The URL can be used to link to this page

Home My WebLink About20170807 Ver 1_Approval Letter_20170724ROY COOPER r;m�rrn<»� MICHAEL S. REGAN cecrrrurc Envirronmental S. JAY ZIMMERMAN Direc,or Quality July 24. 2017 RowanCounty NCD W R Project No. 20170807 Bridge 315 on SR 1225 WBS Project No. 17BP.9.R.62 APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS Ms. Amy Euliss, Environmental Officer NCDOT, Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance with the conditions listed below, for the following impacts for Ihe purpose of replacing Bridge 315 with a double-barrel, reintorced concrete box culvert on Patterson Street (SR 1225) in Grants Creek in Rowan County: S[ream Im Temporary Fill in Perennial Stream Site (linear R) _ Dewater I Stabilization e Yadkin Pee Dee River Basin Permanent Fill in Perennial Stream linear ff Culvert Bank Stabiliza[ion 45 62 - 96 Stream Total Stream Impacts Impact Requiring Qinear fq Mitigation Qinear ft) 131 - 24 I IS � 45 � 158 � 24 To[al Stream ImpaM for Project 242 linear feet (rounded) The projec[ shall be construcred in accordance with your application dated received June 30, 20I7. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certitica[ion NumbC� 4088. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. In addi[ion, you should acquire any other federal, state or local permits before you proceed with your project including (but not limi[ed [o) Sediinent and Grosion Control, Non-Dischar�e and Water Supply Watershed regulations. This approval will expire with the accompanying 404 pem�it. This approval is valid solely for [he purpose and design described in your application (unless modified below). Should your project change, you must no[ify the NCDWR and submit a new applica[ion. If [he property is sold, the new owner must be given a copy of [his Certification and approval letter, and is thereby responsible for complying with all the conditions. If rotal wetland fills for this project (now or in the future) exceed one acre, or of total impacts [o streams (now or in the future) esceed 300 linear feet, compensatory mitisation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere ro the conditions listed in the attached certification(s) and any additional conditions lisred below. Stata of Nonh Carolina � Gnvironmental Quality 1617 Maii Seruice Centzr I Raleigh. Nonh Carolina27699-1617 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. The culvert shall be designed to mimic natural stream cross section as closely as possible including barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically 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 properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 4. For the 241inear 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 than 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. [15A NCAC 02H.0506(b)(2)] 6. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality 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] General Conditions 1. 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 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)] 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 or flagging 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 certifcation 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 (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. [15A NCAC 02H.0502( fl] 19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growirig season following completion of construction. [15A NCAC 02B.0506(3)] 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, opernted, and maintained in accordance with the most recent version of the North Carolina Sedrment and Erosion Control Planning and Desrgn Manual. b. T'he design, installation, opera[ion, 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 Sedrment and Erosion Contro! Manual. T'he 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 conhol measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolrna Surface Mining Manual. d. T'he reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. Sediment and erosion conhol 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 contes[ 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 sixry (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of Administrative Hearings accepts filings Monday Hvough Friday between the hours of S:OOam and S:OOpm, except for official state holidays. 7'he original and one (1) copy of the petition must be filed with the Office of Adminislrative Heazings. 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 Cencer 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 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, � � � W � �S. Jay Zimmerman, irecror Division of Water Resources Electronic copy only distribution: James Lastinger, US Artny Corps of Engineers, Raleigh Field Office Mazella Buncick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission File Copy Environm en I u I Quality NCDWR Project No.: Applicanh Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER r„��c�,�„�� MICHAEL S. REGAN �'eur�m, S. JAY ZIMMERMAN i,t,�,-��,o,� CertiGcate of Completion Upon completion of all work approved widiin Ihe 401 Water Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required to remrn [his certifica[e [o the 401 Transportation Permitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er. Ralei�h, NC.27699-16U. This form ma}' be retumed to NCDW R by the applicant, the applicant's au[horized agent, or the project engineer. It is not necessary [o send certificates from all of these. .App/icarrYs Certificnlinn I. , hereby state [hat, [o [he bes[ 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 [he 401 Wa[er Quality Certification and Buffer Rules. [he approved plans and specifications, and other supporting materials. Si;namre: Date: Agent's Certifrcation I. , hereby state that, ro[he best of my abilities, due care and diligence was used in the observation of the wnstruction such tha[ 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 o[her supportin� materials. Signature: Engirreer's Certificn�io�i Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been au[horized to observe (periodically, weekly, full time) the construction of the project for [he Permittee hereby sta[e [hat, [o the best of my abilities, due care and diligence was used in the observation of the construe[ion such [hat the construction was observed ro be built within substantial compliance and in[ent ofthe 401 Water Quality Certification and Bufler Rules, the approved plans and specitications, and o[her supportin� materials. Signature Date Reaistration No. Stale ofNorth Carolma I Fnv�ronmenlal Qualiry 1617 Mail Service Cemer � Raleigh. North Cuofina 27699-1617