HomeMy WebLinkAbout20200233 Ver 1_Approval Letter_20200302DocuSign Envelope ID: 9D70FBEF-27F2-42EF-B219-200F2013760A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLIN'A
Environmental Quality
March 02, 2020
Stokes County
NCDWR Project No. 20200233
Bridge 15 on NC 66
WBS No. 1713P.9. R.98
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss
NCDOT Division 9 Environmental Officer
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with your application received on February 9, 2020 and with the conditions
listed below, to impact Vade Mecum Creek in order to replace Bridge 15 with a two -barrel, reinforced concrete box
culvert (RCBC) and upgrade an existing pipe in a UT to Vade Mecum Creek.
Stream Impacts in the Roanoke River Basin.
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Stream
Perennial Stream
Perennial Stream
Intermittent Stream
Intermittent Stream
Impacts
Site
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Bank
Stabilization
Culvert
Dewatering
Pipe
Bank
Stabilization
Dewatering
Mitigation
(linear ft)
1
51
57
23
-
-
-
-
2a
-
-
-
42
-
13
-
2b
-
-
-
18
11
27
-
Totals
51
57
23
60
11
40
-
Total Stream Impact for Project: 242 linear feet.
After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality
Certification (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. 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
Q
., - North Carolina Department of Environmental Quality I Division of Water Resources
tf:�,--DEv��% 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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DocuSign Envelope ID: 9D70FBEF-27F2-42EF-B219-200F2013760A
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.
Condition(s) of Certification:
Project Specific Conditions
1. Bridge/Arch demolition must be accomplished in strict compliance with the most recent version of NCDOT's
Best Management Practices for Construction and Maintenance Activities. [I 5A NCAC 02H .0507(d)(2) and
15A NCAC 02H .0506(b)(5)]
2. 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)]
3. The culvert and pipe shall be designed to mimic natural stream cross section as closely as possible. Widening
the stream channel should be avoided. [15A NCAC 02H.0506(b)(2)]
4. 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. [I 5A NCAC
02H.0506(b)(2)]
5. For the 63 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)]
6. 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)
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
0213.0200]
Culverts 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. The applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine
whether a permit modification will be required. [I 5A 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.
[15ANCAC 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 (c)(2)]
DocuSign Envelope ID: 9D70FBEF-27F2-42EF-B219-200F2013760A
6. 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)]
7. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
8. 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]
9. 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)]
10. 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)]
11. 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]
12. 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.
13. 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)]
14. 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)]
15. 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)]
16. 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)]
17. 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.
DocuSign Envelope ID: 9D70FBEF-27F2-42EF-B219-200F2013760A
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.
18. 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 8:00am and 5:00pm, 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
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.
Sinc�ereo�
cu giied by:
�+�6�,�Director
Division of Water Resources
Electronic copy only distribution:
Nicole Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
DocuSign Envelope ID: 9D70FBEF-27F2-42EF-B219-200F2013760A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NCDWR Project No.:
NORTH CAROLIN'A
Environmental Quality
County:
Applicant:
Project Name:
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 Registration No.
Date
Q
., - North Carolina Department of Environmental Quality I Division of Water Resources
tf:�,--DEv��% 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
rJnaiN f:nq�.: IW,
o.P.m.aor�m� �ra..hly 9I9.707.9000