HomeMy WebLinkAbout20180725 Ver 1_Approval Letter_20180622Environmenlul
Quoliry
ROY COOPER
Governar
MICHAEL S. REGAN
srr,��������v
LINDA CULPEPPER
Imerim Direclnr
June 2?. 2018
Columbus County
NCDWR Project No. 20180725
Bridges 222, 226, 228 and 230 on
SR I700
TIP No. B-4479
APPROVAL of �01 WATER QUALITY CERTIFICATION wi[h ADUITIONAL CONDITIONS
Mr. Jim Rerko, PWS, Division Environmental Officer
NCDOT, Division 6
558 Gillespie Street
Fayetteville, NC 28302
Dear Mr. Rerko:
You have our approval, in aceordance with the conditions listed below, for the following impacts for the purpose of
replacin� brid�es 230222, 230226, 230228 and 230330 over Red Hill Swamp in Columbus County on SR 1700
(Red FIiII Road).
Si[e
16+90/47+Z0-L-LT
18+25/47+10-L-RT
Wetland Imoacts in the
Total
Fill Fill Excavation Mechanized Hand We[land
(ac) (temporary) (ac) Clearing Clearing Impact
0.220 0.470
0.580 I,010
Total Wetland Impac[s for Project: 1.590 acres
1 •11
I m pacts
Requiring
Mitigation
N/A
N/A
The project shall be constructed in accordance wi[h your application dated received May 24. 2018 and additional
information received on June 13, 2018. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certifica[ion Number 4140. This certification corzesponds to the Nationwide
Perniit 23 issued by the Corps of Engineers. In addition, you should acquire any other federal, sta[e or local pertni�s
before you proceed with your project includine (but not limited to) Sediment and Erosion Control, Non-Discharge
and Wa[er Supply Watershed regulations. This approval will expire with [he accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your projec[ change, you mus[ no[ify the NCDWR and submit a new application. If [he property is sold, [he
new owner must be Qiven a copy of this Cenification and approval letter, and is thereby responsible for complying
with all the conditions. If totai wetland fills for this project (now or in the future) exceed one acre, or of rotal
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in I SA 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 Certifica[ion:
Sm[e of North Camlina I Envlronmental Qualiry
i 617 Mail Service Center I Raleigh, North Carolina 27699-1617
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)]
3. 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)]
4. 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)
5. 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)
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 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)]
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. 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)]
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)(3)]
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 or 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 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
��)�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)
having 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
o2x.oso2� fl�
19 Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project
• by the end of the growing season following completion of construction. .[ 15A NCAC 02H.0506(b)(2)]
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 consfizction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21 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 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 requiremenu 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 wntractorvowned or
leased borrow piu 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 Manval.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution 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(b)(3) and (cx3)]
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 heatings. 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 tivough Friday between the hours of S: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.
7'he 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 fa�ced hansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699fi714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mc 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 questions, please contact Joanne S[eenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov.
Sincerely,
I �' ^'
inda Culpepper, Interim irector
Division of Water Resources
Electronic copy only distribution:
Liz Ha'v, US Army Corps of Engineers, Wilmington Field Office
Beth Harmon, Division of Mitigation Services (only if DMS Mitigation proposed)
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
Environmen tal
Quality
NCDWR Project No.:
Applicant
Project Name:
Da[e of Issuance of 401 Water Quality Certification:
Coun[y:
ROY COOPER
� r�» �,-�„�„�
MICHAEL S. REGAN
�1,�r.ran�i
LINDA CULPEPPER
l�)IP�'iiu Un'ec'« n'
Certificate of Completion
Upon completion of all work approved within the 40I Warer Qualiry Certitication or applicable Buffer Rules, and
any subsequen[ moditica[ions, the applican[ is required to retum this certificate to the 401 Transporta[ion Pemiitting
Unit, North Carolina Division of V✓ater Resources, 1617 Mail Service Center. Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicanL the applicanl's au[horized agen[, or [he projec[ engineer. It is not
necessary ro send certificates from all of these.
4pplicanl's Cerlifrcation
�, , 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 bailt within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Cerlifica7iott
I, , hereby statz that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such [hat [he construction was observed [o be buil[ within substantial
compliance and inrent ofthe 401 Water Qualiry Certification and 6uffer Rules, the approved plans and
specifica[ions, and other supporting materials.
Signature:
Engineer's Ceaifreulion
Partial Final
�, , as a duly registered Professional Engineer in the Sta[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for fhe
Permittee hereby state Ihat, to the best of my abilities, due care and dili�ence was used in the observation of the
consvuction such dia[ [he construc[ion was observed to be buil[ within substan[ial compliance and in[ent of the 401
Warer Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
3[ate ul Nonh Carolina � Envuonmw[al Qualiiy
I GI7 Mail tien�ia Center I Ralzieh, North Carolina 27699-1617