HomeMy WebLinkAbout20190328 Ver 1_Approval Letter_20190322ROY COOPER
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MICHAEL S. REGAN
sec.r,u.r
LINDA CULPEPPER
Dlrcrtor
NOftT H C:.ROUNA
fnNronmenfaf Quol/ry
March 22, 2019
Cumberland County
NCDWR Project No. 20190328
Bridge 250141 on SR 1819
SF-250141
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Jim Rerko, Project Development and Environmental Analysis Engineer
Division 6
1000 Transportation Drive
Fayetteville, NC 28302
Deaz Mr. Rerko:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacement of bridge 250141 on SR 1819 (S[ewart Road) wi[h a 9' X 8'9" wlvert in Cumbedand County:
Stream Im acts in the Ca e Fear River Basin
Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream
in Intermittent in Intermittent Fill in Fill in Impact Impacts
Stream (linear Stream (linear Perennial Perennial Qinear ft) Requiring
ft) ft) Stream Stream (linear Mitigation
(linear ft) ft) (linear ft)
Site I 45 40 85
Site2 35 22 57
80 62 142
Total
� o[ai �[ream �mpac� �or : �4� unear ieec
D_E Q� ��,hCnroUnalkpar�mcmafEmlromirnlalQuallly I Dlvi�ionol WatrrRewurres
� WIIminglonR�gwnalOfticc I �27CardlnalDrtvcExtrnsqn i Wtlminq�atNarthGrolina28�05
n.:G+�:--�•:, r 910.7%.T215
Wetland Im acts in the Ca e Fear River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
(ac) (ac) (ac) (ac) Impact (ac)
Site 1 0.005 0.001 0.030
Site 2 0.001
0.005 0.001 0.031
Total
Total Wetland Impact for : 0.006 acres.
The project shall be constructed in accordance with your application dated received March 7, 2019 and additional
information received on March 20, 2019. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide
Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other 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 expire with the accompanying 404 permit.
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. If total wetland fills for this project (now or in the future) exceed one acre, or of 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 (7For 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 Certification:
Project Speci�c 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. 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. 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)]
General Conditions
5. 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
sri-uctures 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)]
6. 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]
7. 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)]
8. 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)]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
13. 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)]
14. 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)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)] �
16. 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]
17. 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)]
18. 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)l
19. 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]
20. 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.
21. 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)]
22. 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 02H.0502( fl]
23. Native riparian vegetation 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.0231(a)(6)]
24. 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 construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
25. 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 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.
26. 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)]
[f 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 hearings. You mus[ file the petition
with the office of Administrative Hearings within siacry (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Heazings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday tivough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Adminis6rative Heazings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Adminislrative Heari�gs within five (5) business days following the faxed lransmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 4313000, Facsimile: (919) 431-3100
A copy of [he petition must also be served on DEQ as follows:
Mr. 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 Steenhuis at (910) 796-7306 or joanne.steenhuis@ncdenr.gov.
Sincerely,
��:
Linda ulpepper, irec[or
Division of Water Resources
Electronic copy only dis[ribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
ROY COOPER
c�,�.,�a
MICHAELS.REGAN
Srmrrory
LINDA CULPEPPER
Orm, rry
NCDWR Project No.:
Applican[:
Project Name:
NOR�IH ::,:O.INA
Fnrfronmert(af Quality
County:
Date of Issuance oC 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed to NCDWR by the applicant, the applicanYs authorized agent, or the project engineec It is not
necessary to send certificates from all of these.
ApplicanYs Certijlcalion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the constroction such that the construction was observed ro 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:
Agen!'s Cerfification
1, , 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 40I Water Quality Certification and Buffer Rules, Ihe approved plans and
specifications, and other supporting ma[erials.
Signature'
Engineer's Cerfifrcation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) [he 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 [ha[ the construc[ion was observed to be buil[ within subs[an[ial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Date
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