HomeMy WebLinkAbout20161210 Ver 1_Certification of Completion_20180430Environmental
Qua(ity
PAT MCCRORY
c�ocemor
DONALD R. VAN DER VAART
tiecreran
JAY ZIMMERMqN
�7u�R olreca,r
December 20, 2016
Rowan County
NCDWR Project No. 20161210
Brid�e 3�3 on SR 1349
WB$ Project No. 176P.9. R.62
APPROVAL of a01 WATCR QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss
NCDOT. Division 9 Environmen[al Officer
37i Silas Creek Parkway
Winston Salem, NC 27137
Dear Ms. Euliss:
You have our approvaL in accordance with the conditions listed below, for the following impacts tor the purpose of
replacing Bridge 3�3 on Turkey Road (SR 1349) over UT Yo Coldwater Creek [(13-17-9-a-(I)] in Rowan County
with a double-bartel bos culvert.
Permanent �ill in
Perennial Stream
Site (linear ft)
Culvert r Bank
Is in the Yadkin Pee Dee River I3asin
Temporary Fill in
Perennial Stream Total Stream
Impact
piuear ft) (linear ft)
Dewatering
40 � 74 I 14 � I?8
ao �a ta tzs
Total Stream Impact for Projech 128 linear feet.
Stream Impacts
Requiring
M itiga tion
Qinear f[)
The project shall be constructed in accordance wi[h your application dated received December 7, ?OI6. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certitication corresponds to the Nationwide Permit 14 issued by the Corps of Engi�eers. In
addifion, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Crosion Control, Non-Dischar�e and Water Supply Watershed regulations. This
approval will expire wi[h the accompanying 404 pertnit.
This approval is valid solely for the purpose and design described in your application (unless inodified below).
Should your project chanee, you must notify the NCD W R and submi[ a new application. Ifthe property is sold, the
new owner must be given a copy of this Certification and approval Ietter, and is thereby responsible for complyin�
with all the conditions. If total wetland fills tor this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed I i0 linear feet, compensatory mitigation may be required as
described i� 15A NCAC ?H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
mnditions listed in the attached certification(s) and any additional conditions listed below.
- �'Natliing Compares =- .
State ofNorth Carolina I Cnvimnmental Qualiry
151 I Mail Servim Centor I Raleigh. North Carolina 27699-161 I
91 `I-i07-9ii0li
Condition(s) of Certification:
Project Specific Conditions •
1. 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 culvert shall be designed to mimic natural stream cross section as closely as possible including pipes
or bazrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be
avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
[15A NCAC 02H.0506(b)(2)]
3. 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. [I SA NCAC 02H.0506(b)(2)]
4. For the 14 linear feet of sheams being impacted due to site dewatering activities, the site shall be graded to
its prewnstruction contours and revegetated with appropriate native species. [i5A NCAC 02H.0506(b)(2)]
5. 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)]
General Conditians
I. 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 culveds 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 suuctures 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 downsheam of the above sh-uctures. 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 o[her limiting featwes encountered during wnstruction,
please contad 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)]
2. If concrete is used during construction, a dry work area shall be maintained to preventd'vect contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be dischazged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ISA NCAC
02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.,
or protected ripazian buffers. [ 15A NCAC 02H.0506(b)(2)]
4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified.
Distutbed floodplains and streams shall be res[ored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. 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)]
6. 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)]
7. 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 watec [15A
NCAC 02H.0506(b)(3) and (c)(3)]
8. 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 sheam. [15A NCAC 02H.0506(b)(3)]
9. 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)]
10. 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)]
11. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
12. Th0 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 Clea� Water Act) and any
other appropriate requirements of State and Federal law. If the NCDWR determines that such standazds or laws
aze 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 aze necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by Ihis certiPication. [15A NCAC 02H,0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing or flagging 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]
16. 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 govemment agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation conhol requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
oFdiscovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or appointee) 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]
19. Native riparian vegetation must be reestablished in the riparian areas within the consWction limits of the project
by the end of the growing season following completion of conshvction [15A NCAC 02H.506(b)(3)]
20. 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
conshuction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standazds [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. 1'he erosion and sediment conh�ol measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sedrment and Erosion Control
Planning and Design Manual.
b. The design, installation, operatioq and maintenance of the sediment and erosion control measures must be
such [hat they equal, or exceed, the requ'vements specified in the most recent version of the North Carolrna
Sediment and Erosron 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 CaroNna Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accotdatice with the
requirements of the Sedimentation Pollurion Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A 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 [he office of Administrative hearings. You must file the petition
with the office of Administrative Heazings 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 Hearings accepu filings Monday Uvough 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 Heazings within five (5) business days following the fa�ced hac�smission.
The mailing address for the Office of Administrative Heazings 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 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. If you
have any questions, please contact Dave Wanucha at (336)776-9703 or Dave. Wanucha@ncdenr.gov.
Sincerely,
���� � ��
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Envrronmenta!
Quality
[YCDWR Project Na: 20161210
Applicant: NCDOT Division 9
Project Name: Bridge 353 on SR 1349
PAT MCC�iORY
CiC,v�rnuf
DC?1VALD R. VAN �ER VAAR"1"
ticcret<tr}�
�aY z1�tn�E�m,aN
1�11 K Uircclna
County: ROwan
Aate �f Issuance oi 401 Water Quality Cerkification: _ DeCember' 20, 2016
Certificate af Com�lekion
Llpon completian of all work approved within the 401 Wazer Quality Certific.atian or applicable Buffer Rules, and
any subse�quent modifications, the appficant is required to returr� this certificate to th� 401 Transportatiar� Permitting
Unit, Noe-th Carolina Division r�f Water Resources, ]b17 Mail Se�-vice Center, Ralei�h, T�V�, 27699-1617. `T�is form
may be ret�rned ta NC�WR by the applicant, the applicant's authorized a�ent, or th� praject engineer. It is not
necessary to send certif cates from al� of these.
Applicant's Certrfcatian
�, Amy Euliss , hereby state that, to the best a�'my abilities, due eare and dili�ence
was used i� tk�e observation of the constructian suc� that the construction was observed to be bu�lt within substantial
compliance and intent oithe 401 Water Quality Certifcat�on and Buffee Rules, the approved plans and
specificat�ons, d otller supporting materials.
Sianature: �✓'' ��� Date: April 30, 2018
� —
Agent's Certifrcatinrr
1, , hereby state th�t, to the best of rr�y aMilities, due care and diligence
�ras used in tfie observation of the constbuction such that the corestruction was observed to he built within substantial
compGiance and intent of the 40l V+Jater Quality Certiticatian ar�d Buffer Rules, the approved plans and
specitications, and otller supportin� niaterials.
Signat�are: Date:
Eng�rreer's Certifierrtia�r
PartiaV Final
I, , as a duly registered �rofessio��al �nbineer in the Srtate of North
Carolina, having been authc�rizzd to observe (period�cally, weekly, full tirs�e) the constr�ction af khe project for the
Pe�nittee heret�y state that, to the best of rny al�ilities, due care ��d dili�ence was used 'an the observa�ion o�the
canstruction such that the corostruction was al��erved to be �iuilt witl�in substantial compliance and intent of the 40 V
Water Quality Certitication and [iuff�r Rules, tl7e appraved �lans and specifications, ar�d oEher supporting tnaterials.
Sigroature
Date
Registration No.
r'N�,tiii�rg Cornpares'.--,
Slat� o1�N[arth Carolina I Enviroa�menta9 (�uality
161 I Mail Service Cent�r I Ral�igh. Nnrth Carolina 275�19-1fi1 l
�? I ��-7QF-9�r i�0l1
. _ ... s. _ -�.. � ., r � .. . . . -� i . � r� _ - .� � - - - . - - • �_.
;. .. . . .. . _
�+ n ! 'P�r.�_ � � � ' - �..,� �.i- _�_'- I
:: ra ,yt, :. _ .�� - -sT� - _� �'i� -_ _r - li
.�-� �ah`�s�- _ _ - ���. _ -