HomeMy WebLinkAbout20171428 Ver 1_Approval Letter_20180103ROY COOPER
tlrisr,�nor
MICHAEL S. REGAN
Jra'Nlnn'
Environmental LINDA CULPEPPER
Lvei�im Uire�Taa�
Quality
January 3, 2018
Onslow County
NCDWR Project No.20171428 reissue
Brid�e L34 on SR 1331
WBS # 17BP.3.R.48
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mason Herndon, Environmen[al Supervisor
NCDOT. Division 3
5501 Barbados Blvd.
Casde Hayne, NC 28429
Dear Mc Herndon:
This permit rescinds and replaces the permit issued on Novemberl3, 2017. 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
( White Oak River Road) in Onslow County:
Fill Excavation
(temporary) (ac)
(ac)
W2
� TOTAL � 0.008 � 0.110 I
Total Wetland Impact for Project: 0.154 acres.
in [he Whi[e Oak River Basin
Mechanized Hand Total
Clearing Clearing Wetland
(ac) (ac) Impacts
0.110
0.004
I mpacts
Requiring
Mitigation (ac)
I�I/•1
The project shall be constructed in accordance with your application dated received November 7, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4085. This certification corresponds to the Nationwide Permit 3 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 Wa[ershed re�ulations. This
approval will expire wi[h the accompanyine 404 permi[.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must no[ify [he NCDWR and submit a new applica[ion. 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 weNand fills for this project (now or in the fumre) exceed one acre, or of total
impacts to streams (now or in the fumre) exceed I50 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval [o remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Sta[e of North Carolina I Emironmental Quality
1617 Mail Service Center I Raleigh, North 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 Mairitenance 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
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)]
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 imal 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)]
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. Heary equipment shall be operated from the banks rather than in the stream channel in order to miriimize
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)(3j] '
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 ar 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 lie maintained with the Division
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) arid 15A NCAC 02H .0506 (b)(2) and
(�)(2)]
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)
haying 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 of the 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 tl�is
perinit 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
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 Plannrng and Desrgn Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requ'vemenu specified in the most recent version of the
North Carolina Sediment and Erosron Condol Manual. 7'he devices shall be maintained on all
construction sites, bonow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. Far 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
Minrng 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 Certificadoa [15A NCAC 02H.0506(bx3) and (cx3)]
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 the office of Adminishative 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
Administrative 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 [he 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) 431300Q 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
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any quesrions, please contact Joanne Steenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov.
Sincerely, �
� �� ��� �
Lind�pepper, Intenm Director
Division of Water Resources
Electronic copy only distribution:
Bmd Shaver, US Army Corps of Engineers, Wilmington Field Office
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Joazu�e Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
En vironmen ta I
QGQ�Iij�
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuance of 901 Water Quality Certification:
County:
ROY COOPER
c;u,�rn�,or
MICHAEL S. REGAN
.Secrerarr
LINDA CULPEPPER
huerim Direcmr
Certificate of Completion
Upon completion of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Pennitting
Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleieh, NC. 27699-1617. This form
may be retwned ro NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
,9pplicanYs Cerlificatian
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the conshuction 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 materials.
Signature: Date:
AgenPs Certificalion
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 Certification and Butler Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Cenificatiai
Partial Final
�, , as a duly registered Professional En�ineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) [he construction of [he projec[ for [he
Permittee hereby s[a[e that, ro the best of my abilities, due care and diligence was used in [he observation of the
construction such that the construction was observed to be built within substantial compliance and inten[ of [he 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Re�isvation No.
Sta[e o(North Carolina I Envimnmental Quality
1617 Mail Serv�ce Center I Raleia.,ji. North Carolina 2 7699-1 6 1 7