HomeMy WebLinkAbout20170521 Ver 1_Approval Letter_20170501ROY COOPER
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MICHAEL S. REGAN
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Environmenlal S. JAY ZIMMERMAN
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Quality
May I.2017
Robeson County
NCDWR Project No.20U0521
(Brid�e 165 on 1-95
WBS 15006.078253
APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITION.4L CONDITIONS
Mc Greg Burns, P.E., Division 6 Engineer
NCDOT. Division 6
PO Box II50
Fayetteville, NC 28302
Dear Mc Bums:
You have our approval, in accordance wi[h the condi[ions listed below, for the following impacts for the purpose of
comple[in, emergency repairs [o Brid_e 780165's end bent in Robeson County:
Wetland Impacts in the Lumber River Basin
F��� Excavation Mechanized rya�� Total Im�racts
Site Fill (ac) (temporary) �ac) Clearing (ac) Clearing (ac) Wetland Requiring
(ac) Impect (ac) Mitigation (ac)
I access road 0.0G 0.0(i 0.00
0.00 0.00
Total 0.00 0.06 0.00 0.00 0.00 0.06 0.00
To[al Wetland Impac[ for Project: U acres.
Open Water Impac[s in the Lumber River Basin
Toh�l Open Water Impact for Projec[: 0.16 acres.
The project shall be construcced in accordance with your application dated received April 27, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Qualiry Certifica[ion Number
4088. This certification corresponds to the Nationwide Perniit 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 (bu[ not
'�`Nothinq Cnmpares - .
Statz o(Nonh Carolina I Gnvimnmemal Qualiry
1617 Mail Service Cen[er I Raltieh. Nonh Carolina 27699-1617
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 Certificat'ion 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
Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland
impact area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the
wetland areas temporarily impacted at the temporary access road. This update shall be conducted rivo
growing seasons after completion of the work at the temporary access road and shall consist of photographs
and a brief report on the progress of the areas in re-attaining wetland jurisdictional status. Upon submission
of this update to the NCDWR, the permittee shall schedule an agency field meeting with the NCDWR to
determine if the wetland areas temporarily impacted by this project have re-attained jurisdictional wetland
status.
2. Turbidity curtains shall be used to isolate all work areas from the stream at Little Marsh Swamp, for the
placement of riprap. Strict adherence to the Construction and Maintenance Best Management Practices
will be required. 15A NCAC 02H .0506 (b)(3) and (c)(3)
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)]
4. 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]
5. 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)]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. 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)]
11. 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)]
12. No rock, sand or other materials shall be dredged from the stxeam channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)] '
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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]
15. 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)]
16. 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)]
17. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing pr.ior 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]
18. 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.
19. 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)]
20. 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]
21. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the gowing season following completion of construction. [15A NCAC 02B.0231(a)(6)]
22. 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)]
23. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and opention and maintenance of such Best Management Practices in order to pmtect
surface waters standards [15A NCAC 02H.0506(bx3) and (cx3]):
a. T'he erosion and sediment control measures for the project must be desig�ed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sedrment and
Erosion Control Plannrng 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 Norrh Carolina Sediment and Erosron Conbol 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 redamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
24. Where placement of sediment and erosion control devices in wedands and/or waters is unavoidable for the
temporary access road, they shall be removed and the natural grade restored upon completion of the project.
[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 heazings. 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 accepu filings Monday ttvough Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one Q) copy of the petition must be filed with the Office of
Administrative Hearings.
T'he 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 Adminishative 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 Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any ques[ions, please contact Joanne Steenhuis at (910) 796-7306 or joanne.steenhus@ncdenr.gov.
Sincerely,
� �
S. Jay Zimmerm , Director
Division of Water Resources
Electronic copy only distribution:
Liz Ha'v, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Joanne Steenhuis, NC Division of Water Resources _Wilmington Regional Office
File Copy
Environmen tal
Qualiry
NCDWR Project No.: 20U0521
Applicanh NC DOT Division 6
Project Name: Bridge 780165 Stabilization
Countv: Robeson
Da[e of Issuance of �01 Wa[er Quality Certification: Ma�� I, 2017
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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Certifca[e of Comple[ion
Upon completion of all work approved within Ihe 401 Water Quality Certifica[ion or applicable But%r Rules, and
any subsequent modifica[ions. the applican[ is required m remm Ihis certiticate ro the 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applica�Ps authorized a�ent. or the project en�ineer. It is not
necessary to send certificares from all of these. �
Applicant'.s CertifrcrNion
I, , hereby state that, [o the best of my abilities, due care and dili;ence
was used in [he observation of the construc[ion such that [he construction was observed to 6e built wi[hin subs[antial
compliance and intent of the 401 Water Quality Certification and BuR'er Rules, tlie approved plans and
specifications, and other supporting materials.
Signature: _ Date:
AgenYs CerliJtcafion
I, . hereby state that, ro the best of my abilities, due care and dili�ence
was used in the observation of the construction such that die construction was observed ro be built within substantial
compliance and intent of the 401 Warer Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supportine ma[erials.
Sienature: Date:
Engineer's Certifica�ion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, havino been authorized to observe (periodically, weekly, full [ime) [he construc[ion of the projec[ for Ihe
Permittee hereby state [hat, to the best of my abilities, due care and diligence was used in the observation of [he
construMion such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certihcation and Buffer Rules, the approved plans and specitications, and other supporting materials.
Si�nature
Date
Re�istration No.
�"Nothing Compares .
S[atc of North Camlina I Env�mnmental Quality
I GI7 Mail Serv�ice Center I Raleigh. North Carolina 27699-1617