HomeMy WebLinkAbout20161105 Ver 1_Approval Letter_20161202Environmen ta!
Quality
PAT MCCRORY
� ,����.��,.i
I)ONALD R. VAN DER VAART
sc<reiary
JAY ZIMMERMAN
���vic ���R�«�
December 2, 2016
Davidson Ceuniy
NCDWR Projec[ Nu. 201b1105
Bridge 9g on SR 1838
WBS Pr�ject No. 17BP.9. R.62
APPROVAL of 401 W.4TF.R QUALITY CERTIFICATION wikh ADDITIONAL CONDITIONS
Ms. Amy Euii;s
NCDOT, Division 9 EnvironmenWl O�cer
�7> Silas Geek Parkway
Wins[on Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in acwrdance wi[h the conditions listed below, for [he following impacts for the purpose of
replacing Bridge 95 on Lake Leonard Road (SR 183R) over Leonard Creek in Davidson County with a double barrel
box cu!vert.
Perma.�eni I�ill ie
Perenuial Slream
Site
Culvert RipRap
I 51 73
Totals Si � 73
Temporarv Fill in
Percnnial Strcam
(linear ft)
Dewatering
26
----Z6--
Total Stream Impac[ for Project• ISO linear feet.
Tulai Strearn
Impac[
(li�iear ft)
I50
S[ream Impacts
Reqciring
Mitigation
Qincar ftj
The project shall be constructed in accordance with your application dated received Novzmber 8, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 38R6. This certification corresponds ro the Na[ionwide Permit 14 issued by the Corps of Engineers. In
zddition, you should acquire any othcr federal, state or local permits before you proczed with your project i�cluding
(but not limited [o) Sedimen[ and Erosion Control, NomDischarge and Water Supply Wa[ershed regulations. This
approval will expire wi[h [he aceompanying 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 no[ify the NCDW R and submit a new appGcation. If the proper[y is sold, [he
new owner must be given a copy of this Certitication and approval letter, and is thereby responsible for complying
with ali the conditiors. If Cotal we[land fiils for Ihis project (noev or in the fumre) exceed one acre, or of total
impacis to streams (now or in the fuW:e) exceed I50 linear fee[, compensatory mitigation may be required as
descr6ed in ! SA NCA� 2H .0505 !h; (61 and { i), For rhis approva! to remain ��zlid, you muai adhe:e rA the
conditions Iisted in the attached certifica[ion(s) and any additional conditions listed below.
- '�"Nothing Comparcs'-�
S;n[a ofNo�rh Camiina'i [nvirunmeutal Q�aliry
i511 Msil Servire Ceare'; I F,r.leigh, No7h Camli�iA 27E99-I51 !
9!4-'p7 ��IDO
Condition(s) oi Certification:
Project Specific Conditions
1. As a condition of this 40 ] Water Quality Certification, the bridge d�molition and coast:-uction must be
accemplished in strict complianca �vith tl:e mcst recer.t version ofNCDOT's Best T�4anagement P:actices
for Consiruction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
2. 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/er sills where appropriate.
Widening the strear.i channel should be avoided. Stream channel widening at the inlet or outlet end of
structi:c�es ty�Yically decreases waier velocity causing sediment deposi�ion that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
3. :Ziprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes zquatic life �assage. Bioengineering boulders or structures shoulci be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
4. For the 26 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 j(;!)]
General Conditions
-Unless othenrise approved in this certifcation, placemert of culverts and .^,ther st_ructures in open waters
and strPams 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 t�an 48 inches, to ailow low flow passage of water and aquatic life. Design and p;acament of
culverts and other structw•es 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 a�ove sh-uctures. The applicant is required to provide evidence that ±he
eauilibrium is being mainta�ned if requested in writing by NCDWR. If this condition is unahle to be met
due to bedrock or other limiting feahues 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)]
2. If concrete is used duruig construction, a diy 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'�ills. [15A rdC��C C2B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian bufters. [15A NCAC 02H.0506(b)(2)]
4. The dimensio�i, partern and profile of the stream above and below the crossing sli�ll not be �nodified.
Disri�r��ed f oodFlu�r�s a;�c� s�reams s�-�all b� restored to 7ataral ;eomo;pric ccndi�ions. [l �� N�AC
02H.0506(b)(2)] "
�. T:ia �se of rip-rap abc�ve the Nornia� Hi�h VVate�• M�rk sha11 �ie mLnimice�?. Any rip-rap �lared ;or
streat�l stabilizztion shall b:. �laced in st3-eam channels in such a maimer that it does not impede
aquatic life passage. [15A NCAC 02H.0505(b)(2)1
0
- - - �- - 6.- T'he Fermittee shall•ensure that t:�e fmal 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
(�)t2)l
7. 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
.. _ � � � ,exca�ntion in flow�ing watcr. [ISA NCAC Q2H.05�6(bj(3) and (c)�3)]
.�... : _.. :: 8. ._��ea�y_equipment shall.tse onerated from thz banks rather than in th� stream channel in order to
-- � �- - �°- m:nimize sedimentation and reduce the introductian cf other pollatants into the stream. [ 15� NCAC
02H.OSU6(b)(3}] �
9. All mechanized equipment oper�ted near surface waters must be xegularly inspected and maintained to
- • preven� contaminaticn �f strea.'n-waters fr�m iuels, lubricants, hydraulic fluids, or other toxic r.iaterials.
[15A NCAC 02H.0506(b)(3)]
- - , 10. . No rock, sand or other materials shall� be dredged from the stream channel except where autharized by this
certification. [15A NCAC 02H.0506(b)(3)] •
°�� _�- � -• 1li1. Discharging hydr�seed, mixtures ° and washling out hydroseeders and other equipment in or adjacznt to
.._ ._ . s�irface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
_... _.. .. _ 12. 'Tb.e 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) ofthe 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 condiiions are necessary to assure compliance,
� ��� `�the NCDWR may reevaluate and modify this certification. [15A NCAC 02B4O200]
::_.. _. 13.: Ali fill slopes _iocated in. jurisclicfional wetlands shaD be placed at slopes no flaiter than 3:1; unl�ss
--''otherwise authorized'oy this certification. [iSA NCAC 01HASOo('o)(�)]
. _ - , - - . - . . . . - . . -14. - P_- copy� of this .V�Iater Quality -Certification shal? be maintained on tr.e construction site at all times. In
.._, .. .. -.. addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
-- ~� �• � • the�Division Enguieer and the on-siie project manager. [15A NCAC 02H .0507(c) and i5A NCAC 02H
.0506 (l�)(2) and (c)(2)] • . _
. ._ -_ ].5. The ou:side buffer,:wetland or water bounda.ry located within.the cons�ruction corridor approved by this
. ,._ _, ._ authorization.shall<he clearly.marked by highly visible fencing or flagging prior to any land disturbing
•� . activities. Impacts .fo �areas within the fencing are prohibi±Pd unless otherwise authorized �y this
certification. [15A NCAC 02H.0501 and .0502]
• Lf
The issuance of thi� certification does not exempt the Permittee from complying with �ny and all statutes,
rules, regulatians, or ordinances that may be imposed by other government agencies (i.e. Iocal, state, and
federal) having jurisdiction, including but not Iimited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
1.7. �'The Pe:mittee -shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)] '
._ .- .._.: _. .�8.-. �Juon completion_of t'r�e pr�ject (including any itnpacis nt associated:borrow or waste sites), the NGDOT
� .._ _, _ _ . .. _ _ . .Division Fngineer- (or appoin#ee) shali comnlete and return the enclosed "Cer�ification of C�mpl�tion
: , ; _ � rcr:r:".to n�ti� �re I�TC�`�J.R :.�:li�r. al: i+VOY� 11i;�11L�El� i11 i116 �Q S �e��i;fc�.ticti has beejl comF1_eted. i 1�A
� NCAC 02H.OSU2( fl]
_... .... ..-. ,.� i�.. : N�tiv�• riearian vebelatien rrinst'ne reesiarlis?�ed in the ripari�n areas wittiin t�� c•�nsn•ucti�lr limi�s of±.iie
_ _. .- -�_ p�•��ect- by,�the en� of �he �r�w:�� s�aso� foilov�uig compl�ti�n of cansh-!ictien. [15A N�'�C
02H.506(bl(3)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modificatioa Should waste or botrow sites, or access roads to waste
or borrow sites, be lc�cated 'u� wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[ 15A NCAC 02H.0506(bx3) and (cx3)]
21. 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
proteat surface waters stzndazds [15A NCAC 02H.OSC6(bx3) and (c)(3 j):
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 Sedimenr and
Erosion Conhol Planning and �esign Marrua[.
b. T'he design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requicements specified in the most recent version of the
North Carolrna Sedinrent and Erosion Control Manual. The devices shall be maintained on :il!
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 emsion and sediment control measures must be designed, installed
operated, and maintained in accordance with the most recent version of [he 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless othenvise
approved by this Certificatioa [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 adminisira6ve
hearing. You may obtain the petition form from [he 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 Adminisirative Hearnigs 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 oti'iciai state holidays. The original a�id one (1) copy c�f the petition must be filed wiih the Office of
Adminishative Hearings.
The petition may be fa�ced-provided the ariginal and one copy of the documert is received by the O�ce of
Administrative Hearings wiUtin five (5) business days following the fased Vansmission.
The mailing address for the Office of Administrative Heazings is:
Office of Administrazive Heazings
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 quesNons, please contact Dave Wanucha at (336)776-9703 or Dave. Wanucha(n�,ncdenr.gov.
Sincerely,
� ���� �'V" "-`��'
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy oniy distribution:
John Thomas, U� Army Corps of Engineers, Raleigh Field Gffice
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Environ men ta l
Quality
IYCDWR Project No.:
Applicant: __ __ _
Project Name:
Date of Issuance of 401 Water Quality Certification:
Coanty:
PAI'MCCRORY
, � �
DONALI) R. VAN DfiR VAART
�e, en, �
JAY ZIMMERMAN
I ���yd Gue.-ie.r
Certificate of Completion
Upon complztion of all work approved within the 401 Water Quali[v Certificat'ron or applicablz Ruffer Rules, and
any subsequent modifica[ions. the applicart is required to return this certificate to the 4Q I Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed to NCDWR by the applicant, lhe applicant's au[hurized agent, or the projec:t angineer. it is not
necessary to send certificates from all of these.
.9pp(icanYs Certification
1, , hereby s[a[e tha[, [o the best of my abili[ies, due care and diligence
was used in the observation of the construction such that the construction was observed to be built wi[hin substantial
compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and
specifications, and o[her supporting materials.
�ignatcre: Date:
Agen!'s Cnriificminn
f. , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such tha[ the construction was observed ro be built within substantial
compliance and inten! oFthe 401 �Vxter Quality Certification and Buffer Rules', the approved plans and
specificarions, and other snonorting marerials.
Signa[ore:
Engineer's Certifiea�ion
Partial Final
Dare:
I, , as a duly registe:ed Professional Engineer in the S:ate of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project fer the
Permittee hereby state that, to the best of my abilities, due care and diligence was used m the observation of the
consh'uc[ion such Ihat Ihe construction was observed to be built wilhin substantial compliance and intent ofthe 401
Water Qualiry Certification and But%r Rules, the approved plans and specifications, and other supporting materials.
Signa[urz
Uaiz
Registration No.
�'Nothing Compares'-_
State ofNorth Carolica; ErrvirnmenffiI QuaLry
161 I Pduil Service Center i, RaLivh, tiorth l'arolira 776°4-�dI I
91'�-'0�-4�^;G