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Home My WebLink About20151054 Ver 1_Approval Letter_20151201r, ';i Water Resources ENVIRONMENTAL OUALITY PA'I' MCCRORY cor�,•,tor DONAC,D R. VAN DGR VAART Sccrelnrt� S. JAY L[MMERMAN Uirccrnr December 1, 2015 Burke County NCDWR Project No. 2015-1054 Bridge 110014 on SR 1746 State Project No. 17BP.14.R.89 APPROVAL of 401 WATER QUAL[TY CERTIFICATION with ADDITIONAL CONDITIONS Mr. J. J. Swain, Division Engineer Division l3 55 Orange Street Asheville, North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge 1 10014 in Burke County: � Site Sl S1 SiB Total Stream lm acts in the Catawba River Basin Permanent Fill in Temporary Fill in Total Stream Perennial Stream Perennial Stream lmpact (linear (linear ft) (linear ft) ft) lU 60 70 Total Stream Impact for Project: 73 linear feet. 3 10 60 73 The project shall be constructed in accordance with your application dated October 12, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 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. [f the property is sold, the new owner must be giv�n a copy of this Certifcation and approval letter, and is thereby responsib!e 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 l5A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Stete of North Carolina �Environmental Quality � Water Resnurces 1617 Mail Senice Center, Raleigh, North Carolina 27659-1617 Phone:919-80'-6300 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 oi the above structures. The appiicant is required to provide evidence that tne equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limitin� fea±ures encour.tered during const!-uction, rlease contaci TICDWR for guidance on now 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 shail 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)(21] 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 Permitte� shall ensure that the final design drawings adhere to the �ermit and to the permit �ra�■�?ngs subm�t*.ed for a�prova?. f] SA NCP � 02H .Q507(c; and 1 SA NCAC 02H .0506 (b;(2) and (c)(2)1 7. 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 flowin� water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. !-Heavy e�uipment shall be operated from the banks rather than in the stream channel in order to minimize sed;mentat�on and re�uce the introductian of other pollutznts ir.to the strearn. �15A NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic flaids, or other toxic materials. [? SA NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [1�A 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 02H.0506(b)(3)] 12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements rESUlting from compiiar�ce with �303(d j of th� �,lean �Vater 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 neiessary to assure compiiance, the NCDWR may reevaluate and modify this certification. [ISA 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. [ISA NCAC 02H.0506(b)(2)] 14. A copy ofi 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 (c)(2)] 15. 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 activi±ies. Impacts to areas �vithin the fencing are prohibited ur.less other�vise authorized by this certification. [ I SA 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 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 requirPmer.ts, etc. � 17. 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)] 18. 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(�] 19. 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)] 20. Erosi�n and sediment contr.^,1 practices must �e in fa?1 ccmpliance with all specifi�at�ors eov�rr:ing ±he nroper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02HA�06(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 b� such that they equal, or exceed, the requirements specifed in the most recent version ofi'the 1�'0� t{� Curolina Sediment and Erosion Control tllanual. 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 Narth Carolinu 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. 21. Sedimeni and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] 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 o� Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except �fer officia! staie holidays. The original and one (? ) copy of the petit�on must 6e filed with t41e Office of Admir.istrati��e 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 transmission. 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: f919) 43:-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, 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 Water Act. If you have any questions, please contact Kevin Barnett at (828) 296-4657 or kevin.barnett@ncdenr.gov. Sincerely, n�� f S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office Re�er Bryan, DOT D:visicn 14 Environr.:er.tal Offcer ��arl� Cha�i�b�rs'�C V✓iidl;fe Reso:�r�es C�.;r,�miss:a�l FiIP Copy �o Water Resources ENVIRONMENTAL �UALITY NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certi�cation: County: PA`t' MCCRORY (;orcrnnr DONALD R. VAN DER VAART Secr�7my S. JAY Z[MMERMAN Un•ecluY Certificate of Completion , Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return 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 NCDVdR by the applicant, the applicant's authorized agent, or the project engi��zcr. It is not necessary to send certificates from all of these. _ Applicant's Ce�tification [, , 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 Quality Certification and Buffer Rules, the approved plans and specifications, and other supportina materials. Si�nature: �ate: figC/tt'S �ETiIfCCsllOis 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 Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final l, , as a duly registered 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 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 Quality Certification and Buffer Rules, tl�e app�•oved plans and specifications, and other supporting materiais. Signature Registration No. Da*e State of Nurth Carolina �EnvironmentTl Quality � Wa[er Resources 1617 Mail Service Cen!er, Raleigh, North Carolina 27599-1617 Phone: S19-807-6300,