HomeMy WebLinkAbout20170621 Ver 1_Approval Letter_20170525Environ rlten ta!
Qualiry
ROY COOPER
Gr» �rivor
MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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May 25, ?017
Montgomery/Moore Counties
NCDWR Project No. 20170621
Bridge �3 on NC 73
TIP No. B-5362
APPROVAL of 401 WATER QUAL[TY CERTIFICATION with ADUITIONAL CONDITIONS
Mr. Philip Harris, P.E.
Natural Environment Unit
1598 Mail Service Center
Raleigh, NC 27699
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for
replacing Bridge 5361 with a new bridge over Drowning Creek on NC 73 in Montgomery/Moore Counties:
Site F���
(ac)
I -
I 0.05
Totals 0.05
in [he Lumber Basin
Fill Ezcava[ion Mechanized Hand Clearing Total Wetland
(temporary) �ac) Clearing(ac) (ac) Impact(ac)
ac
- - 0.03 - <0.03
- - - - <0.05
- - U.03 - <0.08
Total Wetland Impact for Project: <0.08 acres.
Stream Im �acts in the Lumber l3asin
Permanent Tempurary Sveam
Site Temporary Fill Riprap in Perennial Fill in Fill in Tu[al �mpacts
in Perennial S[ream In[ermi[[ent Intermittent Stream Requiring
Stream Impact
Qinear f[) Stream Stream Mitigation
(linear ft) (linear ft) (linear ft) �linear fq
(linear ft)
I 5 70 - - 0 -
Totals 5 70 - - 0 -
Cotal Stream Impact for Project: 75 lioear feet.
- '"'Nothing Compares = �
State of North Carolina I Emironmemal Qualiry
1617 Mail Servlce Centcr I Raleigh_ North Carolina 27699-1617
The project shall be constructed in accordance with your application dated received May 17, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Numbers 4085 and 4086. This certification corresponds to Nationwide Permits 3 and 12
issued by the Corps of Engineers. 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 300 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(s) 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. [15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
2. 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)]
3. For projects impacting waters classified by the NC Environmental Management Comrriission as
Water Supply II (WS II) High Quality Waters (HQW), stormwater shall be directed to vegetated
buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating
storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers
is strongly discouraged. [15A NCAC 02B.0224 and 0225]
4. The Permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e])
in areas draining to WSII HQW waters. However, due to the size of the project, the NCDOT shall
not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered
acres.
5. NCDOT shall comply with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
6. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall
be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian
area and on disturbed steep slopes with the following exception. Erosion control matting is not
necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary
sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever
possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of
temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based
hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate
in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters in prohibited. Riparian areas are defned as a distance 25 feet
landward from top of stream bank. [15A NCAC 02B.0224 and 0225]
7. The post-construction removal of any temporary bridge structures must return the project site to
its preconstruction contours and elevations. The impacted areas shall be revegetated with
appropriate native species. [15A NCAC 02H .0506(b)(2)]
8. 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)]
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 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 always. In
addition, the Water Quality Certiiication 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 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 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 certification 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. [15ANCAC 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.0267(10)]
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
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.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certificatioa [15A NCAC 02H.0506(bx3) 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.
T'he 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. Bill Lane, 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 April Norton at (919)707-9111 or A�ril.Nortonnn ncdent. o�v.
�erely,
���-E��
S. Jay Zimmertnan, Director
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Clvis Rivenbark, NCDOT-Natural Emironment Section
Art King, Division 8 Env'vonmental Officer
Travis Wilson, NC Wildlife Resources Commission
File Copy
Envrronme�nrul
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Qualih' CeMification:
Count� •
ROY COOPER
c;ncernur
MICHAEL S. REGAN
�'e�,rno,�
S. JAY Z.IMMERMAN
� �;,, <,�,�
Certifcate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequen[ modifications, the applican[ is required to retum this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources. 1617 Mail Service Center.
Raleigh, NC, 2 7699-1 6 1 7. This form may be retumed to NCDWR by the applicant, the applicant's
au[horized agent, or the project engineer. It is not necessary [o send certificates from all of these.
Applicnnt's Cer(ificntion
I, , herebv stare diat, to the best of mv abilities, due care
and diligence was used in the observation of [he construction such that [he construction was obsened to
be built within substanfial compliance and intent of lhe 401 Water Quality Certification and Buffer Rules,
the approved plans and specitications, and other supporting materials.
Signature:
Age�rPs Certificnlion
Date:
(, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of [he 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.
Signature:
Engineer's Certifrention
Partial
Final
Date:
l, , as a dul} registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekl�, fiill time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the constniction 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 supponing materials.
Signawre
Date
Registration
"Nothing Compares = - ,
State ol Nonh Carohna I Fnvironmental Quality
I617 MaJ Service Cenier I Raleigh. North Carolina 27699-16 U