HomeMy WebLinkAbout20161108 Ver 1_Approval Letter_20161202Environmen ta l
Quallty
PA7'MCCRORY
.I,.verr,o�
f)ONALD R VAN DER VAART
�e,:�eiaic
JAY "LIMMERMAN
(;�vl; L,irect,�i
December 2, 2016
Rowan County
NCDWR Fruject No. 20I61108
Bridge 188 on SR ?S64
W BS Project No. 178P.9. R.62
APPROVAL of 401 WATER QU.ALITY CERTIFICATION with 4DDITIONAL CONDITIONS
Ms. Amy Euliss
NCDOT, Division 9 Envircnmental Officer
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance wi[h the condi[ions listed below, for the following impac[s for [he purpose of
replacing Bridge I SS on Shive Road (SR 2564) over Second Creek in Rowan County wi[h a triple barrel box
culvert.
Stream I
Yermanent F ill in
Fereunial5treae� I
Sile i (linear ftj
Culvert I RipRap
I 53 88
Totals 53 SS
cts in the Yadkin Pee Dee I2i�er F3asin
Temporar�� Fil: in I Tetaf Strexm
Perennial Stream I pn iact
(:ioear tt) �
Dewatering I (�inear ft)
7'o[ai Stream Impact for Project: 202 linear feet.
61 � 202
61 202
Sr-ea �: 1 m p :cts
Requiring
Miiigation
(linear ft)
The project shall be construc[ed in accordance with your application da[ed received November I I, 2016. After
reviewing your application, we have decided that these impacts are covzred by General Water Quality Certification
Number 3886. This certification wrresponds to the Nationwide Permi[ 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, s[ate or local pertnits before you proceed with your project including
(5ut not Gmi[ed to) Sedirr,ent and Grosion Control, Non-Discharge and Water Supply Watershed regulations. This
approvai will expire wi[h [he accompanying 404 permit.
This approval is valid so!ely for the pi.rpose and design described ir. 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 fumre) exceed one acre, or of total
impacu to sireams (no�,� cr in the fuwre) excced 150 linear feet, compersatory mitigation may bc required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
cenditioes lisiad i� the aitaehad cenificatiur.fsi and ary additio�:al ccndi:i�n; listed be�ew.
'"Nothing Compares -- �
Siace ofNaxh Carolina i Envuumnental Quality
I;�11 Mall icrvice Cen;er'., Kvleigh, ,Vnrth Camli�s.S7hv9-I61 I
9I9-7p'_9;00
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 Managemer.t Practices
for Construction u.,d Main�enar.cz Activitiea. [] SA NCAC 02H .050?(d)(2) ar.� 15A NCAC 02H
.0506(b)(5)]
° 2. 'I'he cu�vert shall be rlesigned to mimic r.atural stream cross section as clasely 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 stnactures typically decreases water
velociiy causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
[15A I`T�AC 02H.0506(b)(2)]
3. 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)]
4. For the 51 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)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
Generai Conditions
-: 3. Jnless oti;erwise approved in tiiis certificaiiun, piacernet�� oi culve��ts a�id other structures in open waters atid
streams shall'�e placed below the elevatian.of the streambed by one foot for all culverts with a diamete� greater
than 48 inches, and 20 percent of the culvert �iameter for culverts having a diameter less than 48 inches, to allow
. low. flow passage of water and aquatic life. llesign and placement of culverts and other structures including
temporary erosion contrrol measures shall not'ue conducted in a ma�uier tiiat 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 oth�r limitir.g features encountered durinb construction,
*�lease contact NCDWR for guidance on how to nroceed and to determine wherher or not a permit modification
will be required. [15A NCAC 02H.0506(b)(2)]
2. .If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curir.g concrete and stream water. Water that inadvertently contacts un�ured 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]�
3. During thz construction of the projcct, no stagin� of e�uipment o: any kind is permitted in waters af the U.S.,
or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains an� srceams shall be restored to natural geamorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stceam
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
�15a rlca.c c2x.oso6����2��
5. Th� Fermittee shall ensnre that the f;nal design drawings adher� to the perniit and to the �ertr�it drawings
submitted far�arp; oval. � 15A NCAC 02H .0507(c) and ? SA NCAC 02H .0506 (�;)(2) an� (c)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
- t'r�e most current version of NCDOT Construction and ivlaintenance Activities mar�ual 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)]
8. Heavy equipment sha?1 be operatecl fram the banks rather than in the stream channel in order to miaimize
sedin:er.tati.cr_ and reduce t,'�e i�t�.cduct;en of ot�er pollutants into the sream. [15A NCA� C2H.05�6�b)(3)]
_ 9. All. mechanized equipment. cperated near� surface waters must be regiilarly ins�ecte� and rr�aintained to prevent
contaminatior, of strea�r. waters from :uels, lubricants, hydraulic fluids, or other taxic materials. [i5A PdCAC
02H.0506(b)(3)]
10. No rock, sand or other mate:ials shall be dredged from the stream channel ex:,ept where authorized by this
certification. [15A �l�AC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohi�ited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting fi•oni compliance with §303(d) of the Clean Water Act} and any
other appropriate requrements of S±ate and Feder�l 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]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized ny this certification. [15A NCAC 02H.0506(b)(2)]
14: E1 copy-of this Water QualiiyGertification shall be maintained on the construction site at all times. in addition, the
. Water Oualitv Certification and all subsequent. modifications, if any, shall be maintained with the Division rngineer
. and tne on-site projecf manager. [ 15A NCAC 02H .0507(c) and i5A NCAC 02Ii .u5�6 (b)(2) anci (c)(2)j
� 15. The outside buffe:, wetlaad or- vrater boundary located within ±he ccnstruction corridor approved by this
authorization shall be clearly marked .by highly visible fencing or flagging prior to any �and disturbing
-- � activi�ies.� Impacts io areas iviihin the fencing are proh�bited unless otherwise authorized by this cei�tificatioti. [15A
NCAC 02H.0501 and .0502]
16. The issua:�ce of this certifca±ion does not exempt the Permittee from cor.lplying with any and all stat�:tes, rules,
. regiilations, or ordinances that may be.ir_iposed by other government agencies (i.e. local, state, an� federal) having
- jurisdiction, ?ncludin� but not limited.to app?icable buffer rules, stormwater management rules, s�il erosion and
sedimentation control requirements, etc.
17. The Permittee shall report an}� violations of this certification to the Division of Water Resources within 24 hours
of discovery. [l SA NCAC 02�.OSGo'(b)(2)j
,. 18. Upon completion of the praject (including any impacts at associated borrow or waste sites), the NCDOT Division
Engli-�eer (or appoi�tee) shall complztz�and return the znclosed "Certification of Completion Forn" to iiotify the
NCDWR when all wark included in the 401 Certification has been com�leted. [15A NCAC 02H.0502(�]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by tlle end of.the gt•owing season following completion of consttuctiou. [15Ei NCAC 02H.306(b j(3)]
2C. Tnere sha11_ �e nc �.xca�ation �•�ir�, or wxs�e d:s�csal :nto, juris�?ivtiun�i weilanc':s a. waters ass��ciated w��ih ti is
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
constn�cti.oii ac�iviti�s.[iSEi N�'1zC Q2H.��506(b}�?) ar.c? tc)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standanls [15A NCAC 02H.0506(bx3) and (cx3]):
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 Manua[.
b. The design, installation, aperation, and maintenance of the sediment and erosion conuol measures mus[ ba
such that they eqcal, or exceed, the requirements specified in the most recent version of the North Carolrna
Sediment and Erarion Control Manaal. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spail) project;, including contractot-owned or leascd bortow pits associated wiih 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 U�e reclamation in accurdance with the
requ'vements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise apptoved by
this Certification. [15A NCAC 02H.0506(bX3) and (cx3)]
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 sixry (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 accepu filings Monday through Friday behveen 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
AdminisVative Hearings.
The pe[ition may be fa�ced-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 tmnsmission.
The mailing address for the Oftice of Administrative Hearings is:
Officc of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (91S) 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 Qualiry
1601 Mail Service Center
T'his letter completes the review of the Division of Water Resources under SecNon 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at (336)776-9703 or Dave. Wanucha@ncdenr.gov.
incerely,
��
S. Jay i merman, 'vecror
Division of Water Resources
Electronic copy only distribution:
John T'homas, US Army Co�ps of Engineers, Raleigti Field Office
Marzlla Buncick, US Fish and W ildlife Scrvice
Marla Chambers, NC W ildlife Resources Commission
File Copy
Environ m en ta (
Quality
NC'DW'R Project Nu.:
Applicant:
Project Name:
Date of Issuance nf 401 Watcr Quality Cert�fication:
County:
PA'I'MCCRURY
�>C)NAI.D It. VAN DER VAAR"I'
JAY ZIMMI?RMAN
, � �,
Certificate of Completion
Upon comple[ion of all wrn�k approved withio ihe 401 Water QualiTy �.ertifica[ion or applicable Buffer Rules, and
any subszque�t modifica:ions, the applicant is required to remm this certificate to [he 401 Transnortation Permitting
Unit, North Carolina Division of Wa[er Resources. I6U Mail Service Center, Raleigh, NC, 27699-1617. This form
may be re[urned to NCDWR by tlie applicant, the applicant's authorind agent. or �he prujeci engineec It is not
necessary [o send certificates f.•om al! of these.
Applicunt's Cerlification
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 in[ent of [he 401 Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and
specificx[ion's, and uUier supporting malerials.
Si�nat!ire: ---------- Da_te: ----
�lgent'v CerYificr.lion
I, , hereby state tha[, Yo Ihe bes[ of my abilities, due care and d•,ligence
was used in the observahon of the construction such that the construction was observed [o be built within substantial
compliance and in[ent oflhe 401 \Natzr Quality Certification and Buffer Rules, [he appro��ed plans and
specifications, and other supportine materials.
Signature:
Engineer's Certifrcatinn
Partial Final
I, , as a duly registered Professional En�ineer in the S:ate of North
Carolina, having been au?horized ro observe (periodically, �veekly, fi:ll time) [he construction of the project for [he
Permittee hereby sta[e [hat, to the best of my abilities, due care and diligence was used in [he observation of the
construction such tha[ lhe construction was nbserved to be built wilhin sub.tantial compliance anA intent uf Ihe 401
��'ater Quality Ce:tifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Da[e
Registration No.
�Nothinq Corrcpares - ,
Stale uf No;ih Carcliva I�-����romnentnl Qoahty
! 51 l Msil Servite i er.ler l daleie,h� P1arth Carohne :' 761 r-I G I i
oiG.vP? SUOp