HomeMy WebLinkAbout20170436 Ver 1_Approval Letter_20170503ROY COOPER
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MICHAEL S. REGAN
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Environmenta( S. JAY ZIMMERMAN
U;rector
QUQ�Ii}�
May 3, 2017
Sampson County
NCD W R Project No. 20170436
Brid�es 32�, 3?6 and 327 on SR 1409
TIP No. B-4637
APPROVAL of 401 WATF.R QUALITY CERTIFICATION, with ADDITIONAL CONUfTIONS
Mr. Gordon Cashin
NCDOT
I j98 Mail Service Center
Ralei�h, NC 27699-1598
Dear Mr. Cashin:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing bridges nos. 32i, 326 and 327 on SR 1409 (Old Salemburg Road) in Sampson County:
Stream Impacts in [he Cape Fear River Basin
Permanent Fill Temporary Fill Yermanent Fill Temporary F��� Totai S[ream
Site S[ation �n Intermittent in Intermittent in Perennial in Perennial �mpact
Strcam Qinear Stream (linear Stream Stream ���near ft)
ft) k) Qinear ft) (linear ft)
19+12 to 19-81 LT/RT
TOTAL� � 0 I
Total S[ream Impact for Project 281inear feet.
SI[C
TOTAL
$YAti011
L 14+1'_ to 19�+8I L�
'3 80 108
_ O
0 28 80 108
Water Impacts in the Cape Fear River Basin
PermAnent Fill in Tem�rar,v Fill in
Total Opcn Water Impact for Projcct: 0 acres.
'� Nathing Compares -
State of North Carolina � Emironmental Quality
1GI7 Mail Service Cen[er I kaleigh, Nonh Carolina 27699-1617
Total Fill in Open
0.00
Wetland Impacts in the Cape Fear River Basin
��� Fkcavation �chanized Hand Total
Site Station �11(ac) (temporary Clearing Clearing Wetland
) (ac) �a�� (ac) (ac) Impact (ac)
1 L 11'+26 to 12+09 RT 0.001 0.007 0.01
1 L 12+09, to 12+26 LT/RT 0.001 0.005 OA1
1 L 12+26 to 13+10 LT/RT 0.011 0.090 0.10
1 L 13+10 to 14+98 LT/RT 0.037 0.029 0.07
1 L 14+98 to 15+14 LT/RT 0.003 0.005 0.01
� 1 L 15+14 to 15+98 LT/RT 0.006 0.005 0.1 l7 0.13
1 L 15+98 to 18+37 LT/RT 0.051 0.037 0.09
1 L18+81 to 19+42 LT/RT 0.004 0.07 � 0.07
3 L 19+72 to 20+10 LT/RT 0.003 0.022 0.02 0.05
3 L 20+10 to 20+27 LT/RT 0.001 0.011 0.01
Total 0.10 0.00 0.04 0.09 0.30 0.53
Total Wetland Impact for Project: 0.24 acres.
The project shall be constructed in accordance with your application dated received April 12, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4085. This certification corresponds to the Nationwide Permit 3 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. 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. [ 1 SA NCAC 02H .0507(d)(2) and 1 SA 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
NCS0000250, please refer to the most recent version of the North Carolina Department of Transporlation
Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)] �
3. 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)
4. A turbidity curtain will be installed in the stream if driving, drilling or working activities occur within the
stream channel, on the stream bank, or within 5 feet o£the top of bank. This condition can be waived with
prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
5. 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 . ,
6. 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 th-is 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)] .
7. 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]
8. 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)]
9. 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)] ' -
10. The use of rip-rap above the Normal High Water Mark shall be minunized. 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)]
11. The Permittee shall ensure that the 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 (c)(2)]
12. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMI' 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)]
13. 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)]
14. 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)]
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized liy this
certification. [15A NCAC 02H.0506(b)(3)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
17. 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 (mcluding 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]
18. 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)]
19. A copy of this Water Quality Certifcation 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)�
20. 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]
21. 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.
22. 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)]
23. 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]
24. 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)]
25. 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 ar 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)]
26. 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.
27. 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 ofreceipt 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 Heazings within five (5) business days following the fa�ced transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative 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, Geneml Cowisel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699
1'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please wntact Joanne Steenhuis at (910) 796-7306 orjoannesteenhuis@ncdenr.gov.
incerely,
' ���-��
S. Jay Z' erman, Duec[or
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, Division 3 Environmental Officer
Colin Mellor, NC Departrnent of Transportation
Chris Rivenbazk, NC Depardnent 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
Environnten tal
Qualiry
NCDWR Project No.: 20170436
Applicant: NC DOT Division 3
Coun[y: Sampson
ROY COOPER
v„�����„�n�
MICHAEL S. REGAN
>r:,�r«u,c
S. JAY ZIMMERMAN
I )irrrlor
Project Name: B-4637 Replacement of 6ridges Nos. 325, 326 & 327 over Lit[le Coharie Creek
Da[e of Issuance of 401 Water Quali[y Certification: Mar' 2, 2017
Certificate of Completion
Upon comple[ion of all work approved wi[hin the 401 Wa[er Quality Certification or applicable Buffer Rules, and
any subsequent moditications, [he applican[ is required to remm this certificate to the 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC. 27699-1 6 1 7. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessart to send certificates from all of Ihese.
ApplicariPs CerlrficuNow
I. . 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 inrent ofthe 401 Water Qualiry Certification and Buffer Rules. the approved plans and
specifications, and other supportine marerials.
Signature: Dare:
AgeaYs Cenification
L , hzreby 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 intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre:
Engi�teer's Certificalion
Partial Final
1, , as a duly registered Professional En_ineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) Ihe construction of the project for the
Permittee hereby state Ihat, [o [he best of my abili[ies, due care and dilieence was used in the observation ofthe
construction such that the construction was observed to be built within substantial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules. the approved plans and specifications. and other supporting materials.
Signature
Date
Registration No.
"Nothing Compares - �
State of NoM Carolina I Environmental Quality
1617 Mail Servitt Center I Rnlzigh. North Carolina 2 7699-1 6 1 7