HomeMy WebLinkAbout20170308 Ver 1_Approval Letter_20170404Environmenlu!
Quality
ROY C'()UPER
„�� „i�
MICHAE;L S. REGAN
� -, �
ti. JAY ZIMMF,RMAN
April 4. 30 i 7
Scotland County
NCD'vVR Project No.2UI70308
US 74 at SR 1304
TIP No. W-5601 RD
APPROYAI. of 401 �'VATER QU.ALITY CERTIFIC.4TION with ADDITIONAL CONDITIONS
Mr. Erandon H. Jones P.E., Divisiun Engineer
NCDOT, Division 8
902 Nonh Sandl�ills Blvd.
Aberdcen, NC 28315
Dear Mr. Jones:
You have our approval, in accordance with the conditions lisred below, for the following impacts for the purpose of
improvine the US 74 & SR 1304 intersection in Scotland County:
Wetland imuacts in ihe Lumber River Basin
�nnarzeot Pill ixcl ! l'o.:�l WetlanJ t
'fotal I U.0156
Total Wetland Impact for Projecr. 0.0156 acres.
0.015e
The pro;ect shall be mmtructed in accordance with your application received March 17, 2017. Afler revie«�ing your
application, we have decided Ihat [hcse impacts are covered by General Water Quality Certification Number 4088.
This certificatinn correspnrds tv [he Natiomvide Permit 14 issued by the Corpa of F.ngineers In additiun. }vu shovld
acquire any other feder�I. stare or local permits before you proceed wi[h your project includin, (but not limited tol
Sediment and Erosion Control, Non-Dischar�e and Wacer Supply Watersh?d re�ulations. This approval will expire
with the accompanying 404 pennit.
This appmval is ��alid solely for the purpos: and design described in your application (unless modifed below).
Should your projea change, yuu must notify the NCDWR and submit a new applicalion. Ifthe prupeny is sold. the
new owner must be �iven a copy of this Certification and approval letter, and is thereby responsible tor complying
wi[h all the condifions. If total wetlaod fills for rhis projec[ (,now or in the future) exceed one acre, or of total
inipacts to strexms (naw or in [he iu:urz) cxceeu ! 50 linear feet, compensaWry mitigatiun m::y be required a;
described in I SA NCAC ?H .0506 (h) (6) and (7). For [his approval to remain valid, you must adhere to the
couditiuns lis[ed in the Gzneral Certifica[ion and am additional conditions listed below.
Conditions of Certificufion�
If concrete is used during cunstruction, a dry work area shall be maintained fo prevent direct contact
between curing concrete and stream warer. Water that inadvertently contacts uncured concrete shall
nut he disch�n:d to surfacz weten d�ie �o rhe potential I'nr elevated pH and poss�h!e ayuatic life und
fish ki!Is. �iSA NCAC 02R.fi'00J
'� Nathing Co�npares - _
State of tiorth Caroline � E.m�ironmemn� Quali�y
I G I7 i+iaii Service Cemer I Raizi��, tionh Caruhna 2; G�N-I G I i
2. Duruig the construction of the project, tio staging of eyuipment of any kind is permitied in waters of
the U.S.; or protected riparian buffers. [] SA NCAC 02H.0506(b)(2)]
3. The Permittee shall ensure that the final desi� drawings a�here to the permit and to the pea-mit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)] �
4. Ail r��echanized �quipment operated near surface �vaters mu�t �e rea iarly ins�ecsed ana maintair.ed to
�revent contar�iination of st;•eam �,raters ffoni fuels, lubricants, hyd:aulic fluids, o: other toYic r.iaterials.
� � ;A �CRC �2H.�JS06(b)�3)]
5. Discharging hydreseed mixtures and washing ou± hydroseeders and o±her equigment ?n ar adjacent to
su:face �vat�rs is prohibite�'. [15A NCAC 02H.Q506(b)(�)]
o. Tnz permiiiee and iis autiiorized agents shail conduct its activiiies in a rnanner consiste�t with State water
quality star_dards (includ�.ng any r�qu�ements resulting fron comp]i�nce wi�1� §303(d) oftr�e Clean Water ��
Act) and any other appropriate requirements of State and Federal la��v. If the NCDWR determines that
such standards or laws are not L�eing r.iet (inciuding the failure to sustain a d�signated or achieved use) or
tr�at State or f��er�l taw is being viclated, or that fiu�ther conditions are necessac;� to assi�re complianc:.,
the NCDWR may reevaluate and modify this certification. 115A NCAC 02B.0200]
7. � f1i1 fill slopes lccated ir. jaris3ictional wetlands shall be placed at slcp�s no tlatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
8. 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)]
9. :fhe outside buffer, wetland or water b�undary located within the construction corridor approved by this
authorizatien sha�l he clearly marked by high!y vis:b�e fencing n*ic:r to an�� land dist�.arbing
activities. lmpacts to areas within the fencing ar� prohibited unless ctherwise autho:ized by this
ce; cii�caii:,rt. i 15A l�TC�C l�2H.0501 ar.d .�5021
10. The isssar�ce of this certification does not exempt the Permittee fr�m acmply�ng with any and all statutes,
rules, regulations, or ordinances that may be imposed 'by other government agencies (i.e. local, state, and
iedera;) ha��ing ji�risdict5c�.i, �r�c�u�i:�g but not ii�riited to a�i�;licable buffer i�les, storrl��vater :nar.ager�i�nt
rules, soil erosion and sedimentation control requirements, etc. ,
] 1. The Per�it±ee shall �eport any viclations of this certi�ication to the Bivisi�n of V��ater Resources wi±hin
24 haurs of discovery. [ 15A NCAC �2B.050((�)(2}]
12. Upon completion of the projecY (including any impact� at associated borrow or waste sites), the NCDOT
Divisi�n Engi�-�ep; slla�l comglete and return. the enclosPd "Certircatian af Camgletion Porm" to notify
the NC'�WR when aIl wcrk included in the 4U1 Certification has been completed. j15A N�'AC
�2H.Q502(�]
1:'s. Native riparian vegetation must be reestablisned in the riparian areas wiihin the construction limits of the
proje�t by the end of the �ow;ng season fallowing completion of censtruction. [15A IvTCA� 2B.0506(b)
(2)l
1�. `I�he:e shall be no exca��ation zrom, or 4vaste disposa� into, jLrisciictional wetlanc�s oz� wa±ers associ�ted
with t:�is p�rmit withcut ap�rop:iate modificatior.. Should waste or barro�� sites, �; access :cacis to waste
o_r 6or; ou� sitzs, be lc�cateci iz� ��etlancis or str�ams, con�rensut�r� :n�tigat;on v,=ii? be re4,uL ed s:nc:. ts�at is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
15. �i��sion anc� sec'iirne,�t cer+7o1 r:actices must be ir, fali c�m�li�ii:;e w:tn a',i specifcarions goverr�i��g tY;e
p:opn: de�i�n, instaliai:io;� ai�d onera�i��i. anJ maintenance of such 8esi �Iar,agerne.r.t Practices in or•der to
�rotect surface waters standards [15h ?�1Ch.0 62H.OSU6(b)(3) and (cl(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with ihe most recent version of the North Carolina Sediment and
Eracion Condol Plannrng and Design Mamral.
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 Caro[ina Sediment and Erosion Control MonuaJ. 7'he 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 conVol measures must be designed, instalied,
operated, and maintained in accordance with the most recent version of the North Caro(ina Sur%ace
Mining Manual.
d. The reclaznation measures and implementation must comply with the reclamation in accordance
with the requ'vements of the Sedimentation Po1luNon Control Act.
16. Sediment and erosion control measures shall not be placed in wetlanJs or waters unless otherwise
apprwed by this Certification. [15A NCAC 02H.0506(bx3) and (cx3))
If you wish to contest any statement in the attached Certificatlon you must file a petition for an administrative
hearing. You mny obtain the petition fomi from the otFce of Administrative hearings. You must file the petition
with rhe 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 normal office hours. T'he Office of
Administtative Hearings accepu n"lings Monday dvough Friday between the hours of B:OOam and S:OOpm, except
for official state holidays. The original and one (1) 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 dceument is received by the Office of
Adminishstive 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-(714
7'elephone: (919) 431-3000, Facsimile: (9�9) 431-3100
A copy of the petition must also be served on DGQ as folbws:
Mr. Sam M.Hayes, Geneml Counsel
Deparhnent of 6nv'vomnental Quality
1601 Mail Service Center
T'his letter completes the review of the Division of Water Resources under Secfion 401 of the Clean Water Act. If you
have any questions, pleue contact Rob Ridings at 919-707-8786.
Sincerely, `�/�
//�� �
�S. Jxy Zimmerman, Directur
Divisian of Wazer Resources
Electranic copy only distribution:
Mdy Williams, US Army Co�ps uf Lngineers, Raleigh Field Cfiice
Art King, Division 8 Environmental Officer
File Copy
�
�
En viro�v m en � u I
Quality
NCDWR Project No.: ------
P.pplicant:
Projec[ Name:
Datc nf Issuance of 401 Water Q�i�lity Certification:
Cuunty:
kUY COOPF.R
MICIIAEL S. REGAN
S. J�1Y 71MMF,RMAN
Certificate of Complefion
Upon completion of all work approved wiihin [he 401 N�'a[er Quality Certiftcation or zpplicahle Rufl�er Rules, and
am- subsequen[ modifcations, [hz applicant is r:quired to retum this certificate to [he 401 Transportation Permitting
Unit. North Carolina Division of Water Resources. 1617 Mail Service Center, Ralei,h, NC. 27699-1617. This form
may be �e[w'ned io NCGV✓R by the applican[, Ihe apolicu�u's authorizau aeent, ur tl�e projzct eneinear. It is uo[
necessary Yo send certificates from all of these.
Applicanf's Cerlifrcation
I, , hereby state that, to Ihe best of my abilities, due care and diligence
was used in the observation of the construction such that the wnstruction was observed to be built within substantial
compliance and intent of the 401 Warer Qualiry Certification and BuffBr Rules, the approved plans and
spzcifica[ions, and other supporting materials.
Si�nature: Dat:
Ager.r's Cnrlificntion
I, , hereby state that, ;o the bcst of my abilities, duc care and diligence
was used in the observation of the construction such that the cons[ruction was observed to be built wrthin substantial
compl�anee and ir.tcn: of the 4C I N'ater Quality Czrtiticatiun and 3uffer Rul:s, the appi��ved plan� a�id
specifications, and other supportine, materials.
Signature:
t.'ngineer's Cerlifcalion
Fartial
Fival
Date:
I, , as a duly registered Prof ssional Enoineer in the State of North
Carelina, having been auihorized to obserce (periodically, wzekly, fidl tim..) the construc[io^ of [he prqj_ct for the
Permittee hereby state ihat, w the best of my abiltties, due care and diligence was used in the observacion of ihe
conshuction such �hat Ihe tonstruction was ob�ervtd to bz buill within substanYial comoliance and intent of the 401
Water Quali:y C:rtification ar.d 3ufter Rules, the approv.d plans and specificaticns, and other supperting materials.
Si�•iature
�late
Rcgistra,ion No.
`�`Nothing Compares - ,
iiat. nf itioid� Cerulina I Envi�p��mental Quaiin�
161 7 Mail Serviee Cenier I��ei�ii, Nurth �aruiina 27e99-1617