
55*
-
-
-
-
3
-
-
74
-
-
-
4
-
-
-
16
-
-
5
-
-
-
-
12
-
Totals
108
74
28
-
182
Total Stream Impact for Project: 210 linear feet.
*The 108 LF of temporary construction impacts overlap the 55 LF of dewatering impacts, due to the overlap,
total temporary stream impacts total 182 LF and total stream impacts total 210 LF.
After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality
Certification (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Regional General Permit
201902350. 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 corresponding 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 tenth acre, or of total
impacts to 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). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
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
919.707.9000
DocuSign Envelope ID: C77ACFB4-E90D-4CEA-A683-17920C224230
Condition(s) of Certification:
Project Specific Conditions
1. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current
version of NCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(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 (as described in the stormwater management plan) before
entering the stream. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
4. Riprap 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. [ 15A NCAC 02H. 0506(b)( 2)]
5. For the 182 linear feet of stream being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species. [ I 5A NCAC
02H. 0506(b)(2)]
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. [ 15A NCAC 02H. 0506(b)(2)]
7. 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)]
8. 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)
9. 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)
10. 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)
General Conditions
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. [I 5A NCAC
0213.0200]
2. 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.
[I5ANCAC 02H.0506(b)(2)]
North Carolina Department of Environmental Quality I Division of Water Resources
jgAR-3 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C77ACFB4-E90D-4CEA-A683-17920C224230
3. 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)]
4. 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)]
5. 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)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. 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]
8. 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)]
9. A copy of this Water Quality Certification shall be always maintained on the construction site. 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)]
10. 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]
11. 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.
12. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
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)]
13. 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 02H.0506(b)(3) and (c)(3)]
14. 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)]
15. 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 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.
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
919.707.9000
DocuSign Envelope ID: C77ACFB4-E90D-4CEA-A683-17920C224230
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.
16. 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)]
17. 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)]
18. 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)]
19. 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)]
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.
15A NCAC 02H. 0506(b)(3)]
21. 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
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
919.707.9000
DocuSign Envelope ID: C77ACFB4-E90D-4CEA-A683-17920C224230
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 150B-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Mary Plummer at 704-235-2193 or mary_plummer(a)deq.nc. og_v if you have any questions or
concerns.
egtred by:
4F4DD F21EA846E...
Richar E. Rogers Jr., Director
Division of Water Resources
Electronic copy only distribution:
Steve Brumagin, US Army Corps of Engineers, Charlotte Field Office
Rebekah Reid, US Fish and Wildlife Service
David McHenry, NC Wildlife Resources Commission
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
jgAN-3 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C77ACFB4-E90D-4CEA-A683-17920C224230
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrector
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
Date of Issuance of 401 Water Quality Certification:
County:
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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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
Permttee 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
Registration No.
Completed hard copies can be emailed to kristilynn.c4Menter@deq.nc.gov or mailed to:
NCDEQ Transportation Permitting
1617 Mail Service Center
Raleigh NC 27699-1617
DENorth Carolina Department of Environmental Quality I Division of Water Resources
..�+' 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000