HomeMy WebLinkAbout20170414 Ver 1_Approval Letter_20170425ROY COOPER
l;orrrnur
MICHAEL S. REGAN
.\<-<v�rvu�r
Environmenlu( S. JAY ZIMMERMAN
UD�ertor
Quality
April 25, 2017
Rowan County
NCDWR Project No. 20170414
Bridge 300 on SR 1346
WBS Project No. 17BP.9.R.61
APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS
Ms. Amv Euliss, Environmen[al Officer
NCDOT, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with the conditions listed below, for the following impacts for replacing
Bridge 300 with a new bridge on Scercy Road in Rowan Counry:
Permanent Fill in
Site O �en Waters (ac
Bank Stabilization
ee Dee River Basin
Temporary Fill in
Bridge llemoli[ion
< 0.01
Total Open Water Impact for Project: <0.02 Acres
Total Fill in Open
Wa[ers (ac)
< 0.02
The project shall be constructed in accordance with your application dated April 6, 2017. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Numbers 4085
and 4094. These certitica[ions correspond to Nationwide Permit 13 and 33 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 [o) Sediment and Grosion Control, Non-Discharge and Water Supply Wa[ershed regulations. This
approval will expire wi[h the accompanying 404 pennit.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCD W R and submit a new applica[ion. If the property is sold, [he
new owner mus[ be eiven a copy of [his Certitica[ion and approval letter, and is thereby responsible for complying
with all the conditions. If toTal wetland fills for [his projec[ (now or in the future) exceed one acre, or of to[al
impacts ro streams (now or in the future) exceed I�0 linear feet, compensatory miti�ation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). for this approval to remain valid, you mus[ adhere to [he
conditions Iisred in the attached certitication(s) and any additional conditions listed below.
T"Nothing Compares :- �
Sta[e of North Carolina � Environmental Qualiry
1617 Mail Service Center I Raleigh, Nonh 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. 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 permit NCS000250, please refer to
the most recent version of the North Carolina Deparhnent of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
3. This project impacts waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW); therefore, stormwater shall be directed to vegetated bufFer areas, grass-lined ditches or other
means appropriate to the site for pre-treating storm water runoff prior to discharging directly into streams.
4. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO 10000. Please note the extra protections for the sensitive watersheds.
5. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification
(Numbers 4085 and 4094) will be waived per request of the permittee. [15A NCAC 02H.0506]
General Conditions
1. 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)]
2. 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]
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 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 and streams shall be restored to natural geomorphic 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 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)]
6. The Permittee shall ensure that the fnal 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)]
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 excavation in flowing water. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
8. 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)]
9. 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)]
10. 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)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [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 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]
13. 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)]
14. 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)]
15. 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]
16. 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.
17.� 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)]
18. 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]
19. 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)]
20. 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)]
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 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 Erosron Control
Plannrng and Design Manua/.
b. The desig�, 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 Caro[ina
Sedrment and Erosion Contro! Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including wntractor-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 Mrnrng Manual.
d. The redamation 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 no[ be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(bx3) and (cx3)]
If you wish to con[est 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 Administra[ive 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 nortnal office hours. The Office of
Administrarive 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.
T'he pe[ition may be faued-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) 4313000, 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 Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Ac[. If you
have any quesNons, please contact Dave Wanucha at (336)7'76-9'103 or Dave.Wanucha@ncdenr.gov.
incerely,
� �W
S. Ja immerman, tor
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Mazella Buncick, US Fish and Wildlife Service
Mazla Chambers, NC Wildlife Resources Commission
File Copy
Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Wa[er Quality CertiPcation:
County:
ROY COOPER
Lovrrm,r
MICHAEL S. REGAN
�r<, �•i�,� �
S. JAY ZIMMERMAN
n«1����» �
Certificate of Comple[ion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable But%r Rules, and
any subsequent modifications, the applicant is required to remrn this certificare to the 401 Transportation Permitting
Unit. North Carolina Division of Water Resources, 1617 Mail Service Center, Raleieh, NC, 27699-I617. This form
may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineec It is not
necessary to send certificates from all of these.
ApplicanPs Cer�ifrca�ion
I, , hereby stare 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 intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Da[e:
AgenPs Certification
1, , hereby state that, to the best of my abiiities, 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 Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and o[her supporting materials.
Sienature:
Engineer's Cerlifreu�ion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the consvuction of the project for the
Permittee hereby state tliaL [o the best of my abilities, due care and diligence was used in [he observation of the
construction such that the construction was observed to be buil[ wi[hin substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
- "'Nothing Compares :- .-
State of North Carolina I Environmental Quality
I617 Mail Szrvice Czntar I Raleigh. Nonh Carolina.76�-1617