HomeMy WebLinkAbout20181195 Ver 2_Approval Letter_20181116ROY COOPER
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MICHAEL 5. REGAN
s�rna.Y
LINDA CULPEPPER
lrtlertm DYrMa
NOR7H CARtliINA
EnrL+oronentaf Quaftty
November 16, 2018
Davidson County
NCDWR Project No. 20181195 v2
Bridge 410 on SR 1844
WBS Number: 17BP.9. R.61
Revision [0 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss Division Environmental Officer
NCDOT, Division 9
375 Silas Creek Parkway
W inston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with the conditions and revised weNand impacts listed below, for replacing
Bridge 410 with another bridge over Leonard Creek on SR 1844 (Greensboro Street) in Davidson County. Origina!
Certifica�ion issued on September l 1, 2018.
Site
Stream Im acts in the Yadkin Pee Dee River Basin no revisions to im
Permanent Fill in Perennial Stream Temporary Fil� in Perennial
(linear ft) Stream (linear ft)
Fill I 13ank Stabilivation I Stabilization
- 179 -
Total Stream Impact for Projech 213 linear feet.
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Dewatering
34
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Rateigh. North Carolina 27699-1617
919707.9000
Stream lmpacts
Requiring
Mitigation
Qinear ft)
Wetland Im
Site Fill
(ac)
I <0.01
in the Yadkin Pec Dee River Basin
Mechanized Eacavation for
Clearing Utili[ies Temporarr Fill
(ac) (ac) (ac)
9 98 I 0.07 I<0.01 I 0.09
To[al Revised Wetland lmpact for Project: 0.17 acres �rounded)
WeUand
I m pacts
Requiring
Mi[igation
The project shall be cons[ruc[ed in accordance with your ori;inal application da[ed received Au�ust 28, ?018 and
your subsequen[ request for revision dated November S, 2018. After reviewing your application and existin�
Certification dated September I I, 2018, we have decided that the proposed revised impacts are covered by General
Wa[er Quality Certificatiun (GC) Numbers 4233 and 423d. These GCs correspond to US Anny Corps of Engineers
Nationwide (NW) Permi[s 12 and 13 respectively. In addition, you should acquire any other federal, state or lucal
permi[s before you proceed wi[h your project includin� (bu[ not limited [o) Sediment and Erosion Control. Nom
Dischar�e and Water Supply Watershed regula[ions. This approval will expim with the aaompanyin� 404 permit.
This approval is valid solely for [he purpose and design described in your application and subsequent revisions
related to impacts [o wedands as summarized above. Should your projec[ need to be revised again, you must notify
[he NCDWR and submit a new application. If the property is sold. the new owner must bc given a copy of this
Certification and approval letter, and is thereby responsible for complying with all the conditions. If rotal wetland
fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the tu[ure)
exceed 300 linear feet, compensatory mitieaYion may be required as described in I SA NCAC 2N .0506 (h) (6) and
('7). For [his approval to remain valid, you must adhere to the conditions listed in the attached certifica[ion(s) and
anv additional conditions listed below.
Condition(s) of Certifcation (no new Conditions):
Project Specific Conditions
I. The post-construction removal of any temporary bridee structures must return the project si[e to i[s
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [I SA NCAC 02H .0506(b)(2)
2. All work in or adjacent to stream warers shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Coostruc[ion and Maintenance Activities manual such as sandbags, rock
berms, cofferdams and other diversion strucwres shall be used to prevent ezcavation in Flowin, water. [ 15A
NCAC 02H.Oi06(b)(3) and (c)(3)]
3. As a condition of this 40I Warer Qualiry Certification, the bridge demolition and construction must be
accomplished in strict compliance widi the most recent version of NCDOT's Best Manaeement Practices for
Construction and Maintenance Activities. [ISA NCAC 02H A507(d)(2) and ISA NCAC 02H .0506(b)(5)]
4. Bridae deck drains shall not discharge direcNy into the streatn. Stormwater shall be directed across the bridoe
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes. ve�etated bufFers, etc.)
before entering the stream. [ I SA NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5).
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North Carolina Department of Environmental Quality �, Division of Water Resources
512 North Salis6ury S[reet � 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
General Conditions
I. If concre[e is used during construc[ion, a dry work area shall be maintained [o prevent direct con[act between
curing concrete and stream wa[er. Wa[er tha[ inadvertently contac[s uncured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic Iife and fish kills. [ 15A NCAC
02B.0200]
2. During [he construction of the project, no staging of equipment of any kind is permitted in waters of [he U.S.,
or protecYed riparian buffers. [ I SA NCAC 02H.0506(b)(2)]
3. The dimension, pattem and profile of [he stream above and below the crossing shall not be modified.
Disturbed Floodplains and streams shall be restored to na[ural geomorphic conditions. [ I SA NCAC
02H.0506(b)(2)]
4. 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.
[ISA NCAC 02F1.0506(b)(2)]
�. The Permittee shall ensure that [he tinal desi�n drawings adhere [o the permi[ and [o [he permit drawings
submitted for approvaL [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0�06 (b)(2) and (c)(2)]
6. Heavy equipment shall be operated from the banks ra[her [han in [he stream channel in order to minimize
sedimentation and reduce [he introduction of other pollutants into the stream [ I SA NCAC 02H.0506(b)(3)]
7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream wa[ers from fuels, lubricanls, hydraulic Iluids, or olher toxic ma[erials. [ISA NCAC
02H.0506(b)(3)]
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [ISA NCAC 02H.0506(b)(3)]
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [ I SA NCAC 02H.0506(b)(3)J
10. The pemiittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (induding 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 Stare or federal law is being
violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [ I SA NCAC 026.0200]
I 1. All fill slopes located in jurisdictional wetlands shall be placed a[ slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
12. A copy of this Water Quality Certification shall be main[ained on the construction site at alI [imes. In addi[ion, Ihe
Water Quality Certification and all subsequent modifications, if any, shall be inaintained with the Division Engineer
and the on-site projec[ manager. [I SA NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)]
13. The outside buffer, wedand 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. [I�A NCAC 02H.0501
and.0502j
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North Carolina Department of Environmental Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919707.9000
�—
14. The issuance of this certification does not erempt [he Permittee from complying with any and all statu[es, rules.
regulations, or ordinances that may be imposed by other government agencies ( i.e. local, state, and federal) having
jurisdiction, includine but not limited ro applicable buffer rules, stormwater manaeement rules, soil erosion and
sedimentation control requirements, etc.
I�. The Permittee shall report any violations of this certification ro the Division of Warer Resources within ?4 hours
ofdiscovery. [ISA NCAC 02B.0506(b)(2)]
16. Upon completion of the project (including any impacts at associated borrow or waste sires), the NCDOT Division
Engineer (or appointee) shall complete and retum the enclosed "Certification of Completion Fomi" to notify the
NCDWR when all work included in the 401 Certification has been completed. [liA NCAC 02H.0502(�]
17. Na[ive riparian vegetation must be reestablished in [he riparian areas widiin the wnstruction limi[s of the project
by the end of the growing season followine completion of constructioa [ I SA NCAC 02H.0506(b)(3) and (c)(3)j
18. There shall be no excavation from, or waste disposal into, jurisdic[ional wetlands or waters associated widi this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites.
be Iocated in wetlands or streams, compensatory mitigation will be required since tha[ is a direc[ impac[ from road
cons[ruction activities. [ISA NCAC 021-1.0506(b)(3) and (c)(3)]
19. Erosion and sediment control practices mast be in full compliance with all specific�tions goveming the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for [he project must be desioned, installed, operated, and
maintained in accordance with the most recent version of the North Corolino Sedrment and Erosio�v Con�rol
Plnnniivg and De.cign Muminl.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specitied in the most recent version of the North CnrolDtn
Sedime�vt and Erosion Comm! Manual. The devices shall be maintained on all construction sites, bortow
sires, and waste pile (spoil) projects, including contractor-owned or leased borrow pi[s associa[ed with the
project.
a For bortow pit si[es, the erosion and sedimen[ control measures must be designed, ins[alled, operated, and
main[ained in aceordance wi[h Ihe most recen[ version of [he North Curnlinu Staface A-finrng A4auual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentatiun Pollution Control Act.
20. Where placemen[ of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be
removed and the natural grade restored upon completion of the project � I iA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must tile a petition for an administrative
hearin�. You may obtain the petition form kom [he oflice of Administrative hearings. You mus[ file the peti[ion
wi[h the office of Administrative Hearin�s within sixty (60) days of receipt of this notice. A petition is considered
filed when i[ is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filin�s Monday through Friday between the hours of 8:OOam and S:OOpm, except
for ofticial state holidays. 'ihe ori�inal and one ( I) copy of the petition must be filed with the Office of
Administrative Hearin�s.
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:
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North Camlina Department of Environmental Qualrty I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Cen[er I Raleigh. North Carolina 27699-1617
919.707.9000
Office of Admi�istrative 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:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Wa[er Act. If you
have any questions, please contact Dave Wanucha at (336) 776-9703 or dave.wanucha@ncdenr.gov.
V � Incerely, � .
�
� �j�� �
Lin Culpepper, I enm Director
Division of Water Resources
Elecuonic copy ovly distribution:
Brian Roden-Reynolds. US Army Corps of Engineers, Charlotte Field Office
Marella Buncick, US Fish and Wildlife Service
Mazla Chambers, NC Wildlife Resources Commission
File Copy
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000
ROY COOPER
Cnvrmm
MICHAEL S. REGAN
$P(tMOfy
L{NDA CULPEPPER
lnterrm i?irertar
NOR1H CARO�INA
EnHronnrentaf Qreollty
NCDWR Project No.:
Applicant
Project Name:
Countv:
Da[e of Issuance of 401 Water Quali[y Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent moditications, the applicant is required ro retum this certificate to the 401 Transportation Permittin�
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineer. It is not
necessarv to send certificates from all of these.
Applicant's Cerliftcation
I, , hereby state that, ro the best of my abilities, due care and dilieence
was used in the observation of the construction such that the construc[ion was observed to be built wi[hin substantial
compliance and in[en[ of [he 401 Water Quality Certification and Buffer Rules, [he approved plans and
specifications, and other supporting materials.
Sianature: Date:
AgenYs Certificalioit
I, , hereby state that, to the best of my abilities, due care and dili�ence
was used in Ihe observa[ion of the construction such [hat die consvuction was observed to be built within subs[antial
compliance and intent of the 401 Water Qualiry Certification and 6uffer Rules, the approved plans and
specifications, and other supporting marerials.
Signature:
Epgiueer's Cer�ifieation
Partial Final
Da[e:
l, , as a dWy re�istered Professional Engineer in the State of North
Carolina, having been authorized 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 dili�ence was used in the observation of the
construc[ion such [hat ihe 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
Date
Registration No.
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North Carolina Department oF Environmental Quality I Drvision of Water Resources
512 NORh Salisbury Street I 1617 Mail ServiCe Center I Raleigh. North Carolina 27699-1617
919707.9000