HomeMy WebLinkAbout20160189 Ver 1_Approval Letter_20160321Wnter Resources
ENVIHONMENIAL �UAl1IT
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
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March 21, 2016
Buncoinbe County
NCDWR Project No. 2016-0189
(Bridge 677 on) SR 1397
State Project No. 17BP.13.R.151
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Roger D. Bryan, Environmental Officer
NCDOT, Division 13
55 Orange Street
Post Office E3ox 3279
Asheville, North Carolina 28802-3279
Dear Mc Bryan:.
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Bridge Replacement in Buncombe Coonty:
Stream Im acts in the French Broad River Basin
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact
linear ft linear ft linear ft
SI 130 I30
SIA 45 45
S1B 52 52
SIC 83 83
t35 l75 210
Total
Cotal Stream �mpact [or Yro�ect: 2iu unear teet.
The project shall be constructed in accordance with your application dated February 29, 2016. Affer reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certifica[ion corresponds to the Na[ioinvide Permit 14 issued by Ihe 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) Sedimen[ and Erosion Conh'ol, Non-Discharge and Wa[er Supply Wa[ershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Shoold your project change, yoo 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 I50 linear feet, compensatory mitigalion may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you most adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Slnle of Nonh Camlfna IEnvimnmemal Quality I Waler Resoumes
1fi77 Mail Service Cenler, Raleioh, Norlh Carolina 27699-1617
Condition(s) of Certification:
General Conditions
l. 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 aIl 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 strucwres 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 applican[ is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this conditio� 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.
[]SA 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. [15A NCAC 02B.0200]
3. During the construction of the projec[, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A 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 SA 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. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permi[ and to the permit
drawings submitted for approvaL [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)1
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 flowing water. [ISA 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 in[roduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
phrevent 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. [15A NCAC 02H.0506(b)(3)]
1l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibi[ed. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct i[s activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Ac[) 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 certifica[ion. [ISA 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. [ 1 SA 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. [ISA NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wedand 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 govemment 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.
17. 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)]
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. [15A NCAC
02H.0502(�]
19. There shall be no excavation from, or waste disposal into, jurisdictional wedands or waters associated
with this permit without appropriate modifica[ion. 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)]
20. 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 Sedrment and
Erosion Cantrol 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 Carolrna SedDnent and Erosion Control Manua[. The devices shall be maintained on all
consuuction 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.
21. Sediment and erosion control measures shall not be placed in wedands 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 mus[ file a petition for an administrative
hearing. You may obtain the petition fonn 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 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 document is received by the Office of
Administrative Hearings within tive (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
7'elephone: (919) 431-300Q Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resowces under Section 401 of the Clean Water Act. If you
have any questions, please contact Kevin Barnett at (828)230-8470 or kevin.barnett@ncdenr.gov.
S�ely,
��/� U �O,r
S. Jay Zimmennan, Dvector
Division of Water Resources
Electronic copy onty distribution:
Lori Beckwith, US Ariny Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy
Water Resources
ENV IRONMEN I Al OVAI.iiY
NCDWR Project No.: Coimty:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certification:
PAT MCCRORY
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DONALD R. VAN DFR VAART
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S. JAY ZIMMERMAN
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Certifcate of Completio❑
Upon comple[ion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subseqaent modifications, Ihe applican[ is required [o relurn this certificate to the 401 Transporta[ion Pennitting
Unit, North Carolina Division of Water Resoorces, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicanYs authorized agent, or the project engineer. It is not
necessary to send certificztes from all of these.
ApplirnnPs Cerliflcntrou
I, , hereby state that, to the best of iny abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built witliin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other suppor[ing materials.
Signature: Date:
AgenYs Certlfrcatio�i
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observa[ion of the construction sueh that the construction was observed to be built within substantial
compliance and intent of the 40I Water Quality Certifcation and Buffer Rules, the approved plans and
specifications, and other suppotYing materials.
Signature: Date:
Engineer's CerliJiention
Partial Final
�, , as a duly registered Professional Enginecr in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction oPtlie project for the
Permittee hereby state that, to the best of iny 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 Boffer Rules, the approved plans and speeifica[ions, and other supporting ma[erials.
Signature
Date
Registration No.
Slale ol NnnL Cerolina IFnvironmen�al Quaii�y I �✓T�er Remurces
1617 Mail Service Center, Raleigh, Notlh Camllna 2769&1617