HomeMy WebLinkAbout20160525 Ver 1_Approval Letter_20160705Water Resources
ENVIRONMENTA� OUALITY
PAT MCCRORY
Guvernor
DONALD R. VAN DER VAART
J'ecrelaYv
S. JAY ZIMMERMAN
Uirecfor
July 5, 2016
Duplin County
NCDWR Project No. 20160525
Bridge 300278 on SR 1715
State project No. 17BP.3.R.38
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
NCDOT, Division 3
Karen Collette, P.E., Division Engineer
5501 Barbados Blvd.
Castle Hayne, NC 28429
Dear Ms. Collette:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing bridge 278 with (2 at 12.0' X 6.0' X 36'in length) Reinforced Concrete Box Culvert (RCBC) on SR 1715
in Duplin County:
Stream Impacts in the Cape Fear River Basin
Permanent Temporary Permanen Temporar Total Stream
Fill in Fill in t Fill in y Fill in Stream [mpacts
Site Station Intermitten Intermittent Perennial Perennial Impact Requiring
t Stream Stream Stream Stream (linear Mitigation
linear ft linear ft linear ft linear ft ft linear ft
1 STA ] 2+22.56 to S"I'A 13+48.09 3 6 3 6
1 Bank Stabilization 70 70
1 Dewaterin 6 6
0 0
TOTAL 0 0 106 6 112 0
Total Stream Impacts for Project 112 Linear Feet
State of North Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:919-807-6300
NC DOT- Division 3
Attn: Karen Collette, P.E.
DWR Permit # 20160525
1 July 2016
Page 2 of 7
Wetland Impacts for the Cape Fear River Basin
Fill Mechanized Hand Total pac s
Site Fill (ac) (temporary) Excavation Clearing Clearing Wetland Requiring
(ac) Mitigation
(ac) (ac) (ac) Impact (ac)
Wl <0.01 0.00 0.00
W2 0.01 0.01 0.00
W3 0.02 0.02 0.00
W4 � 0.00 0.00
WS 0.03 0.03 0.00
W6 0.03 0.03 0.00
Total 0.04 0.02 0.00 0.00 0.03 0.09 0.00
Total Wetland Impact for Project: 0.09 acres.
The project shall be constructed in accordance with your application dated received 25 May 2016. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 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 flls 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.
Condition(s) of Certification:
Project Specific Conditions
In accordance with commitments made in your application, all clearing of vegetation within
jurisdictional wetlands shall be performed without the use of inechanized equipment. [15A NCAC
02H.0506(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)] �
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 the NCDWR. If this condition is unable to be
met due to bedrock or other limiting features encountered during construction, please contact the
NC DOT- Division 3
Attn: Karen Collette, P.E.
DWR Permit # 20160525
1 July 2016
Page 3 of 7
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)]
4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
5. 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)]
6. For the 6(six) linear feet of 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)]
7. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
8. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be
used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and
on disturbed steep slopes with the following exception. Erosion control matting is not necessary if
the area is contained by perimeter erosion control devices such as silt fence, temporary sediment
ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible,
live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon
mesh grid, which can impinge and entrap small animals. For the establishment of temporary
groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch
applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction
with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into
surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of
stream bank.
9. 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
10. 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)]
NC DOT- Division 3
Attn: Karen Collette, P.E.
DWR Permit # 20160525
1 July 2016
Page 4 of 7
11. 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]
12. 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)]
13. 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)]
14. 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)]
15. 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
i�x2)�
16. 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)]
17. 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)J
18. 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)]
19. 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)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
21. 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]
22. 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)]
23. 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)]
NC DOT- Division 3
Attn: Karen Collette, P.E.
DWR Permit # 20160525
1 July 2016
Page 5 of 7
24. 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]
25. 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.
26. 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)]
27. 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(�]
28. 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
2H.0506(b)(2)]
29. 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)]
30. 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.
31. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at the
site, they shall be removed and the natural grade restored upon completion of the project. [15A NCAC
02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification 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 (1) copy of the petition must be filed with the Office of
Administrative Hearings.
NC DOT- Division 3
Attn: Karen Collette, P.E.
DWR Permit # 20160525
1 July 2016
Page 6 of 7
The petition may be faxed-provided the original and one copy of the document 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 Joanne Steenhuis at (910) 796-7306 or Joanne.Steenhuis@ncdenr.gov.
Sincerely,
�� 1.
S. Jay Zimmerman, Director
Division of Water Resources
Attachments —Permit Drawing Sheets 1-5
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Heather Smith, Ecological Engineering, LLP, Consultant
Mason Herndon, Division 3 Environmental Officer
Trevor K. Carroll, Division 3 Bridge Maintenance Engineer
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Joanne Steenhuis, NC Division of Water Resources WiRO
File Copy
Warer Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
c;��vem�,�
DONALD R. VAN DER VAART
.�('L'7'C'l(7Pl'
S. JAY Z[MMERMAN
l hl'eCL�r
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
1, , 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
Date
Registration No.
State of North Carolina �Environmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone.919-807-6300