HomeMy WebLinkAbout20180265 Ver 1_Approval Letter_20180228E'n viron men tu I
Quality
ROY COOPER
<;o�rrnoi�
NllCHAEL S. REGAN
Srrrtr�a'r
LINDA CULPEPPER
i„����r,�, �,n�.���„�
February 28, 201 S
Scotland/Bladen Counties
NCDWR ProjectNo.20180365
Dixie/Bladenboro/G Arcadia Storage Siding Track
TIP No. G56006A
APPROVAL of 401 WATER QUALITY CERTIFICATIOIV with ADDITIONAL CONDITIONS
Mr. Brad Smythe, PE
Project Development
I �56 Mail Service Center
Raleigh, NC 27699
Dear Mc Smythe:
You have our approval, in accordance with the conditions listed below, for the following impacts to rcplacc
the esisting 4-span bridge �vith a continuous span brid�e over Little Creek in Scotland County:
Wetland Imnacts in
0.38
0.13
0.51
Total
0.21
0.07
0.28
Total Wetland Impact for Project: OJ9 acres.
0.59
0.2
0.79
The project shall be constructed in accordance with your application received February 23, 2018. After
reviewing your application, it has been determined thatthcsc impacts are covered by General Water Quality
Certification Number 4140. This certitication corresponds to the Nationwide Permit 33 issucd by the Corps
of F.ngineers. In addition, you should acquire any othcr 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 e�pire with the accompanyin� 404 pennit.
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. Iftotal wedand fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) e�ceed 300 linear feet, compensatory
mi[iga[ion may be required as described in 15A NCAC ZH .0�06 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the certification and any additional conditions
listed below.
='%'Nothing Compares'-.�
Smte ol North Camlinn' Em�ironmental Qualitc
I(.17Aimlti�niccC.nicr Ral;rv�h'�onhC�mlin;i`_7t+t9-I61�
Conditions of Certification:
Project Specific Conditions
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)]
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)]
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 NCS000250 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)]
5. No drill slurry or �vater 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 the top of bank. This condition can be waived
with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)]
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)]
8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 2B.0267]
General Conditions
As a condition ofthis 401 Water Quality Certification, the bridge demolition 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. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed. [15A NCAC 02H.0506(b)(2)]
3. 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)]
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. 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)]
6. 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)]
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap 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)]
8. 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)]
9. 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)]
10. 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)] �
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fiiels, lubricants, hydraulic fluids, or other toxic
materials. [15A NCAC 02H,0506(b)(3)] .
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification. [1 SA NCAC 02H.0506(b)(3)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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]
15. 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)]
16. A copy ofthis 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)]
17. 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 otllerwise authorized by this certification. [ 15A NCAC
02H.0501 and .0502]
18. 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.
19. 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)]
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the
, NCDOT Division Engineer (or whomever is tlle authorized agent if a non-NCDOT project) 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]
21. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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)]
22. 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 constr.uction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. 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 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
Sedinzent 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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certi[ication you must file a petition for an
administrative hearing. You may obtain thc petition form from the office of Administrative hearings. You
must file the petition with thc office oC Administrativc Hcarings within sisry (60) days of receipt of this
notice. A petition is considcred filed when it is received in the office of Administrative Hearings during
normal office hours. The Office of Administrative Ilearings accepts filings Monday through Friday
between the hours of 8:OOam and S:OOpm, escept for official state holidays. The original and one (1) copy
of the petition must be filed widi the OCfice of Administrative Hearings.
Che petition may be faxed-provided the original and one copy of the document is received by the Oftice of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Oftice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 43I-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Gnvironmental Qualiry
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 qucstions, pleasc contact April Norton at 919-707-91 I 1 or April.Norton�r ncdenr.�.
incerely,
�� � l
` /�� �r� � ,
1.inda Culpepper, 1 terim Director
Division of Water Resources
Electronic copy only distribution:
Andy W illiams, US Army Corps of Engineers, Ralei�h Field Office
Anamika I,aad. NCDOT. Senior Rail Project Development Engineer
Art King, Division 8 Environmental Oflicer
April Norton, NCDWR, Central Office
Pile Copy
Environmentul
QUQ�Ify'
NCDWR Project No.: _
Applicant _ _ _ _
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gorrrnoi�
MICIIAEL S. REGAN
Sro�riur'r
LINDA CULPEPPER
lnrrrinr l)irt�rrur
Certificate of Completion
Upon completion of all work approved within the 401 Water Quali[y Certitica[ion or applicable Buffer Rules, and
any subsequent modifica[ions, [he applican[ is required to re[um this certifica[e to Ihe 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cenrer, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant"s authorized agent, or Ihe project engineer. It is not
necessarv [o send certificates from all of these.
Applicant's Certification
1, _ , hereby state that, to the best of my abilities, due care and diligence
was used in [he observation of the construction such that the construc[ion was observed to be buil[ within substantial
compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and other supporting materials.
Signature: _ _ __ _ Da[e:
AgenYs Certifrcatiott
I, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observa[ion of [he cons[ruc[ion such that the construc[ion was observed [o be buil[ within substantial
compliance and intent of Ihe 401 Water Quality Certitication and Buffer Rules, [he approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
Eirgineer's Certifica�ion
Partial Final
1, , as a duly re�istered Professional Engineer in the State of North
Carolina, having been au[horized 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, the approved plans and specifications, and other supporting materials.
Signature _
Da[e
Registration No.
�'�'Nothing Compares =�
S�ete nl Nnrth Cnrulinu � I�:m'irunmenlW Quulit�
1017 ,biml San ice Ctnitr, R�Icigh_ �orth (�arohn,i'_'a�n�_Il.17