HomeMy WebLinkAbout20171437 Ver 1_Approval Letter_20171127ROY COOPER
Goi•ernor
MICHAEL S. REGAN
Secremrt�
Environmc�ntul LINDA CULPEPPER
Li[erim Director
QLlQ�IC}'
November 27, 2017
Yadkin County
Bridge 10 on SR 1710
Project: 17BP.11 R.143
NCDWR Project No.20171437
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Heath Slaugh[er, Emironmental Officer
NCDOT Division l I
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mc Slaughter:
You have our approval, in accordance with the conditions listed below, for the following impacts related to
replacing existing Bridge 10 with a new bridge as described in your application material dated November 8, 2017.
Stream Im acts in the Yadkin River Basin
Permanent Fill in Perennial Temporary Fill
Stream (linear ft) in Perennial Total Stream Stream Impacts
Site Stream Impact Reqoiring Mitigation
Relocation Bank Stabilization ���near ft) (linear ft) (linear ft)
(Dewatering)
1 106 - 25 13l -
2 - 42 28 70 -
Total 148 53 201 -
fotal5tream Impacts: lUl unear teet
The project shall be constructed in accordance with your application dated November 8, 2017. After reviewing your
application, we have decided tha[ these impacts are covered by General Water Quality Certification Number 4088.
This certification corresponds to the Nationwide Permit 14 issoed by the Corps of Engineers. In addition, you
should acquire any other federal, s[ate or local permits before you proceed wi[h your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Wa[er 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. Ifthe 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 rotal 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 300 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 lis[ed in the attached certification(s) and any additional conditions listed below.
State ot North Camlina'� Emironmental Quality
1677 Mail ServiceCrnter I Raleigh. North Carolina27699-1617
Project Specific Conditions
1. 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 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)
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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
4. For the 53 linear feet of streams being impacted due to site dewatering, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5. Channel relocation shall be completed and stabilized prior to diverting water into the new channel. Stream banks
shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian
vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the
maximum extent practical. [15A NCAC 02H .0506(b)(3)]
6. 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)]
Condition(s) of Certification:
General Conditions
1. 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]
2. 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)]
3. 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 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)]
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 fiu-ther 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/flagging prior to any land disturbing
activities. Impacts to areas within the marked areas 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 (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 growing season following completion of construction. [ 15A NCAC 02H.0506(b)(2)]
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 mos[ recent version of [he North Caro/ina Sedimen! and Erosion Control
Planning and DesiAn Manual.
b. The design, installation, operation, and maintenance of [he sediment and erosion control measures must be
such that they equal, or exceed, [he requiremen[s specified in the most recent version of the North Carolina
Sedimen[ and Erosion Control Manual. The devices shall be maintained on all construc[ion sites, borrow
sites, and waste pile (spoil) projec[s, including contractor-owned or leased borrow pits associa[ed with the
project.
c. For borrow pit si[es, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Curolrna Surface Minrng Manual.
d. The reclama[ion measures and implementation mus[ comply wi[h the reclamation in accordance with [he
requirements 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 Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to wntest any statement in the attached Certification you mus[ file a petition for an administrative
hearing. You may obtain the petition form &om the o�ce of Administrative hearings. You must file the petition
with [he 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 [hrough Friday between the hours of B: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
AdminisVative 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
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,
'� \ti ( ��,����.�
Lin� Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribu[ion:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
En vironm en tal
QUQ�Iry'
NCDWR Project No.:
Applicant
Project Name:
Date of Issoance of 401 Water Qoality Certification:
COUII[y:
ROY COOPER
Guren�or
MICHAEL S. REGAN
secrctm�r
LINDA CULPEPPER
/nterirn Director'
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is reqoired to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resouroes, 1617 Mail Service Center, Raleigh, NC, 27699-1 6 1 7. This form
may be returned to NCDWR by the applicant, the applicanYs authorized agent, or the project engineec It is not
necessary to send certificates from all of these.
Applicant's Certification
�, , hereby state that, to Ihe best of my abili[ies, due caze and diligence
was used in the observation of the construction such that the constmction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cer[ifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: __ Date:
Agent's CettiJica[ion
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 constroction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Roles, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certifiealion
Partial Final
[, , as a duly regis[ered Professional Engineer in the S[ate 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 to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, [he approved plans and speeifications, and other supporting ma[erials.
Signature
Date
Registration No.
Srnre of North Carolina I Emironmentel Qualiry
1617 Mail Service Center I Ralelgh, North Carolina 27699-1617