HomeMy WebLinkAbout20180148 Ver 1_Approval Letter_20180221ROY COOPER
Gore��nur
MICHAEL S. REGAN
.sroe�tru�r
LINDA CULPEPPER
El1Vf/'OAl11P/liQ� ln(erim DireUor
Q!1 Q�I i}�
February 21, ?018
Columbus County
NCDW R Project No. 20180148
NC 214 (Sam Potts Highway)
STIP # B-5699
APPROVAL of 401 WATER QIIALITY CERTiFICATION, wi[h ADDITIONAL COND[TIONS
Mr. Jim Rerko Division 6 Environmental Officer
NCDOT, Division 6
500 Transportation Drive
Fayetteville, NC 28301
Dear Mr. Rerko:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing Bridge 230068 in Columbus Coim[y:
Site
Stream Im a�
Permanent Temporary
Fill in Fill in
[ntermittent Intermittent
Stream Stream
(linear ftl (linear ftl
in the Lumber River Basin
Permanent Temporary
Fill in Fill in
Perennial Perennial
Stream Stream
1 82
2 118
TOTAL 82 I 1�8 I I
Total Stream Impact for Project: 200 linear feet.N/A
Site
�
�
0
Wetland Imoacts in the Lumber River Basin
Total
stream
1 m pacts
linear f
82
118
200
Fill Fill Excavation Mechanized Hand
(ac) (Temporary) (ac) Clearing Clearing
l0
� TOTAL � 0.0230 I � OA10
Total WeHand Impact for Project: 0.360 acres.
0.12
State ol'North Carolina I�mironmental Quality
1617 Mail Servia Centzr I Raleigh, Nonh Carolina 27699-16U
Stream
Impacts
Req ui ri ng
Mitigation
N/A
N/A
Tota I 1 m pacts
Wetland Requiring
Impacts Mitigation
0.?30
0.010
0.12
N/A
N/A
The project shall be constructed in accordance with your application dated received January 13, 2018.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 4132. This certification corresponds to the Nationwide Permit 3(NWP 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 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. 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 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 150 linear feet,
compensatory mitigation may be required as described in 15A 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.
Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and
essential staff understand the potential issues with stream and pipe alignment at the permitted
site. NCDWR stafF shall be invited to the pre-construction meeting. [15A NCAC
02H.0506(b)(2) and (b)(3)
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)]
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. 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)]
No drill 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)
6. 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 th.e top of. bank. This condition
can be waived with prior approvat from the NCDWR. [15A NCAC 02H .0506(b)(3)
7. 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 �
8. Unless otherwise approved in this certification, placement of culverts and other structures in
open waters and streams sliall 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)]
9. 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]
10. 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)]
11. 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)]
12. 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 streain channels in such a manner that it
does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)]
13. 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)]
14. 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 )]
15. 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)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
19. 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]
20. 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)]
21. 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)]
22. 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]
23. 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.
24. 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)]
25. 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]
26. 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)]
27. 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)]
28. 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) ancl (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.
29. 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. Sam M. Hayes, 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 questions, please contact Joanne Steenhuis at (910) 796-7306 or
j oanne. steenhuis@ncdenr. gov.
Sincerely,
� �
Linda C epper,lnteri Director
Division of Water Resources
Electronic copy only distribution:
Liz Hair, US Artny Corps of Engineers, Wilmington Field Office
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
Environ m en ta I
Qualiry
NCDWR Project No.:
Applicant: _
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
c�>,���,��„�
MICHAEL S. REGAN
s� ��r,�r�n,�
LINDA CULPEPPER
hrrrrim UireAar
Certificate of Completion
Upon comple[ion of all work approved wi[hin the 401 Water Quality� Certification or applicable Buffer Rules, and
any subsequent moditications, the applican[ is required to return this cenificate to the 401 Transportation Permittine
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cemer, Raleigh. NC, 27699-1617. This tbrm
may be returned to NCDW'R by the applicant, the applicant's authorized ageN. or the project en�ineer. It is not
necessary [o send certitica[es f'rom all of these.
Applicnnl's Certifcafiar
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 in[en[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
speciflcations, and other supportine materials.
Signa[ure: _ Da[e:
Agewl's Cerfificnlion
�, , hereb}' sta[e [hat, ro the best of my abilities. due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substan[ial
compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signamre: Date:
Engi�ieer's Cerlrficalion
Partial Final
I, . as a duly registered Professional Engineer in the 5[ate of North
Carolina, having been au[horized [o observe (periodically, weekly. full time) the cons[ruction of the project for [he
Pemiittee hereby sta[e tha[. [o [he best of my abilities, due care and dilieence was used in the observa[ion of the
construction such ihat the construction was observed to be built within substantial compliance and intent of the 401
Wa�er Quality Certiticatiun and Buffer Rules, the approved plans and specifications, and o[her supporting materials.
Si�nature
Da[e
Re,istration No.
Slate o(North Carohna I Enciromncntul Quahty
Ihl7 Mail Sernm Centzr I Raleigh_ North Carolina 27fi99-1617