HomeMy WebLinkAbout20161109 Ver 1_Approval Letter_20161205Water kesour<c.s
ENVIRONMENTPL OUALiTY
PAT MCCRORY
�
DONALD R. VAN DF,R VAART
Srarn�n�
S. JAY ZIMMERMAN
I4rticlur
December 5, 2016
Alleghany Counry
NCDWR Project No. 20161 I09
Pipe No. 02-2032 NC I I3
Project No. 17. BP.1 LC I
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mc Heath Slaughter
NCDOT Division 1 I Emironmental Officer
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mr. Slaughter.
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a corrugated steel pipe arch (CSPA) with a s[ructural steel plate pipe arch (SSPPA) in Prathers Creek in
Alleghany County:
Site
Stream
Permanent Fill in
Perennial Stream
(linear ft)
RipRap Culvert
56 39
Temporary Fill in
Perennial Stream
(linear ft)
Dewa[ering
� Total I 56 � 39 �
To[al Stream Impact for Project: I IS linear feet.
20
20
Basin
Total Stream
Impact
(linear ft)
115
S[ream Impacts
Requiring
Mitiga[ion
(linear ft)
The project shall be constructed in accordance with your application dated November 14, 2016. After reviewing
your application, we have decided that these impacts are covered by General Wa[er Quality Certifica[ion Number
3883. This certification corresponds to the Nationwide Permi[ 3 issued by [he Corps of Engineers. In addition, you
should acquire any other federal, sta[e or local permits before you proceed wi[h your project including (but not
limi[ed to) Sediment and Erosion ConVol, 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 applica[ion (unless modified below).
Should your projec[ change, you must no[ify the NCDWR and submit a new applica[ion. Ifthe property is sold, the
new owner must be given a copy of [his 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 fumre) exceed I50 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval ro remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
S�a�e of Nonh Carolina IFnvimmnemal QnaliN I Wa�er Resources
1617 Mail Service Cenler, Raleigh. North Garolina 2769&1617
Phone'. 9t9-807-6300
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 geater 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. 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)]
2. 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)]
3. This project has the potential to impact Trout waters or other aquatic species of concern. No construction
activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC
determine that a moratorium is applicable then the requirements of any moratorium(s) shall be a condition
of this 401 Certification. If the NCDOT does not wish to honor the moratorium, then a written
modification shall be submitted. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
4. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to
the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams.
Mowing of existing vegetated buffers is strongly discouraged. [15A NCAC 02B.0224 and 0225]
5. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO10000. The permittee shall use Design Standards in Sensitive Watersheds
(15A NCAC 4B.0124[a]-[e])
6. 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)]
7. For the 20 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)]
General Conditions
1. 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]
2. 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)]
3. 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)]
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. [15A NCAC 02H.0506(b)(2)]
5. 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
i�)c2)�
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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) ofthe 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]
12. 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)]
13. 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 (c)(2)]
14. 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]
15. 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.
16. 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)] "
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work included in the 401 Gertification has been completed. [15A
NCAC 02H.0502( fl]
18. 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
02H.506(b)(3)]
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters assceiated
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(bx3) and (cx3)]
20. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, instatlation and operation and maintenance of such Best Management Practices in order to
protect surface waters standazds [ I SA NCAC 02H.0506(bx3) 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 Erosron Control Monual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow piu 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 Carolrna Surface
Mrning Manual.
d. 7'he reclamation measures and implementation must comply with the reclamation in accordance
with the requ'vements of the Sedimentation Pollution Control Act.
21. 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 (cx3)]
If you wish ro contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition fortn from the office of Administrative hearings. You must file the petition
with the office of 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 nortnal office hours. The Office of
Administrative Hearings accepts filings Monday Uvough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one Q) copy of the petition must be filed with the Office of
Administrative 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 Heazings is:
Office of Administrative Heazings
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, Genenl 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 Dave Wanucha at (336)776-9703 or Dave. Wanucha(�ncdenr. o�v
Sincerel�/ 1 , /1
.� r �
S. Jay Zimmerman, Director '
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Water Resources
ENVIRONMENiAL OUALiTY
NCDWR Project No.:
ApplicanL•
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
�
DONALD R. VAN DER VAART
Sroemn
S. JAY ZIMMERMAN
��
Certificate of Completion
Upon completion of all work approved wi[hin Ihe 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, [he applicant is required to re[urn [his certifica[e to the 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be rewrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanYs Cerlification
�, , 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 ofthe 401 Wa[er Quality Certitica[ion and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
AgenPs Cerlification
�, , 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 Certitication and Buffer Rules, the approved plans and
specifications, and other supportin� materials.
Signature: Date:
Engineer's Cerlifreation
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been au[horized 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 [ha[ [he construction was observed [o be built within subs[an[ial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting ma[erials.
Signature
Date
Registration No.
State of Nonh Carolina IEnvironmemal Qualiry I Warer Resources
1617 Mai15ervice Center, Raleigh, Nonn Camlina 27699�16n
Pnone�. 9�9-80�-63�0