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Home My WebLink About20170378 Ver 1_Approval Letter_20170410Environm en ta I Quality ROY COOPER Gore,�nur MICHAEL S. REGAN .ti'eo�emrt� S. JAY ZIMMERMAN t�;��•n„�� April 10, 2017 Cumberland County NCDWR Project No. 20170378 (Bridge250453 on) SR I 141 APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS Mr ]im Rerko, DEO NCDOT, Division 6 PO [iox 1 150 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 a culvert with a bridge in Cumberland County: Stream Imnac[s in theCaoe Fear River Basin Perrtwncnt Fill Tem�nrary FII Pcrmanent Fill 7'cm�xirary FII Stream Impacts Totrl Stream Site �n Intcrmittent in Intermittent in Perennial in Pcrennial �m �� Requiring titream Stream Stream ltrcam (�� Mitigation (linear ft) (lincar fr) (lincar k) Qinear ft) (linear ft) Bank Stabil'vation underbridge TOTAL Site to 112 0 � 0 � 112 � To[al Stream Impact Por Projech 112 linear fee[. I1 I 123 Wetland Impacts in theCape Fear River Basin F�� Ercavation Mechanized Fland Fill (ac) (temporary) �ac) Clearing (ac) Clearing (ac) (ac) 0.01 0.01 0.01 0.00 0.00 0.01 0.00 To[al Wetland Impact for ProjecL• 0.02 acres. - %'Nothing Compares"- .- State of Nonh Carolina I�mironmzntal Qualiry 1617 Mail Service Center I Raleigh. Nonh Carolina 27599-1617 Totvl Wetland 0.0'_ 0.02 112 ImFracts Requiring Open Water Impacts in the Cape Fear River Basin Permanent Fill in Temporary Ftill in Total �11 in Open Site O n Waters ac O n Waters ac Waters ac Sta 13+93 to 16+29 0.06 0.01 0.07 TOTAL 0.06 0.01 0.07 Total Open Water Impact for Project:0.06 acres. The project shall be constructed in accordance with your application dated received March 14, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4088. 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 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 1. 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. To meet the requirements of NCDOT's NPDES pertnit NCS0000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. 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) 3. 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) 4. 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)] General Conditions 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)] 6. If concrete is used during construction, a dry work area shall be maintained to prevent direot 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] 7. 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)] 8. 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)] 9. 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)] � 10. 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)] 11. All wark 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)] 12. 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)] ' 13. 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)] 14. 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)] 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 §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] 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 (�)(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.0501 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. [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. [15A NCAC 02H.0502( fl] 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.0231(a)(6)] 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, 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. 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 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. 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 Departrnent of Envirorunental Quality 1601 Mail Service Center This letter completes the review of the Division of Wa[er 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. incerely, � N S. y Zimmerman, D'uector Division of Water Resources Electronic copy only distribution: Liz Hair, US Army Corps of Engineers, Wilmington Field Office Gary Jordao, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office File Copy En viron men ta I QUQ/f tY NCDWR Nroject No.: Applican[: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER �;�,��„�„�� MICHAEL S. REGAN c<<��,-r�r�� S. JAY ZIMMERMAN U�rr�Tnr Cer[ificate of Completion Upon completion of'all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent moditicatiuns, the applicant is required to retum this certificate to the 401 Transponation Permitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Ralei2h, NC, 27699-1617. This form may be remrned 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'.c Cerlifrcalion l, , hereby s[a[e tha[, to the best of my abilities, due care and diliaence was used in the observation of [he construc[ion such that Ihe construc[ion was observed [o 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. Si�namre: Dare: AgenYs Certrfica6on I, , hereby stafe [ha[, [o Ihe best of my abilities, due care and dili�ence was used in the observation of [he construc[ion such [hat [he cons[ruction was observed to be built within subs[antial compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifica[ions, and other supportine materials. Signature: Engirieer's Certrfication Partial Final 1, , as a duly reeistered Professional Engineer in the State of North Carolina, havino been authorized to observe (periodically, weekly, full time) the cons[ruction oPthe projec[ for [he Permittee hereby s[ate that, ro[he 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 Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre Date Re�istration No. - �"Nothing Com}�ares "- .. Statc ol'Nonh Carolina � Environmen[al Quali�y 16I7 Maii Service Center I Raleigh. North Carohna 27699-1617