HomeMy WebLinkAbout20170970 Ver 1_Approval Letter_20170928ROY COOPER
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MICHAEL S. REGAN
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Environmenta� S. JAY ZIMMERMAN
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Quality
September28.2017
Union County
NCDWR Project No?0170970v.1
Bridge 448 on SR ? 154
TIP Projec[ No. B-5374
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, Ill, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Departmen[ of Transportation
1598 Mail Service Center
Raleigh, North Carolina. 27699-1598
Dear Mr. Harzis:
You have our approval, in accordance wi[h the conditions listed below, for the following impac[s for the purpose of
replacing Bridge 448 on SR 215a (Gulledge Parker Road) in Union Coimty:
tiile
Sfream Impacts in [he PeeDee River Basin
Permanenl Fill Permanenl Fill "I�emry�rary Fill
13ank
in Intermiltenl in Perennial in Perennial
S[vbilization
Strcam titream Strcam
(lineur ft�
(lincar ft) (lincar fq (lincar fq
76
Total Stream Impact for ProjecL• 42 linear fee[.
A2 I 52
Wetland Imoacts in the Yadkin-PeeDee Ricer Basin
ToLd Strcam titream Im�rach
Im�ract Reyuirin�;
(lincar R) Miligation
QineerfQ
170
Fi I I Total Impacts
Eaca�ation Mechanized Hand
Site Fill (ac) ([emporary) Wetland Requiring
(ac) Clearing (ae) Clearing (ac)
(ac) Impecf (ac) Mitigafion (ac)
I (rivG'inC) 0.02 0.02 U.U�
Total 0.00 0.00 0.02 0.00 0.00 0.02 0.02
Total Wetland Impac[ for Project: 0.02 acres.
State ofNonh Carolina I F.mimnmental Quality
I GI 7 Mail Szrncz Centzr I Raleigh, Nonh Carohna 27699-1617
The project shall be constructed in accordance with your application dated received August 4, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification(s) Number 4087, 4093, and 4094. These certifications correspond respectively to the Nationwide
Permit 13, 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
1. As a condition of this 401 Water Quality Certification, the bridge demolition 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. 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 and disposed of properly. [15A NCAC 02H .0506(b)(3)}
3. Native stream bed material excavated to install the culvert shall be retained, stored separately from other
stockpiled material, and used to restore the streambed to proper elevation that allows for aquatic passage.
[15A NCAC 02H.0506(b)(2)]
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 down stream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact the 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)]
5. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or 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)]
6. 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)] .
7. For the 52 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)]
8. Due to the possibility thaf compaction and/or other site alterations might prevent the temporary wetland
impact area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the
wetland areas temporarily impacted at Site 1. This update shall be conducted two growing seasons after
completion of the work at Site 1 and shall consist of photographs and a brief report on the progress of the
areas in re-attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the
permittee shall schedule an agency field meeting with the NCDWR to determine if the wetland areas �
temporarily impacted by this project have re-attained jurisdictional wetland status. If the wetland areas
temporarily impacted by this project have not re-attained jurisdictional wetland status, the NCDWR shall
determine if compensatory wetland mitigation is be required. It is highly recommended that site
gradation/berms be used to protect the wetland from being completely drained into the roadside ditch. [15A
NCAC 02H.0506(b)(2)]
9. Compensatory mitigation for 42 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of
Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for
the project. The DMS has indicated in a letter dated June 1, 2017 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010.
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 Pertnittee 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
��)�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(bj(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) ofthe 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( fl]
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 wntrol measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
Norrh Carolina Sediment and Erosion Contro! Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow piu associated with the project.
c. For borrow pit sites, the erosion and sediment contral measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surjace
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in acwrdance
with the requirements of the Sedimentation Pollution Control Act. �
22. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at
site 1, they shall be removed and the natural gade restored upon completion of the project. [ 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
heazing. You may obtain the petition form from [he office of Administra[ive 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. The Office of
Adminisirative Heazings 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
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
O�ce 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. 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 Donna Hood at'704-235-2193.
Sincerely,
��/�
�c S.1ay Zimmerman, D'vector
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division ] 0 Env'vonmental Officer
Colin Mellor, NC Depardnent of Transportation
Carla Dagnino, NC Department of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
En viron m eit ta!
Quality
NCDWR Project No.:
.4pplicrnh
Project Name:
Da[e of Issuance of 401 Wa[er Quality Certificafion:
county:
ROY COOPER
(l�n���nior
MICHAEL S. REGAN
�� ��,�, ,��„�
S. JAY ZIMMERMAN
n:,,-��m��
Certificale of Completion
Upon completion of all work approved wi[hin the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications. [he applicant is required to re[urn ihis certiticate to the d01 Transportation Permittin�
Unit. North Carolina Division of Water Resources, 1617 Mail Service Center. Raleieh, NC, 2 7699-1 6 1 7. This form
may be returned to NCDWR by the applicant, [he applicant's authorized a_ent, or the projec[ engineer. II is no[
necessarv [o send ceniticates from all of these.
.1 pplic�mPs Certificv�tion
l, , hereby state that, to the best of my abili[ies, 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 the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
Agent's Certifrcatinn
I. , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of [he construc[ion such that the construction was observed to be built within subs[an[ial
compliance and in[ent of [he d01 Water Quality Certitication and Bufler Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Cerlifrcutimi
Partial
Final
Da[e:
I, , as a duly registered Professional Enginecr in the S[a[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed ro be built wi[hin substantial compliance and intent of the J01
Water Quality Cenification and Buffer Rules, [he approved plans and specifications, and other supporting ma[erials.
Signature
Date
Registration No.
$�ale of North Carolina � Fnvimnmental Quulity
I bl7 Mail Sen�im Center I Ralzigh, Nonh Carollna 2�6v9-16U