HomeMy WebLinkAbout20161016 Ver 1_Approval Letter_20161108l'
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Water Resour� eo
ENVIRONMENT/L OUAIITY
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
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November 8, 2016
Columbus County
NCDWR Project No.20161016
(Bridge No. 230175 over Dunn
Swamp) on SR 1504 (Princess Ann
Rd.)
NC DOT Projeci No.178P.6.R.63
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Jim Rerko, Division Environmental Officer
NCDOT, Division 6
PO Box 1150
Fayetteville, NC 28302
Dear Mr. Rerko:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing bridge 230175 on SR 1504 (Princess Ann Road) over Dunn Swamp in Columbus County:
Wetland Impacts in the Lumber River Basin
Wetland ���� kicaration Mechanized Hand Total Im�racts
Sife T�� Fill (ac) (temporary) �a�) Clearing Clearing Wetland Requiring
(ac) (ac) (ac) Impact (ac) Mitigation (ac)
I R 0.03 0.01 0.04 O.OA
0.00 0. W
0.00 0.(�
O.W O.W
Total 0.03 0.00 0.00 0.01 OAU O.OJ 0.04
Total Wetland Impact for Project: 0.04 acres.
The project shall be constructed in accordance with your application dated received October 21, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water 4uality Certifcation
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 fills for this project (now or in the future) exceed one acre, or of total
Sta�e of North Cerolina IF nvironmemal Qunli�v I Warer Resources
ifii7 Mail Service Cemer, Raleiah, Nonh Carolina 27699-1fi17
Mr. Jim Rerko, Division Environmental Officer
NCDOT, Division 6
DWR Permit # 20161016
November 7, 2016
Page 2 of 6
�� •
impac[s 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 certif cation and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. 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 Prectices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
2. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (gressed swales, pre-formed scour holes,
vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES
permit NC50000250, please refer to the most recent version of the North Carolina Department of
Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [i5A
NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. 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)]
4. 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)
5. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge
and entrep small animals. Matting should be secured with staples, stakes, or wherever possible, live
stakes of native trees. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
[15A NCAC 02H.0506(b)(3) and (c)(3)]
Generel Conditions
6. 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 Iimiting 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)]
7. 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]
Mr. Jim Rerko, Division Environmental Officer
NCDOT, Division 6
DWR Permit # 20161016
�� November7,2016
Page 3 of 6
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. [15A 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 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)]
11. The Permittee shall ensure that the final design drewings 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 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)]
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 opereted near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydreulicfluids, or othertoxic materials. [15A
NCAC 02H.0506(b)(3)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
16.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 4303(d) of the Clean Water
Ad) 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 modifythis certification. [i5A NCAC 02B.0200]
17. 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)]
18. 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)]
19.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.0501and.0502]
Mr. Jim Rerko, Division Environmental Officer
NCDOT, Division 6
DWR Permit t! 20161016
November 7, 2016
Page 4 of 6
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. [15A 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 complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [i5A NCAC 02H.0502(f)]
23. 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.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)(3) 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, opereted,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Contro/ 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 Corolino 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 Corolina
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. [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 Administretive 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.
Mr. Jim Rerko, Division Environmental Officer
NCDOT, Division 6
DWR Permit # 20161016
Noverpber 7, 2016
` Page 5 of 6
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administretive Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administretive Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 4313000, Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, Generel Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 contad Joanne Steenhuis at 910.796.7306 or Joanne.Steenhuis@ncdenr.gov.
Sin�ely,
,�„ U ,�, .
S. Ja merman, Uirector �v j
Division of Water Resources
Eledronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington field Office
Gary Jordan, US Fish and Wildlife Service
Trevis Wilson, NC Wildlife Resources Commission
File Copy
Water Resourres
ENVIRONMENTFL �UAIITT
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance oT 40t Water Quality Certification:
County:
PAT MCCRORY
�
DONALD R. VAN DER VAART
v���.r��,,,�
S. JAY ZIMMERMAN
Umuc'mY
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 [his 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 remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not
necessary to send certificates from all of these.
Applican!'s Certlflcalion
I, , hereby state that, to the bes[ of my abilities, due care and diligence
was used in the observation of the construction such that the conswction 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:
Agenl's Certifieation
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 constraction was observed to be built wiChin substantial
compliance and in[ent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Cerlificalran
Partial Final
1, , as a duly regis[ered Professional Engineer in [he Sta[e 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
constroction 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 supporti�g materials.
Signature
Date
Registration No.
StateofNonhCarolinalFmironnienialQua6rv WeterResoo�ces
1617 Mail Service Cen(er. Rale�.gh. Notlh Camilna 2769&1617