HomeMy WebLinkAbout20170684 Ver 1_Approval Letter_20170622ROY COOPER
Gnna i,or
MICHAEL S. REGAN
Al�n�ernq�
Envi�onmenta! S. JAY ZIMMERMAN
U;rtt-ior
QLIQ�ICy
JUI1C �2, Z� � %
Davidson County
NCD W R Projcct No. 20170684
Dridgc 86 on SR I Ii8
WI3S Project No. 176P.9.R.62
APPROVAL of 401 WAT�R QUALITY CFRTIFICA"PION with ADDI"fIONAL CONDITIONS
Ms. Amy Euliss, Environinent�l Ofticer
NCDOT, Division 9
375 Silas Creek Parkway
Wins[on Salem, NC 27127
Dear Ms. �uliss:
You have ow approval, in accordnnce with the condi�ions listed below, for the following impacls f'or lhe purpose of
replacing Bridge 86 with a double-barrel bos culvert in a UT to South Potts Creeh in Davidson County:
Site
Sh'eam Im acts in the Yadkin Pee Dee River 6asin
Permanent "I'emporary
'1'emporary �ill in Permanent fill in �ill in �ill in
Perenni:jl Stream Perennial Stream Intcrmitten� Intermittenf
(linenr fQ (linear ft) Shram Stream
lincar ft linear Pt
Dewater Culvcrt �nnk
Stabilizafion
GS 64 74 - -
6.5 64 74
To[al Stream hnpac[ fm� Projecf: 203 linear feet
Tolal Stream
Strenm �mpacis
Impaet Requiring
Qinenr ft) ��itigation
(linear ft)
203
l�hz projec[ shall be constructed in accordance widi your application dated May 26, 2017. After reviewina yow'
applicatiou, we have decided that Ihese impac[s are covered by General Water Quality Certitication Number 4088.
This certifica[ion corresponds lo Na[ionwide Penni[ 14 issued by the Corps of Cngineers. In addition, you should
acquire any other federal, slate or 1uc21 permils before you proceed wilh your project including (but not limi[ed to)
Sedimen[ and Lrosion Control, Non-Dischaige and Water Supply Watershed regulations. "l�his approval will expirc
with tlie accompanying 404 penni[.
This approval is valid solcly for tl�e pm�posc znd design described in your applica[ion (wiless moditied belo�v).
Shuuld yow� project change, you must natify die NCDWR and submit a new applicaCion. If the property is sold, the
new o�vner must be given a copy ot'this Ccrtification and approval lelter, nnd is thereby responsible for complying
with all tlie condi(ions'. If to[al wetland �ills for �his project (now or in (he lu[ure) exceed one acre, or of total
impac[s to streams (now or in the future) exceed 300 linear teeL, eompensalory miti�alion may be required as
described in I iA NCAC 2H .0506 (h) (6) amd (7). For this approval to remain valid, you mus[ adhcre to the
conditions listed in Oie attached cerlitication(s) aitd any Tdditional condi[ions lis�ed below.
Stale ot Nonh Cnrolina I Gnvironmenml Quolin�
1617 Mall Srrvice Cenlrr I Ralclgh. Nortli Cnrnlin2 27699-1617
Condition(s) of Certification:
Project Specific Conditions
l. 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
Construc[ion and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5)]
2. The culvert shall be designed to mimic namral stream cross section as closely as possible including barrels at
flood plain elevation and/or sills where appropriate. Widening [he stream channel should be avoided. Stream
channel widening at the inlet or ootlet end of structures rypically decreases water velocity causing sediment
deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
3. 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 property designed, sized and installed. [15A
NCAC 02H.0506(b)(2)]
4. For the 65 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper [han the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species. [ISA NCAC 02H.0506(b)(2)]
6. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Qualiry Certification
(Number 4088) will be waived per request of the permittee. However, measures shall be undertaken to prevent
surface water contamination by equipment fuel, lubricants and oils if it is necessary to conduct equipment
maintenance within 50 feet of surface waters. [15A NCAC 02H.0506]
7. 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. If this condition is unable ro 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. 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
writingbyNCDWR [ISANCACO2H.0506(b)(2)]
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 inadvertentty contacts unwred concrete shall not be discharged
to sarface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ISA 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. [ISA 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.
[I SA 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 in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [ I SA 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, lubrican[s, 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. [ISA 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)]
1 I. 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 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. [ I SA 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 or flagging prior to any land disturbing
activities. [mpacts to areas within the fencing are prohibited unless otherwise aothorized by this certification. [ I SA
NCAC 02H.0501 and .0502]
I5. 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 govemment 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 [he 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]
18. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by [he end of the growing season following completion of construction. [15A NCAC 02B.0506(3)]
19. There shall be no excavation from, or waste disposal into, jurisdictional weNands 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 tha[ is a direct impact from road
constraction 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 in order to protect surface
waters standards [ I SA 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 Contro!
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 Mrning 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 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 Adminishative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the oftice 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 Q) 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 Oftice of
Administrative Hearings within five (S) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Oftice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-300Q 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 Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov.
Sincerely,
�J��— �c
S. y Zimmerman, Director�
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
I
i
'..4� Hf
fnviro�unen�nl
Quality
NCllWR Projec[ No.:
Applicant:
Projcct Name: _
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gorernur
MICHAEL S. REGAN
.cr<o�eau;i�
S. JAY ZIMMERMAN
n;,�F��������
Ccrtifica[e of Completion
Upon completion of all work approved within tlie 401 Watcr Quality Gertitication or applicable 6uCfer Rules, and
flny subsequent modilications, the applicant is required to retwn tliis certificat� to 1'he d01 "Il��nsportation Permitting
Uni[, North Carolina Division of Water Resow�ces, IG17 Mail Scrvice Center, Raleigh, NC, 27(99-161Z This form
mny be relurned to NCDWR by ihe applicant, the applicanYs authorized agent, m� [he project en�ineer. I[ is not
necessaiy to send certificates fi�om all of these.
iipplicnnt's Cerlifrcnlrnn
I, , hcreby s�ate [hat, to the bes[ of my abilities, due care and dili�ence
was used in the observation of the construction such tha[ the construction was observed to be built witl�in substantial
compliance nnd intent of lhc 401 Watcr Quality Certification and I3uffer Rules, thc approved pl�ms and
specife�tions, and other supporting m�teri�is.
Signature: Date:
Agenf'.s CeniJicn�ion
I, , hereby state th�t, to [he bestofmy abilities, due care and dili�ence
was used in the observation of lhe construc�ion such thnt the construction was observed �o bc buill widiin substantial
compliance and intent of the 401 Walcr Qu�lity Certification and [luffer Rules, the approved plans and
specific�iions, �nd other supporling materials.
Signature: Date:
L7igri�eer's Cer/iJicrtlrnn
Parti�l 1=inal
1, , as a duly regislered Professional En�ineer in the State of North
Carolina, having been authorizcd to observe (periodically, weekly, full time) ihe construction of the pr�ject for the
Permi[tec hcrc6y s�ate ihat, to (he besl of my abilities, due c2re and �iligencc was used in the observation of the
construction such that the consvuction was observed [o be built �vithin siibstantial compliance and intent of lhe 401
Water Quality Certifcation and Buffer Rules, the approved plens and s��ecitieations, and other supporting ma[erials.
Signa[ure
Datc
Registration No.
SI&ItofNrn'Ih Camlinz I Envuonmenlnl Qunlii��
1617 Mail Stn'icc CciLcr I Rnleigh. �onh Cerolina 27G99-1617