HomeMy WebLinkAbout20160324 Ver 2_Approval Letter_20170613Warer Reiourt�es
ENVIRONMEHiAL OUA�ITY
ROY COOPER
lrovern�v�
MICHAEL S. REGAN
�', � re«„,
S. JAY ZIMMERMAN
Di/'ec'tur
June 13,2017
Anson Coimty
NCDWR Project No. 20160324v2
Bridge 8 on SR1627
T1P/SYate Project No. B-2506
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADUITIONAL CONDIT[ON5
Mr. Philip Harris, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh. North Carolina, 27699-1598
Dear Mr. Harris:
The 401 permit for project B-2506 is now renewed as requested. NC DOT stated in die application for
renewal that there have been no impac[ changes to the project; subsequently, [he original 401 is re-issued.
The only change to the 401 conditions is the inclusion standard verbiage for the mitigation information,
which was not included in version I. No odier changes have been made. The conditions and impacts
originally induded still apply to version 2 and they are as follows:
Stream (mpacts in the Yadkin-PceDee River l3asin
Permanent F11 "Pemporary FII Permanent F11 Temporary FII Total 5[ream Stream ImF�cfs
in Intermittent in Intermittent in Perennial in Perennial Requiring
Im �ct
Site Stream Stream Stream Stream ���near ft) �tigation
Qinear R) (linear ft) (linear ft) (linerr ft) pinear fq
T07'.
Total Stream lmpact for Project: 33 linear feet.
ii
33
tiia�e of North Carolina ':Gneironmenml Qualdp' P/aier Resources
1617 Mail Service Center, Raleigh. NoOh Camhna 27fi99�1fi17
Phone�. 9i5-807-6300
il
33
Wetland Impacts in the Yadkin-PeeDee River Sasin
Fill Total Impacts
F:xcavation Mechanized Hand
Site F�11 (ac) (temporary) (ac) Clearing (ac) Clearing (ac) �'�'etland Requiring
(ac) Lnpact (ac) 1Vrtigation (ac)
1 <0.01 <0.01 0.00 0.00
2 <0.01 0.00 0.00
3� 0.04 i <0.01 0.04 0.04
4 0.05 , 0.02 0.07 0.07
Total 0.09 0.00 0.00 0.02 0.00 0.11 0.11
Total Wetland Impact for Project: 0.12 acres. (Acreage rounded up to 0.12 from all actual impacts)
All wetlands riverine, bottomland hardwood forest.
The project shall be constructed in accordance with your application dated received April 1, 2016. After
reviewing your.application, we have decided that these impacts are covered by General Water Quality
Certification Number 3891 and 3893. This certification corresponds to the Nationwide Permit 23 and
Nationwide Permit 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 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(s) and any
additional conditions listed below. �
Condition(s) of Certification:
Project Specific Conditions
Compensatory mitigation for impacts to riverine wetlands is required. We understand that you
have chosen to perform compensatory mitigation for impacts to wetlands through the North
Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed
to implement the mitigation for the project. DMS has indicated in a letter dated March 29, 2016
that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation
Banking Instrument signed July 28, 2010
2. Pipes and culverts used, exclusively to maintain equilibrium in wetlands, where aquatic life passage
is not a concern, shall not be buried. These pipes shall be installed at natural ground elevation. If
pipes are laid at an elevation and/or grade that drains the wetland(s), they will be reinstalled so that
equilibrium requirements are met. [15A NCAC 02H.0506(b)(2) and (b)(3)]
3. 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)
4. 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)]
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 Transportation Stormwater Best Management Practices Toolbox
manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
6. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled
shaft construction methods. More specifically, jetting or other methods of pile driving are
prohibited without prior written approval from the NCDWR frst. [15A NCAC 02H.0506(b)(2)]
7. 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)
8. 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)
9. All bridge construction shall be performed from the existing bridge, temporary work bridges,
temporary causeways, or floating or sunken barges. If work conditions re'quire barges, they shall
be floated into position and then sunk. The barges shall not be sunk and then dragged into
position. Under no circumstances should barges be dragged along the bottom of the surface
water. [15A NCAC 02H .0506(b)(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)]
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 tlie 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)]
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 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 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(�]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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(b)(6)]
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 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.
22. 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 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 AdminisUrative Hearings within five (5) business days following the fa�ced 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. Bill F. Lane, General Counsel
Depardnent of Environmental Quality
1601 Mail Service Center
'fhis 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 Donna Hood at (704)682-2839 or donna.hood@ncdenr.gov.
Sincerely,
0�-� ��-�-���:
S. Jay Z�mmertnan, D�rector
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Emironmental Officer
Colin Mellor, NC Departrnent of Transportation
Carla Dagnino, NC Departrnent of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, NC Division of Mitigation Services
File Copy
Water Hesour res
ENVIqONMEMTPL OUAUTY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gorr„io,
MICHAEL S. REGAN
sc� rrrcn�.i
5. JAY ZIMMERMAN
Drceriur
Cer[ificate of Completion
Upon completion ofall work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to remrn this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 'This form
may be re[urned [o NCDWR by the applicant, [he applicant's authorized agent, or [he project engineer. I[ is not
necessary to send certificates from all ofthese.
,4ppficm�t's Cerlificalinn
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the consVuction was observed ro be built within substantial
compliance and intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signature: Date:
AgenPs Cer�ifrcafion
I, , hereby state tha�, to the best of my abilities, due care and diligence
was uszd 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 supportine materials.
Signature:
Englrreer's Cenifrcution
Partial Final
1, , as a duly registered Professional Engineer in the Sta[e of North
Carolina, havin� been authorized [o observe (periodically, weekly, full time) the constraction of the project for [he
Permittee hereby state [hat, lo lhe best of my abilities, due care and diligence was used in [he observa[ion ofthe
cons[ruction such [hat the construction was observed to be built within subsfantial compliance and intent of the 401
Water Quality Certification and Butier Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Date
Registration No.
Slafe of Nnnh Carolina Fncirnninemal Qnaln} I Wala Resnurces
1617 Mail Service remer. Raleign Nonh Carol�na D595�tt�iv