HomeMy WebLinkAbout20180095 Ver 1_Approval Letter_20180126Em�irunmen(ul
Quality
ROY COOPER
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MICIiAEL S. REGAN
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LINDA CULPEPPER
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Januarv 26. 2018
W'arren Couniy-
NCDWR Project No. 2018009j
Brid,e 139 on NC 90 �
S[ate Project No. I �BPR.2
APPROVAL ofa01 W:1TF:R QL'.4LITY CEItTIFICATION, (NF,USE/T.AR-
PAMLICO/CATAWBA/RANDLEMAN) RUFFER AUTHORIZATION,anJ ISOLATED WETLANDS
PERMIT Pursuant [o IWCPI00000 H�ith ADDITIONAL CONDITIONS
Mr. Jocy f�iopkins. RE.. Division Engineer
NCDOT, Division 5
3612 North Duke Stree�
Durham, NC 3770d
Dear Mr. Hopkins:
You have our approval, in accordance with the condi�ions lislcd below, for the following impacts for the purpose of
f3ridge and causcwa} repairs to NC 90+ al Lake Gaston in Wamn Count��:
Total
Open Water (Lake) Impacls in [he Roa
Bank ti[abilization to Ooen Waters (acl
0.07
0. I I
0.21
To[al Open Water Impact for ProjecL• 0.21 acres.
River Basin
Total Impact to Open Waters
0.06
0.07
0. I I
0.2J
The project shall bc constructcd in accordance H�ith }�our applica[ion received January'_?. ?018. After reviewing
your application, we have decided tha[ these impacts are covered by General Water Quality Certification Number
4133 and 4134. This certitica[ion corresponds to [he Natiomvide Permits � and I� issued by Ihe Corps of Engineers.
In addition, ��oti should acyuire any o[her federal, sta[e ur lucal pemii[s belore }�ou proceed with your project
including (but not limited to) Sediment and F.rosion Con[rol, Non-Discharee and Water Supply Watershed
re�_ulations. This approval w�ill e�pire with the accompanying -10d permit.
This approval is valid solely tor ihe purpose and design described in your application (unless muditied below).
Should your project change, you must notif� the NCDWR and submit a n�w application. Ifthe property is sold. [he
new owner must be given a cop�� of this Certification and approval letter, and is thereby responsible for complying
with all �he conditions. If total wedand tills Ior this project (now or in the tiiture) exceed one acre, or of total
impacts to streams (noti� or in the future) esceed I i0 linear leet, compensatorv tnitigation may be required as
dzscribcd in I iA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditiuns listed in the General Certitications and any additional conditions listed 6elow.
Conditions of Cer[ification:
L As a condition of this 401 14'ater Quali�p Certifica[inn, the brid,e work must be accomplished in strict compliance
wi[h [he mos� recent version of NCDOT's Bes[ Managemen[ Prnctices for Construction and Maintenance Activities.
jI>A NCAC 0_'H A507(d)�2) and ISA NCAC 02H .0�06(b)(5)J
til:ae uf Vurlh Carolina Cnurunmemai pualm
I b I � Mail Scn�ict Ccnter I Ralcigh. North Carol ina'_7hiW- I b 17
2. No slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3) ]
3. A turbidity curtain will be installed in the lake for work occurring in surface waters, 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)
4. 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)
5. 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]
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 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)]
8. 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)]
9. Discharging hydroseed mixtures and washing out hydroseeders and other eGuipment in or adjacent to surface waters
is prohibited. [15ANCAC 02H.0506(b)(3)]
10. 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] '
I 1. 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)]
12. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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]
13. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, o'r 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.
14. 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)]
15. 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(�]
16. 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)]
17. 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. [ I SA NCAC 02H.0506(bx3) and (c)(3)]
18. 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 [ISA NCAC 02H.0506(b)(3) and (c)(3)]:
a. The erosion and sediment conhol measures for the project must be designed, installed, opereted, and
maintained in accordance with the most recent version of the North Carofina Sedrment and Erosron
Contro! 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
Carolrna Sedrment 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 pits
associated with the project.
a 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
requiremenu of the Sedimentation Pollution Control Act.
19. Sediment and erosion control measures shall not be placed in wedands or surface waters, or within 5 feet of the top
of bank, without prior approval from DWR. [ I SA NCAC 02H.0506(bX3) 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
Adminisuative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Adminish'a[ive Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Adminishative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
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 Rob Ridings at 919-707-8786.
Sincerely,
�'"� v �� -Y %o'
�irn Linda Culpepper, lnterim Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Specialist
File Copy
Environmen tul
Quality
NCDWR Project No.:
Applicanl:
Project Name:
Date of Issuance of 401 Water Quali[y Certification:
co��cy: _
ROY COOPER
�;�,rF��,r„��
MICHAEL S. REGAN
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LINDA CULPEPPER
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Certificate o(Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Bufler Rules, and
any subsequent moditications, the applicant is required to rewrn this certiticate to [he 401 Transporta[ion Permi[ting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, �7699-1617. This fonn
may be re[urned to NCDWR by the applicant, the applican['s aulhorized agent, or the project engineer. It is no[
necessary to send certifica�es from all of these.
ApplicaiPs Cerliftca�iniv
I, , hereb}� state �hat, ro �he best of my abilities, due care and diligence
was used in the observation of the construction such that �he construction was observed to be built within substantial
compliance and in[ent of the 401 Wa[er Quality Certihcation and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signamre: Date:
Ageir�'x Certiftcutia�
I, , hereby s[ate that, to the best of my abilities, due care and dilioence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and inten[ oFlhe 401 Water Quality Certification and I3uffer Rules, the approved plans and
specitications, and other supporting materials.
Signature:
Engiieeer's Cerlificulioe
Partial Final
Dare:
I, , as a duly registered Professional En�ineer in the S[a[e of North
Carolina, having been authorized [o observe (petiodically, weekly, full time) [he construction of the projec[ for [he
Permittee hereby state that, to the best of my abili[ies, due care and diligence was used in the observation of the
construction such [hat the construction was observed [o be buil� within substantial compliance and inten[ of the 401
Wa[er Quality Certification and Butizr Rules, lhe approved plans and specifications, and other s�pportino materials.
Si�na[ure
Date
Registration No.
Statc ol Nonh Carolina I Fncironmrntal Quality
I nl 7 Mml Scrvicz Cznrer i Haleigh. Nonh Carolina P69V-1617