HomeMy WebLinkAbout20160006 Ver 1_Approval Letter_20160208Water Resources
ENVIRONMENTAL OUALITY
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February 8, 2016
Person County
NCDWR Project No. 20160006
Bridge 142 on SR 1547
State Project No. 17BP.S.R.55
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. J. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replace Bridge 142 in Person County:
Site
Total
Stream [mp
Riprap Stabilization to Perennial
______Stream (linear ft)
50
Total Stream Impact for Project: 50 linear feet.
in the Roanoke River Basin
Temporary Fill in Perennial Total Stream Impact
___ Stream �inear ftl______ _____ llinear ft) __
42 (Concurrent)
50
The project shall be constructed in accordance with your application received December 18, 2015. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3883. This certification corresponds to the Natiowide Permit 3 issued by the Corps of Engineers. [n 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 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 remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
I. The post-construction removal of any temporary bridge structures must return the project site to iis
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
[15A NCAC 02H .0506(b)(2)]
State of North Carolina Envirom�ental Quality i Warer kesources
i617 Mail Service Center, Raleigh. North Carolina 2i699-to i 7
Phone:9?9-807-6300
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 ISA 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. Please refer to the most current version of Stormwater Best Management Practices. [ 1 SA
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. [ I SA 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. [f 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]
8. 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. [ l5A NCAC 02H.0506(b)(2)]
9. 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)]
10. The use of rir�-rap ahove the Nnrmal Nigh Water �vlark sha!l be minimized. Any r�p-ran placed fer stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. � I SA
NCAC 02H.0506(b)(2)]
11. 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)]
12. All work in or adjacent to stream waters shall be conducted in a dry wark 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. [ l5A NCAC
02H.0506(b)(3) and (c)(3)]
13. 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)]
14. 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. [ I SA NCAC
02H.0506(b)(3)]
15. 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)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohib�ted. [ I SA TJLAC 02H.U�06(b)(3)j
17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [n addition, the
Wat�r Quality Ce�ification and all subsequent �nodifications, if any, shall be maintain�d with the Divisi�rn Engineer and
the on-sir_e project rnanager. [ i SA NCAC 02N .Oi07(c) and 1 SA NCAC 02�H .0_5�6 (hl(2j and (c)(2)]
18. 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 fi303(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. [ I SA
NCAC 02B.0200]
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shali be cleariy marked 'oy highiy visible fencing prior to any land disturbing ac�ivities. impacts to areas within tne
fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.OSOI and .0502]
20. 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.
21. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [ISA NCAC 02B.0506(b)(2)]
22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall comnlete 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(�]
23. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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)]
24. 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)(31 and (c)(3)
25. 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 Caro[ina Sedrment and Erosion
Control Plannin� 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 tifunual. 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 ofi the North Carolrna 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.
26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [ I SA NCAC 02H.0506(b)(3) and (c)(3)
If you wish to contest any statement in the attached Certitication you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Administrative Hearings.
The petitian may ne faxed-provided the original and one copy of the ducument is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
. �
�
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
File Copy
Water Resources
LNVIRONMENTAL �U�u � Y
NCDWR Project No.:
Applicant:
Project IYame:
Date of Issuance of 401 Water Quality Certification:
COUflij':
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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 NCCWR by the applicant, the applicant's authorized agent, or the project zng�neer. It is not
necessary to send certificates from all of these.
Applicunt's Certificutio�r
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.
�ignature: Date:
Ag�nt'.s Certrfi�a:ion
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 Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certiftcation
Partial Final
f, , 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
Date
Registration No.
�tate of North Carolina IGm ironmental Qualih I Water kesources
1617 Mail Service Cenler. Raleiyh. Noi1h Carolina 2i699-1617
Phone:919-b07-6300