HomeMy WebLinkAbout20211283 Ver 1_Approval Letter_20211206 DocuSign Envelope ID:28D6E444-A10E-4A9D-BE9A-617ECC2A2756R
o iH,STATE
NA a.l>3
ROY COOPER o
Governor " ' -
�2`
ELIZABETH S.BISER
Secretory
S.DANIEL SMITH NORTH CARouNA
Director Environmen tat Quality
December 6,2021
Alleghany County
NCDWR Project No.20211283
Bridge 5 on Pine Swamp Road
WBS Element 17BP.11.R.152
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr.Kevin Hining,DEO
NCDOT Division 11
801 Statesville Road
North Wilkesboro,NC 28659
Dear Mr.Hining:
You have our approval,in accordance with your application received on October 28,2021,and with the conditions
listed below,to impact the Little River and a UT to Little River to replace the existing bridge with a new bridge and
a to replace a culvert on Pine Swamp Road(SR 1133).
Stream Im acts in the New River Basin.
Permanent Fill in Perennial Temporary Fill in Perennial
Stream Stream Stream Impacts Requiring
Site (linear ft) (linear ft) Mitigation
Bank Culvert Dewatering (linear ft)
Stabilization
1 37 - - -
2 - 5 79 -
Totals 37 5 79 -
Total Stream Impact for Project: 121 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 perennial 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 ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center � Raleigh,North Carolina 27699-1617
NORTH CAR""" ��
o.oamw rtm i,^^m^^�i Q.Iv 919.707,9000
DocuSign Envelope ID:28D6E444-A10E-4A9D-BE9A-617ECC2A2756
Condition(s)of Certification:
Project Specific Conditions
1. Bridge demolition and construction must be accomplished in strict compliance with the most recent version of
NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H
.0507(d)(2)and 15A NCAC 02H .0506(b)(5)]
2. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H.0506(b)(2)
3. For the 79 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)]
4. 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)]
5. 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)
6. The Little River carries a supplemental classification of Trout waters;therefore,the permittee shall use
erosion control measures based on Design Standards in Sensitive Watersheds(15A NCAC 4B.0124[a]-[e]).
7. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be pre-treated through site-
appropriate means(grassed swales,pre-formed scour holes,rip-rap deck drain pads,vegetated buffers,etc.)
before entering the stream. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5).
8. 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 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. [15A NCAC
02H.0506(b)(2)]
9. 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 professionally designed,sized and
installed. [15A NCAC 02H.0506(b)(2)]
10. 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)]
11. This project has the potential to impact trout waters. The NCWRC has determined that a moratorium is
applicable. Therefore,the following trout moratorium shall be a condition of this 401 Certification. In-stream
work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
October 15 through April 15 to protect the egg and fry stages of trout. If the NCDOT does not wish to honor
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
NORTHCARQL1NA
oe�,rtert orio„m�ni o.ury 919.707.9000
DocuSign Envelope ID:28D6E444-A10E-4A9D-BE9A-617ECC2A2756
the moratorium,then a written modification shall be submitted. [15A NCAC 02H.0506(b)(2)and 15A NCAC
0413.0125]
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]
2. 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)]
3. 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.
[I5ANCAC 02H.0506(b)(2)]
4. 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)]
5. 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)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. 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. [15ANCAC 02B.0200]
8. 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)]
9. 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 USDOT and the
on-site project manager. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
10. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing or flagging prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [I 5A
NCAC 02H.0501 and.0502]
11. 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.
12. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [I 5A NCAC 02B.0506(b)(2)]
13. Upon completion of the project (including any impacts at associated borrow or waste sites), the USDOT 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)]
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
NORTHCAROLINA
oe�,rtert orio„m�ni o.ury 919.707.9000
DocuSign Envelope ID:28D6E444-A10E-4A9D-BE9A-617ECC2A2756
14. 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)]
15. 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)]
16. 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.
17. 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTHCARQL1NA
oe�,rtert orio„m�ni o.ury 919.707.9000
DocuSign Envelope ID:28D6E444-A10E-4A9D-BE9A-617ECC2A2756
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)403-5655 or dave.wanucha@ncdenr.gov.
L�9QM&6?W,,P47Resources
WNed by:
Da el SrmthDirector
Electronic copy only distribution:
Lori Beckwith,US Army Corps of Engineers,Asheville Field Office
Janet Mizzi,US Fish and Wildlife Service
Marla Chambers,NC Wildlife Resources Commission
File Copy
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 CAROLNA
919.707.9000
DocuSign Envelope ID:28D6E444-A10E-4A9D-BE9A-617ECC2A2756R
" STATE,,,
�wy a I>3
T
ROY COOPER
Governor �
ELIZABETH S.BISERI
Secretary
S.DANIEL SMITH NORTH CARouNA
Director Environmen tat Quality
NCDWR Project No.: 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: Date:
Agent'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: Date:
Engineer's Certification
Partial Final
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center � Raleigh,North Carolina 27699-1617
NORTH CARCUNA
919.707.9000