HomeMy WebLinkAbout20141184 Ver 1_Approval Letter_20150107A
R—CbENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
January 15, 2015
McDowell County
NCDWR Project No, 2014-1184
Bridge 17 on US 221
TIP/State Project No. B-3673
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
J. J. Swain, Jr., P.E., Division Engineer
NCDOT, Division 13
North Carolina Department of Transportation
55 Orange Street
Asheville, North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of bridge replacement in McDowell County:
Stream Impacts in the Broad River Basin
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Site 1 - Stream
10 (linear feet)
0 (linear feet)
Site 2 - Stream
20 (linear feet)
100 (linear feet)
Site 3 - Stream
182 (linear feet)
19 (linear feet)
Site 4 - Stream
135 (linear feet)
10 (linear feet)
Site 5 — Stream
0 (linear feet)
36 (linear feet)
Site 6 — Stream
107 (linear feet)
231 (linear feet)
Site 7 — Stream
71 (linear feet)
100 (linear feet)
Site 8 — Stream
118 (linear feet)
0 (linear feet)
Total Stream Impact for Project: 1,032 linear feet.
Total Temporary Stream Impacts: 324 linear feet.
The project shall be constructed in accordance with your application dated dated November 10, 2014.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Numbers 3885, 3891, and 3893. This certification corresponds to Nationwide
Permits 13, 23, and 33, issued by the Corps of Engineers. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to)
1617 Mail Service Center, Raleigh, Noah Carolina 27699-1617
Phone: 9I9-807-6300 \ Internet: www.ncdenr.gov
An Equal Opportunity � Affirmative Action Employer
Sediment and Erosion Control, 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 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 150 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.
Condition(s) of Certification:
General Conditions
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 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 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. 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]
3. 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. [I 5A NCAC 02H.0506(b)(2)]
4. 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. [I 5A NCAC 02H.0506(b)(2)]
5. 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. [I5A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. [I 5A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
7. 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 Bowing water. [I 5A NCAC 02H.0506(b)(3) and
(c)(3)]
8. 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.
[I 5A NCAC 02H.0506(b)(3)]
9. 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)]
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification. [I 5A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [I5A NCAC 02H.0506(b)(3)]
12. 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. [I5A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification. [I 5A NCAC 02H.0506(b)(2)]
14, 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. [I 5A NCAC
02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
15. 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]
16. 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, storinwater management rules, soil erosion and sedimentation control
requirements, etc.
17. 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)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer) 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. [I 5A NCAC 02H.0502(f)]
19. 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.[ I 5A NCAC 02B.0506(b)(2)]
20. 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.[l5A
NCAC 02H.0506(b)(3) and (c)(3)]
21. 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification. [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 - 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 Hearings is:
Office of Administrative Hearings
6714 Mail Service Centel-
Raleigh, NC 27699 -6714
Telephone. (919)- 431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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 Kevin Barnett at 828-296-4657 or
kevin.bariiett@iiedeiii-.gov.
Sincerely,
$S.a Zimmerman, Acting Director
Division of Water Resources
Electronic copy only distribution:
Roger D. Bryan, Division 13 Environmental Office (electronic copy only)
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Maria Chambers, NC Wildlife Resources Commission
Kevin Barnett, NCDWR Asheville Regional Office
File Copy
,r.ri�irir��
DEN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Donald van der Vaart
Secretary
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, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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.
Apiafacant's Certification
1, , 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:
1, .......... . ....... _, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of tile 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 Certifeation
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 tile 401
Water Quality Cetlification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature ...... _ ___ Registration No.
Date
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 -807 -63001 Internet: wwvv,ncdenr,gov
An Equal OppoOunity 1 Affirmative Action Employer