HomeMy WebLinkAbout20171428 Ver 1_Approval Letter_20171113Environrnentul
QUQllry
ROY COOPER
Guvrrnor
MICHAEL S. REGAN
.5i��,�erm�r
LINDA CULPEPPER
lnirrim Direa9ur
November 13. 2017
Onslow County
NCD W R Project No20171428
aridge 134 on SR I331
WBS # 17BP3.R.48
APPROVALof401 WATERQUALITYCERTIFICATION,(NEUSE/TAR-
PAMUCO/CATAWBA/RANDLEMAN) BUFFER AUTHORIZATION, and ISOL.4TED WETLANDS
PERMIT Pursuant ro IWCPIOOOOU with ADDITIONAL CONDITIONS
Mr. Mason Hemdon, Environmen[al Supervisor
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Dear Mr. Hemdon:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 134 on SR 1331 (Whi[e Oak River Road) in Onslow County:
Wetland Im acts in the White Oak River Basin
Site Fill (ac) Fill Excavation Mechanized Hand Total Impacts
(temporary) (ac) Clearing Clearing Wetland Requiring
(ac) (ac) (ac) Impacts Mitigation (ac)
ac
W1 0.004 0.004 N/A
W2 0.'110 0.110 N/A
W3 0.004 0.004 N/A
W4 0.036 0.036 N/A
TOTAL 0.008 0.110 0.036 0.154 N/A
fotal Wetlantl lmpact for Yroject: UJ54 acres.
The project shall be constructed in accordance with your application dated received November 7, 20I7. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4088. This certification corresponds to the Na[ionwide Permit 14 issued by Ihe Corps of Engineers. In
addi[ion, you should acquire any o[her federal, sta[e or local permits before you proceed with your project including
(but not limited to) Sedimen[ and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will eapire with the accompanying 404 permi[.
This approval is valid solety for the purpose and design described in your applica[ion (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe proper[y 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 rotal
impacts to streams (now or in the future) exceed l50 linear feet, compensatory mitigation 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 and any additional conditions listed below.
Stale ol North Cerolina I Environmental Quali[y
1617 Mail Service Cemer I Raleigh. Nonh Carolina 27699-1617
Condition(s) of Certification:
1. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)
2. 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)]
3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit
NC50000250 please refer to the most recent version of the North Carolina Department of Transportation
Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
4. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
5. , All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H
.0506(b)(3)
General Conditions
6. 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)]
7. 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]
8. 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)]
9. 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)]
10. 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)]
11. The Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
12. 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)]
13. 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)]
14. 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)]
15. 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)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
17. 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]
18. 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)]
19. 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
��)�2)l
20. 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]
21. 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.
22. 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)]
23. 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]
24. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project
by the end of the growing season following completion of construction. [15A NCAC 02B.0231(a)(6)]
25. 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)]
26. 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
s�'face 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 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
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
27. 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 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 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 (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: �
Office 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. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
1'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Joanne Steenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov.
r Sincerely
�� ����� ,
Linda Calpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
En viron m en r a(
QUQ�(rY
NCDWR Project No.:
.4pplicanh
Projec[ Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
r;����,,�,�,
MICHAEL S. REGAN
srcrrr�nr
LINDA CULPEPPER
lulc'ri�n Uirrcmr
Certiflcate of Comple[ion
Upon completion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules, and
any subsequen[ modifications. [he applican[ is required [o return this certiticatz [o the 401 'fransportation Permittine
Uni[, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDW R by Ihe applican[, the applican['s authorized agen[, or the projec[ engineer. It is not
necessary [o send certificates from all of [hese.
Applicm�('s Cerlificalian
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation ofthe construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supportin, materials.
Sienature: Date:
AgerrYs Cerlifiearion
I, , 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 to be built within substantial
compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supportine macerials.
Signature:
Engii7eer's Certifrcalinn
Panial Final
I, , as a duly regisrered Professional Engineer in the State of North
Carolina, having been authorized ro observe (periodically, weekly, full time) the construction of the project for the
Pertni[tee hereby state that, to the best of my abilities, due care and diligence was used in [he observation of [he
construction such that the construction was observed to be built within substantial compliance and intent oFfhe 401
Water Quality Certification and ButTer Rules, the approved plans and specitications. and other supportine materials.
Signature
Date
Registration No.
State otNorth Carolina I P.nvironmemal Qualitv
1617 Mail Servire Centzr I Raleieh. Nonh Carolina 27b99-1617