HomeMy WebLinkAbout20170986 Ver 1_Approval Letter_20170822ROY COOPER
r,uremnr
MICHAEL S. REGAN
se�i�riarr
£nvironmenral S. JAY ZIMMERMAN
Dtrec�ar
QUQ�Ity
August 22, 2017
Rowan County
NCD W R Project No. 20170986
Bridge 236 on SR 1221
WBS Project No. 17BP.9.R.62
APPROVAL of 401 WATER QUAWTY CERTIFICATION wi[h ADDITIONAL CONDITIONS
Ms. Amy Euliss, Environmental Officer
NCDOT, Division 9
375 Silas Creek Parkway
Winsron Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with the wnditions listed below, for the following impacts for the purpose of
replacing Bridge 236 with a double-barreled, reinforced concrete box culvert in Town Branch on Bostian Road in
Rowan County:
Site
Stream Im ac[s in lhe Yadkin Pee Dee River Basin
Temporary Fill in Permnnent Fill in Perennial
Perennial Stream S[ream
Dewa[er I S[abilization I Culvert I Bank Stabilization
23 - 4R 73
23 - 48 73
Total Stream Impact for Project: 1441inear feet
Total Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear R)
The p%ject shall be construc[ed in accordance with your application dated received August 8, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4088. This certification corresponds to Nationwide Permit 14 issued by the Corps of F.ngineers. In
addition, you should acquire any other federal, state or local pemiits 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 aceompanying 404 pemii[.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Should your projec[ change, you mus[ no[ify [he NCDWR and submit a new application. If [he property is sold, the
new owner mus[ be given a copy of this Certification and approval Ietter, and is thereby responsible for complying
with all the condi[ions. If total wetland fills for this project (now or in the fu[ure) exceed one acre. or of [otal
impacts to streams (now or in the future) exceed 300 linear feet, compensatory mifiaation may be required as
described in I SA 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.
Slate o(North Carolina � Emironmental Quality
1617 Mail Service Center I Raleigh. Nonh Carolina 27699-I fil7
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 andMaintenance 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 23 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 than the natural bed material of the stream, to the maacimum
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(bx3) 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 neaz surface waters must be regulazly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(bx3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certificatioa [15A NCAC 02H.0506(b)(3)]
11. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(bx3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consis[ent with State wa[er quality
standards (including any requiremenu resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requ'vements of State and Federal law. If the NCDWR determines that such standazds or laws
aze not being met (including the failure ro sustain a designated or achieved use) or that State or federal law is being
violated, or [hat fiuther 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 conswction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer
and the on-site project managec [ l5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (cx2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be cleazly mazked by highly visible fencing or flagging priot to any land disturbing
activities. Impacts to azeas within the fencing aze prohibited unless otherwise suthorized by this certification. [ I SA
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 conhol requ'vements, etc.
17. The Pertnittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [ I SA NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borzow or waste sites), the NCDOT Division
Engineer (or appointee) shall complete and return the enclosed "Certification of Completion Form" ro 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 conshvction limiu of the project
by the end of the gowing 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 modificatioa Should waste or borrow sites, or access roads to waste or borzow sites,
be located in wetlands or streams, compensatory mitigation will be requ'ved since that is a d'uect impact from road
construction activities. [15A NCAC 02H.0506(bx3) and (cx3)]
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standazds [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The emsion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolrna 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 contractoo-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 tecent version of the North Carolrna Surface Mrning Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requiremenu 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 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
heazing. 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 nortnal office hours. 1'he Office of
Administrative Heazings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. T'he original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The peHtion 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 Vansmission.
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. Bill F. 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 contaa Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov.
�rely
����
S. Jay Zimmertnan, D'vector
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
Mazla Chambers, NC Wildlife Resources Commission
File Copy
Environmentul
Quality
NCDWR Project No.:
Applicanr.
Project Name:
Date of Issuance of JOt Water Quality Certification:
Counry:
ROY COOPER
cocrrnor
MICHAEL S. REGAN
scu�,-rdrr
S. JAY ZIMMERMAN
nr,�,-, �,,,�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certifica[ion or applicable BufFer Rules, and
any subsequent modifications, the applicant is required [o retum this cenificate to the 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleieh, NC, 27699-16 1 7. This form
may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certitica[es from all of [hese.
App/icnN's Cerliftcafion
I, , hereby state that, to the best of my abilities, due caze and dilieence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and inrent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
Agen('s Cerlrfrca7inn
I, , hereby state that, to [he best of my abili[ies, due care and diligence
was used in the observa[ion of the construction such �hat the cons[ruction 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 marerials.
Signature: Date:
Engineer's Ce�fiftcatioe
Partial Final
1, , as a duly registered I'rofessional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction ofthe project for the
Permittee hereby state [hat, to [he best of my abilities, due care and diligence was used in [he observa[ion ofthe
construction such that [he construction was observed to be built wi[hin substantial compliance and intent of the d01
Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and o[her suppoRing ma[erials.
Signamre
Date
Registration No.
Sla�e ol' North Carolina � F:m'uonmental Qualiry�
I617 Mail Scrvice Cznmr I Rale�gh. North Carolina 2 7699-1 61 7