HomeMy WebLinkAbout20171427 Ver 1_Approval Letter_20171205ROY COOPER
Gurernnr
MICHAEL S. REGAN
J'eeremrr
Environmenlul LINDA CULPEPPER
QL/�Iliy Lvrrim Uirrclur
December 5, 2017
Bert�ie County
NCDWR Project No. 20171427
Bridge No34
State Project No. 176P.I.R.84
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Clay Willis
NCDOT, Division I
118 Airport Drive
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the conditio�s listed below, for the following impacts for the purpose of
replacing Bridge No. 34 over Eastmost Swamp on SR 1361 (Jeff White Rd) in Bertie Counry:
Wetland Im acts in the Chowan River Basin
Wetlands Wetlands Wetlands
Site Fill (ac) Excavation Hand Clearing
ac (ac
I 0.01 <0.01 0.0>
Z <0.01 <0.01 0.04
3 <0.01 -- 0.03
4 0.03 <0.01 0.03
Total 0.04 <0.01 0.15
Net Total 0.20
The project shall be construcced in accordance with your application dated received November 6, 2017 and
additional information received November 30, 2017. After reviewing your application, we have decided that these
impacts are covered by General Warer Quality Certitication Number 4085. i his certification corcesponds to the
Nationwide Permi[ 3 issued by the Corps of Engineers. In addition, you should acquire any o[her federal, sta[e or
local permits before you proceed with your project includin� (but not limited to) Sediment and Erosion Control,
NomDischarge and Water Suppty Watershed regulations. This approval will ehpire with the accompanying 404
permit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your projec[ change, you must notify the NCDWR and submi[ a new applica[ion. If [he property is sold, the
new owner must be given a copy of this Certitication and approval letter, and is thereby responsible for complying
with all [he conditions. If total wetland til Is for this project (now or in the fumrej exceed one acre, or of total
impacts to streams (now or in the future) exceed I>0 linear feet, compensatory mitigation may be required as
described in ISA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere ro the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certificafion:
The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
re�ulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and federal) having
jurisdiction, includine but not limited ro applicable buffer rules, stormwater mana,ement rules, soil erosion and
sedimentation control requirements, etc.
State ofNorth Carolina I Environmenml Quality
1617 Mail Serv'ice Ccnitr � Ralzigh, North Carolina 27699-16U
2. 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)]
z �
3. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or
vibration techniques) prescribed by the North Carolina Division of Coastal Management (DCM) Fisheries. No in-
water work is permitted between February 15 and June 30 of any year, without priar approval from the NC Division
of Water Resources and DCM Fisheries. In addition, the permittee shall conform to the NCDOT policy entitled
"Stream Crossing Guidelines far Anadromous Fish Passage (May 12, 1997) at all times.
4. 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]
5. 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]
6. 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)]
7. 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)]
8. 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)]
9. 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 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.
10. 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)]
11. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
12. 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)]
13. 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)]
14. 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)]
15. 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)]
16. 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 NCS0000250, 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)]
17. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
18. 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)
19. 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)
20. 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)]
21. 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)]
22. 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(b)(2)]
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
24. 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]
25. 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)]
26. 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 Certifcation has been completed. [15A NCAC 02H.0502( fl]
27. 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)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrarive
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 faued-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 fallows:
Mr. Bill F. Lane, General Counsel
Departrnent of Env'vonmental Quality
1601 Mail Service Center
This 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 Garcy Ward at (252)946-6481or garcy.ward@ncdenr.gov.
Sincerely, �
� l
�.
inda Culpepper, [nterim D'vector
Division of Water Resources
Electronic copy only distribution:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 2 Environmental Officer
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy
En viro�imen tu!
Qualrty
NCDWR Projec[ No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Go,rn,or
MICHAEL S. REGAN
.1'eereim�r
LINDA CULPEPPER
l��rt•rfur Uirectur
Certifica[e of Completion
Upon completion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to remm this certificate to the 401 Transportation Perniitting
Unit, North Carolina Division of Water Resources, 161 7 Mail Service Cenrer, Raleigh. NC, 27699-16I7. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not
necessary to send certificares from all of these.
Applica�i!'s Certifrrntion
l, , hereby state that, ro the best of my abilities, due care and diligence
was used in the observation of the construc[ion 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
specifica[ions, and o[her supporting materials.
Signature: Date:
Agenl's Cerlifrca(ion
I, , hereby s[ate that, to the bes[ of my abilities, due care and dilieence
was used in [he observation of the cons[ruction such that the cons[ruction was observed to be 6uilt wi[hin substan[ial
compliance and inten[ ofthe 401 Water Quality Certification and Buffer Rules, Ihe approved plans and
specifica[ions, and other supporting ma[erials.
Si�nature:
Engineer's Certifeation
Partial Final
I, , as a duly registered Professional En�ineer in the State of North
Carolina, havine been authorized to observe (periodicalty, 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 cons[ruction was observed to be buil[ within substantial compliance and intent ofthe 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signamre
Da[e
Regis[ration No.
State of Nonh Carolina I Fnvironmen[al Quality
1617 Mail Sernce Cznter � Ralei�, Nonh Carolina 27699-1 6 1 7