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Home My WebLink About20170312 Ver 1_Approval Letter_20170406ROY COOPER <;urrri:m� MICHAEL S. REGAN h'rivr�m�r� Environmentu! S. JAY ZIMMERMAN nr, �•<a»• Quality April 6. 2017 Rowan County NCD W R Project No. 201703 I 2 Bridge 149 on SR 2132 W BS Project No. 17BP.9. R.62 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amy Euliss, Environmen[al Officer NCDOT, Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacine Bridge 149 with a double-barrel, reinforced concrete box culvert on Union Church Road in Rowan Counry: Site Stream Im acts in the Yadkin Pee Dee River Basin Permanent Temporary Temporary Fill in Permanent Fill in Fill in Fill in Perennial Stream Perennial 5[ream Intermittent Intermi[[ent (linear R) (linear ft) Streum Stream linear ft linear ft Dewa[er Culvert Bank Stabilization 10 61 63 - 10 61 63 Total Stream Impact for Project: 1341inear feet Total Stream Stream �mpacts Impact Requiring Qinear tt) Mitigation Qinear ft) The project shall be constructed in accordance wi[h your applica[ion dated March �0, 2017. After reviewing your application, we have decided that [hese impac[s are covered by General Wa[er Quality Certification Number 4088. This certification corzesponds to Nationwide Permi[ 14 issued by [he Corps of Engineers. In addition, you should acquve any other federal, state or local pertnits before you proceed with your project including (but not Iimited to) Sediment and Erosion Con[rol, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for [he purpose and design described in your applica[ion (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 Ihis Certification and approval letter, and is [hereby responsible for complyin� with all the condi[ions. If total wetland fills for this project (now or in the future) eaceed one acre, or of [otal impacts to sheams (now or in the future) exceed I50 Iinear feet, compensarory mi[igalion 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 cer[ification(s) and any additional condi[ions listed below. -`�"Nothing Compares -- .. State of North Carolina I Environmental Quality I bl7 Mail Servire Center I Raleigh. North Carolina 276H9-1617 Condition(s) of Certification: Project Specific Conditions 1. 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)] 2. The culvert shall be designed to mimic natural stream cross section as closely as possible including barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] 3. 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)] 4. For the l O linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 5. 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)] 6. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification (Number 4088) will be waived per request of the permittee. [15A NCAC 02H.0506] General Conditions 1. 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. T'he 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)] 2. 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] 3. 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)] 4. 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)] 5. 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)] 6. 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)] 7. All work in or adjacent to stream waters shall be conducted in a dry work azea. 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. [ISA NCAC 02H.0506(bx3) and (cx3)] 8. Heavy equipment shall be operaced 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)] 9. All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained ro prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or o[her toxic materials. [15A NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the sheam channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 1 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02HA506(b)(3)] 12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standazds (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 standazds or laws aze 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 aze necessary to assure compliance, the NCDWR may reevaluate and modify this certificatioa [15A NCAC 02B.0200] 13. 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)] 14. A copy of this Water Quality Certification shall be maintained on the conswction 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 managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 15. The ouuide buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be cleazly marked by highly visible fencing or flagging prior to any land disturbing activities. Impacts to azeas within the fencing aze prohibited unless otherwise authorized by this certificatioa [15A NCAC 02H.0501 and .0502] 16. 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 govemment 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. 17. The Permittee shall repor[ any violations of this certification to the Division of Wa[er Resources within 24 hours of discovery. [15A NCAC 02B.0506(bx2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) shall complete and retum 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(�] 19. Native ripazian vegetation must be reestablished in the riparian areas within the consffuction limits of the project by the end of the growing season following completion of construction. [ 15A NCAC 02B.0506(3)] 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 requ'ved since that is a direct impact from road construction activities. [15A NCAC 02H.0506(bx3) and (cx3)] 21. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Management Ptactices in order to protect surface waters standazds [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 Carolrna Sedrment and Erosion Condol Plannrng and Design Manual. b. T'he 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 Sedrment and Erosion Contro! 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 praject. 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 Caro(ina Surface Mrning Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requiremenu 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. []SA NCAC 02H.0506(bx3) 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 hearings. You must file the petition with the office of Administrative Hearings within si�cty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during nortnal office hours. 7'he Office of Administrative Heazings accepu filings Monday Nvough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the peHtion must be filed with the Office of Administra[ive Hearings. 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 Vansmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative 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: Mr. Sam M. Hayes, General Counsel Departrnent of Env'vonmental Quality 1601 Mail Service Center 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 Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov. incerely, � �l` Jay mmertn , Director Division of Water esources Electronic copy only distribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Marella Buncick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission File Copy Environmentul QuaGry NCDWR Project No.: Applican[: Project Name: Date of Issuance of 401 Water Quality Certification: county: ROY COOPER r;�„��-�,�,,,� MICHAEL S. REGAN �l�nrrm r S. JAY ZIMMERMAN nlrecrnr Certificate oP Completion Upon completion ofall work approved within the 401 Water Quality Certification or applicable But%r 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 returned to NCDWR by the applicant, [he applicant's au[horized agent, or the project engineer. It is not necessary [o send certifica[es from all of these. ApplicanPs Certifrcutron I, , 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 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Si_namre: Date: AgenY's Ce�tificalion I, , 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 401 Water Qualiry Cenihication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Cerlificalion Partial Final I, , as a duly registered Professional En�ineer in the State of North Carolina, having been authorized [o observe (periodically, weekly, full time) [he construclion of the project for the Permittee hereby s[ate thal, to [he bes[ of my abilities, due care and diligence was used in the observa[ion of [he construction such that [he construc[ion was observed to be buil[ wi[hin substantial compliance and inten[ of the 401 Water Quali[y Certifica[ion and Bufl�er Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. '^Nothfng Compares "-- � State o(Nor1h Carolina I Environmental Qualiry 1617 Mail Sernce Center � Rakigh. North Carolina 27699-1617