HomeMy WebLinkAbout20170311 Ver 1_Approval Letter_20170412ROY COOPER
c;orrrnor
MICHAEL S. REGAN
Xenxain,�
Environn2ental S. JAY ZIMMERMAN
ub�rcroi�
QUQllfy
April 12, 2017
Rowan County
NCDWR Project No. 2017031 I
Bridge 184 on SR 2333
WBS Project No. 17BP.9.R.62
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss, Environmental Officer
NCDOT, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with the conditions Iisted below, for the followine impacts for the purpose of
replacing Bridge 184 with a triple-barrel reinforced conerete box culvert in Rowan County:
Site
Totals
Stream Im acts in [he Yadkin Pee Dee River I3asin
Permanent Temporary
Temporary Fill in Permanent Fill in Fill in Fill in
Perennial Stream Perennial Stream Intermittent IntermittenY
Qinear fq (linear f[) Stream Stream
linear ft linear ft
Dewater Culvert Bank
Stabilization
23 JI 62 - -
23 4I 62
To[al Stream ImpaM for Project 126 linear feet
Total Stream
Stream �mpacts
Impact Requiring
Qinear ft) Mitigxtion
(linear fQ
The project shall be construc[ed in accordance witli your application dated March 20, 2017. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certitication Number 4088.
This certification comesponds to Nationwide Permi[ 14 issued by the Corps of Engineers. In addi[ion, you should
acquire any other federal, state ur local permits before you proceed with your project including (but no[ limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanyina 404 permit.
This approval is valid solety for the purpose and design described in your application (unless moditied below).
Should your project change, you must notify the NCDW R and submit a new applica[ion. If the property is sold, the
new owner must be given a copy of [his Certification and approval letter, and is thereby responsiblz for complyina
with al I the conditions. If total wedand f Ils for this project (now or in the future) exceed one acre, or of rotal
impacts ro streams (now or in the fumre) exceed I50 linear feet, compensatory miti;ation may be required as
described in I SA NCAC 2H .OS06 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions lisred in the attached certification(s) and any additional conditions listed below.
'"Nothing Compares - _
$ta[z of Notlh Carolina � Emironmental Qualiry
1617 Mail Service Can[zr I Raleigh. North Carolina 27699-1617
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 Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
2. The culvert shall be designed to mimic natural stream cross section as closely as possible including 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 thatrequires increased maintenance and disrupts aquatic life passage. [15A NCAC 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 23 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 far 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)]
6. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification
(Number 4088) will be waived per request of the permittee. [15A NCAC 02H.0506]
7. 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. 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. 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 ar 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. [15A NCAC 02H.0506(b)(2)]
General Conditions
1. 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]
2. 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)]
3. 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)]
4. 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)]
5. 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)]
6. 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)] "
7. 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)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
12. 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)]
13. 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)]
14. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing or flagging 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]
15. 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.
16. The Permittee shall report any violations of this certifcation to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or appointee) 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]
18. 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(3)]
19. 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)]
20. 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 CaroJrna Sedrment and Erosion Control
Planning and Design Manua/.
b. The desigq installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requ'vements specified in the most recent version of the North Caro[ina
Sediment and Erosion Control Manua(. The devices shall be maintained on all consuuction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased bortow pits associated wi[h 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 Minrng Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Conhol Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved 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 Heazings 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 nortnal office hours. The Office of
Administrative Heazings accepts filings Monday tivough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (]) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be fa7ced-provided the original and one copy of the document is received by the Office of
Adminishative 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 Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov.
Sincerely,
��-��- ��,
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Envir'onmen fci!
Quality
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
rn,�-<��„�,��
MICHAEL S. REGAN
S, crrrun �
S. JAY ZIMMERMAN
r�r��.-� �, ���
Certificate of Comple[ion
Upon completion of all work approved within the 40l Wa[er Quality Certification or applicable Buffer Rules, and
any subsequent inodifications, thz applican[ is required to retum this certificate to [he 401 Transportation Pertnitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cenrer, Raleigh, NC, 27699-1617. This form
may be returned ro NCDWR by [he applicant, the applicanYs au[horized agen[, or the project en�ineer. If is not
necessary to send certificates from all of these.
Applicnn!'s Cerlificalion
�, , 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 inrent of the 401 Warer Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Sfgnature: Date:
AgeiiYs Certificalion
�, , hereby state that, to the best of my abilities, due care and dilieence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, [he approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Cerlifieution
Partial Final
�, , as a duly registered Professional Engineer in tlie State of North
Carolina, having been au[horized to observe (periodically, weekly, full [ime) the construction ofthe project for the
Pemiittee hereby state that, to the best of my abilities, due care and diligence was used in the o6servation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and specitications, and other supportin� materials.
Signa[ure
Dace
Registra[ion No.
�'Nothing Compares .- _
Statz o(Nonh Carolina I Environmental Quatity
1617 Mail Servitt Cznter � Raleigh. North Camlina'_7699-1617