HomeMy WebLinkAbout20171067 Ver 1_Approval Letter_20170914ROY COOPER
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MICHAEL S. REGAN
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Enviro��menlal S. JAY ZIMMERMAN
Dlrector
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September14,2017
Rowan County
NCDWR Project No. 20171067
Bridge 260 on SR 1535
WBS Project No. 17BP.9. R.62
APPROVAL of 401 WATER Q.UALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss, Emironmental Officer
NCDOT, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with [he conditions listed below, for the following impacts for [he purpose of
replacing Bridge 260 with a double-barzeled, reinforced concrete box culvert in Little Creek on Weaver Road in
Rowan County:
Site
Stream Im acts in the Yadkin Pee Dee Rive
Temporary Fill in Permanent Fill in Peren
Perennial Stream Stream
Dewater I Stabilization I Culvert I Bank Stabilization
10 � - 50 75
10 � - 50 75
To[al Stream Impac[ for Project: 135 linear feet
7'otal Stream
Impact
Qinear ft)
135
Stream
Impacts
Requiring
Mitigation
The project shall be constructed in accordance with your application dated received August 28, 201 Z After
reviewing your application, we have decided Ihat [hese impac[s are covered by General Water Qoality Certification
Number 4088. This certif ication 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 wi[h 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 projec[ change, you mus[ no[ify the NCDWR and submi[ a new applica[ion. Ifthe property is sold, [he
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If [o[al wedand fills for this project (now or in [he future) exceed one acre, or of total
impacts ro 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.
State of North Camlina I Environmental Quali[y
1617 Mafl Servfce Canter I�leigh. Nonh Camlina 27699-1617
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 charinel 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 10 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 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. [I SA 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
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 modifed.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
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 N.CDOT 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 dperated near surface waters must be regularly inspected and maintained to prevent
contamination of stream wafers from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)] �w�;.
`.,+,
10. No rock, sand or other malferials 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 authori'zed 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;�ertification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification a�d all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manag�r. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
15. The outside buffer, wetlan�l. 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 require'ments, etc.
17. The Permittee shall report ariy 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 (or appointee) shal.l complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work inc�u�led 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 growing 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 mus[ be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Plunning und �esign Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures mus[ be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sedrment and Erosron Contro/ Manual. The devices shall be maintained on all construc[ion sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with [he
project.
c. For borrow pit sites, the erosion and sedimen[ wntrol measures must be designed, installed, operated, and
maintained in accordance with [he most recent version of the North Carolina Surjace Mining Mam�al.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requiremen[s ofthe Sedimentation Pollu[ion Control AcL ,.
22. Sedimen[ and erosion control measures shall not be placed in wedands or watPrs unless o[herwise approved by
this Certificatioa [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a pe[ition for an administra[ive
hearing. You may obtain [he pe[ition form from [he office of Adminis[rative hearings. You must file the petition
with the office of Adminis[rative 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
Adminis[rative Hearings accep[s filings Monday through Friday be[ween the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be tiled with the Office of
Administrative Hearings.
The petition may be faxed-provided [he original and one copy of [he documen[ is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Cen[er �
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: ��
:
Mc Bill Lane, General Counsel '
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources ander 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, ,
',�`� � 1�� � .
S. Jay Zimmertnan, Director
Division of Water Resources
Elechonic copy only distribu[ion:
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
Environmental
Quality
NCDWR Project No.:
Applicant:
Project IYame:
Da[e of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gortr�nu�
MICHAEL S. REGAN
ti��r���v�,��r
S. JAY ZIMMERMAN
i�r���n���
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applican[ is reqoired to return this certificate to the 401 Transportation Permitting
Onit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applican['s au[horized agen[, or the projeet engineec I[ is no[
❑ecessary to send certificates from all of these.
ApplicanYs Cerlificalion
I, - , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that Ihe construction was observed to be built within substantial
compliance and inten[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure: _ _ Date:
AgenNs Certification
I, � , hereby state that, to the bes[ of my abilities, due care and diligence
was used in the observa[ion of the construction such tha[ the construction was observed [o be built within substantial
compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, [he approved plans and
specifications, and o[her supporting ma[erials.
Signature:
Engineer's Certifiealion
Partial �Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state [hat, to the best of my abilities, due care and diligence was used in the observation of [he
construction such tha[ the constmction was observed [o be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials.
Signature
Da[e
Registration No.
State ofNonh Carolina I Envimnmencal Quallry
1617 Mail Service Cenrer I Ralcigh Vorth Camlinn 27699-1617