20090109 Ver 1_Approval Letter_20090617

NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
(;nvprnnr nirpntnr
Natural Resources
Dee Freeman
Secretary
June 17, 2009
DWQ# 09-0109
Stanly County
Dr Gregory J. Thorpe, Ph.D., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions, Replacement of Bridge
No. 99 over Long Creek on SR 1968 (Hartsell Road), TIP No. B-3909
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 90
linear feet (If) (stream relocation) and temporarily impact 45 (stream relocation) If of an unnamed tributary to Long Creek,
an intermittent stream, and to temporarily impact 49 If (temporary causeway) of Long Creek, a perennial stream. Impacts
are associated with the replacement of an existing, deteriorating bridge with a new bridge as described in your application
and subsequent revision received by the Division of Water Quality (DWQ) on February 4, 2009, and June 4, 2009,
respectively. "Sherlocation of the project.is SR 1968 (Hartsell.Road)iii-Stanly:County.,-After reviewingycur-application,.we
have determined that this project is covered by Water.Quality General Certification.,Numbers3688 and 3701. Please note
that you should get any.other federal,.state,or local permits before proceeding withyour,project,.including those required
by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This
approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, or
if 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 those listed below'
Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of this 401 Water Quality Certification.
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 scourholes, vegetated buffers, etc.) before entering
the stream.: Please refer to the most current version of Stormwater Best Management. Practices.
3:-- All channel relocations will be constructed. in a dry..work area.and,stabilized before stream flows are diverted.-Channel
"Peldcationswill be'completed and stabilized,,andtmust.be approved on site by NCDWQ•staff, prior to diverting water into
`-the-new channel` Wheneve6possible, channel. relocations shall be allowed to stabilize for an.entire growing season,
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone. [phone] Fax: (704) 6"03-60401 Customer Service: 1-877.623-6748 NQTtt1CaPQt lna
Internet: vnxw.ncwaterquallty.org _ ??n??/N? /??
An Equal Opporunity l Affirmative Action Employer -50%RecyclecOPb Post Corsu mer paper `t [G `
Dr. Gregory J. Thorpe, Ph.D.
Page Two
Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. All stream banks shall be matted with coir fiber matting. Also, riprap may be allowed if it is necessary to
maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of riprap coverage requested
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.
5, 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
NCDWQ first.
6. 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.
7. The post-construction removal of the temporary causeway must return the project site to its preconstruction contours
and elevations. The impacted areas shall be revegetated with appropriate native species.
8. The use of riprap above the normal high water mark shall be minimized. Any nprap placed for stream stabilization shall
be placed in stream channels in such a manner that it does not impede aquatic life passage.
9. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification 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.
10. The permittee shall report any violations of this certification'to the Division of Water Quality within 24 hours of discovery.
11. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification 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.
12. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation
and reduce the introduction of other pollutants into the stream.
11 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
14. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can
be provided.
15. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
16. 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 the 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.
17. The dimension, pattern and,profile .of thestream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to.natural geomorphic conditions.
18. 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.
Dr. Gregory J. Thorpe, Ph.D.
Page Three
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 2:1, unless otherwise authorized
by this certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited. . . ... _ - _ ... .
21. A copy of this Water Quality Certification shall be posted 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.
22. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing
season following completion of construction.
23. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and
the natural grade restored within 30 days after the Division of Land Resources has released the project.
24. 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:
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.
25. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not excavate, fill or
perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification (e.g., no work shall occur
outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal into
jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs,
compensatory mitigation may be required since it is a direct impact from road construction activities.
26. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please include
photographs upstream and downstream of the structure to document correct installation.
27. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state water quality
standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other
appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions
.
appropriate to, assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d).
Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public notice in accordance witl '
15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 21-1.050d. Any new or '
revised conditions shall be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
Dr. Gregory J. Thorpe, Ph.D.
Page Four
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 67.14 Mail Service Center, Raleigh, N.C.
27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. 'If you have any
questions' please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699.
4 incerely,
1.6K---
forColeen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Erin Cheely, NCDOT PDEA
(Sonia-Gregory?DWQ Wetlands Unit
File Copy