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Home My WebLink About20200099 Ver 1_Approval Letter_20200127DocuSign Envelope ID: 4932D02C-F6D8-4939-9EBE-0908D20DB3C6 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality January 27, 2020 Wilkes County NCDWR Project No. 20200099 Pipe Replacement US 21 WBS No. 11511.1097800 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Kevin Hining NCDOT DEO, Division 11 801 Statesville Road North Wilkesboro, NC 28659 Dear Mr. Hining: You have our approval, in accordance with the conditions listed below, for the following impacts to replace a pipe with another pipe (via bore and jack) under US 21 that carries a tributary to Elkin Creek. Stream Impacts in the Yadkin Pee Dee River Basin. Permanent Fill in Perennial Stream Temporary Fill in Perennial Stream Impacts Site (linear ft) Stream (linear ft) Requiring Mitigation Pipe Dewatering (linear ft) 1 91 Part of permanent fill Totals 91 - Total Stream Impact for Project: 91 linear feet. The project shall be constructed in accordance with your application dated January 21, 2020. After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC) Number 4132. This GC corresponds to US Army Corps of Engineers Nationwide Permit 3. 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 corresponding 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. 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 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 300 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(s) and any additional conditions listed below. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA n.P, More,wWQMRV /� 919.707.9000 DocuSign Envelope ID: 4932D02C-F6D8-4939-9EBE-0908D20DB3C6 Condition(s) of Certification: Project Specific Conditions 1. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)] 2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable requirements of the NCG010000. Please note the extra protections for the sensitive watersheds. (15A NCAC 4B.0124[a]-[e]) 3. 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. (15A NCAC 0213.0224 and .0225) 4. 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] 5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified to the extent practicable. Any disturbed floodplains and stream segments shall be restored to natural geomorphic conditions. [I5ANCAC 02H.0506(b)(2)] 6. A copy of this Water Quality Certification shall always be maintained on the construction site. 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)] 7. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [I5ANCAC 02B.0506(b)(2)] 8. For the portion of streams being impacted due to site dewatering activities, the site shall be graded to its natural geomorphic conditions and revegetated with appropriate native species. [I 5A 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. [I 5A NCAC 0213.0200] 2. 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)] 3. 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)] 4. 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)] 5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 6. 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) of the 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] DocuSign Envelope ID: 4932D02C-F6D8-4939-9EBE-0908D20DB3C6 7. 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)] 8. 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. 9. 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 Certification has been completed. [15A NCAC 02H.0502(f)] 10. 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.0506(b)(3) and (c)(3)] 11. 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)] 12. 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 [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 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. 13. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed, and the natural grade restored upon completion of the project. [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 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. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5: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 -providing 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: (919) 431-3100 DocuSign Envelope ID: 4932D02C-F6D8-4939-9EBE-0908D20DB3C6 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, 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 Dave Wanucha at (336) 776-9703 or dave.wanucha@ncdenr.gov. Sincerely, Ec� D""�uSigned by: 9C9886312DCD474... Linda Culpepper, Director Division of Water Resources Electronic copy only distribution: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy DocuSign Envelope ID: 4932D02C-F6D8-4939-9EBE-0908D20DB3C6 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: 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 NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 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: Agent's Certification Date: 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: Engineer's Certification Partial Final Date: I, , 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, the approved plans and specifications, and other supporting materials. Signature Date Registration No. D E Q�North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Noana GwauNn oMwbmMofEnv+—v1OnifiV /"� 919.707.9000