20090821 Ver 1_Approval Letter_20090819

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 19, 2009
DWQ# 09-0821
Mecklenburg County
Dr. Greg Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
APPROVAL of 401 Water Quality Certification with Additional Conditions, Replacement of Bridge No. 177 Over
Reedy Creek on State Road 2804 (Reedy Creek Road), Mecklenburg County, Federal Aid Project No. BRZ-2804(2),
WBS Element 33782.1.1, TIP No. 8-4580
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 68
linear feet (If), to temporarily impact 60 If of streams and to permanently impact 0.01 acres of wetlands as described in the
table below:
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32+80-L-LT Reedy Creek/ Permanent 8 If N/A
Perennial Riprap
32+96/33+13-L-RT N/A Permanent N/A Riverine/0.01
Riprap
33+14/33+41-L- Reedy Creek/ Permanent 601f N/A
Perennial Riprap
32+95/33+23-L- Reedy Creek/ Temporary 60 If N/A
Perennial Causeway
Stream and wetland impacts are associated with the replacement of Bridge No. 177, as described in your application
received by the Division of Water Quality (DWQ) on July 30, 2009. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Numbers 3688, 3689 and 3701.
Mooresville Regional Office
Location: 610 East Center Ave., Suite301 Mooresville, NC 28115
Phone: [phone] Fax: (704) 66M040 i Customer service: 1-877-523-6748
Internetw .ncwaterqualily.crg
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NorthCarolina
Naturally
Dr. Gregory J. Thorpe
Page Two
Please note that you should get any other federal, state or local permits before proceeding with your 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:
1. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream stabilization shall
be placed in stream channels in such a manner that it does not impede aquatic life passage.
2. The post construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
3. 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 the 401 Water Quality Certification.
4. 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 scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
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. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
11. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can
be provided.
12. 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.
13. 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.
Dr. Gregory J. Thorpe
Page Three
14. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
15. 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.
16. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
18. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and 21I subsequent modifications, if any, shall be maintained with the Division Engineer and the on-
site project manager.
19. 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.
20. Sediment and erosion controi 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.
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:
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.
22. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for
approval.
23. 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.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery.
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.
Dr. Gregory J. Thorpe
Page Four
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 with
15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. 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.
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, 6714 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 Pally Lespinasse in the Mooresville Regional Office at 704-663-1699.
Sincerely,
forColeen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy