HomeMy WebLinkAbout20160346 Ver 1_Approval Letter_20160503;,
Water Resour-ces
ENVIRONMEN I.41_ (]UA�I1 V
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ti. JAY 71MMf',RMAN
May 3, 2016
Granville County
NCDWR Project No. 20t60346
SR 1407
Staie Project No. SC.039060
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. J.R. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
pipe replacements on SR 1407 in Granville County:
Stream Im acts in the Roanoke Kiver Basin
Site Permanent Fi�l Riprap to Temporary Permanent Fiil Riprap to Temporary Total
I in [ntermittent lntermittent Dewatering to � in Perennial � Perennial Dewatering to Stream �
� Stream � Stream � intermittent Stream j Stream Perennial Impac�
linear ft linear ft Stream linear ft linear ft linear ft Stream linear ft linear ft)
1 0 0 0 130 10 140 (Concurrent) 140
2 25 20 45 (Concurrent) 0 0 0 45
3 22 20 42 (Concurrent) 0 0 0 42
4 16 20 36 (Concurrent) 0 0 0 36
5 � 0 38 38 (Concurrent) 0 0 0 38
161 140
Total 63 98 (Concurrent) 130 10 (Concurrent) 301
Total Stream Impact for Project: 301 linear feet.
The project shall be consiructed in accordance with your application received April 8, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification 3886. This
certification corresponds to the Nationwide Permit 14 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)
Sediment and F,rosion 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 moditied below).
Should your project change, you must notify the NCDWR and submit a new appl:catior.. [f 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 cor.ditions. If total wetland fills for this project (now or in the future) exceed one acre, or of r�tal
impacts to streams (now or in the future) exceed 150 linear feet, compznsatory 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
eonditions listed in the attached certification and any additional conditions listed below.
State ef Ner,h Carolina IEnvirormental Quality I`Nater Rescurces
1617 Mail Service Cenler, Raleigh, North Carolina 27099-1617
Phone:919-8G7-o300
Conditions of Certification:
1. 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
�ontrol meas�ares shal? not be conducted in a manner t:�at may resu!t in dis-equilibrium of �vetlands or streambeds �r
banks, adjaceni to or upstream and down stream of The above siructures. 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 or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. Riprap shall not be placed placed in the streambed in a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2) j
3. For all 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. Channel relocations shall be completed and stabilized, prior to diverting water into the new channel. Vegetation
used for bank stabilization shall be limited to native riparian vegetation. Also, rip-rap is allowed if it is necessary to
maintain the physical integrity of the stream, otherwise coir fiber matting should be used for stabilizing streambanks.
[15A NCAC 02H .0506(b)(3)]
5. 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]
6. 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. [15A NCAC 02H.0506(b)(2)]
?. Th� dimension, pattPrn ard profile of the stream abeve and belo�x� the crossing sha!1 nn± be modified. Di�turbPd
tloodplains and streams shall be restored to natural geomorphic conditions. [ 15A NCAC 02H.0506(b)(2)]
8. T'he 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)]
9. 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 C2H .0506 (b)(2) and (c)(2)]
10. 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. [15A NCAC
02H.0506(b)(3) and (c)(3)]
] 1. 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. [15A NCAC 02H.0506(b)(3)]
12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, h; draulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
13. No rock, sand or other materials shall be dredged from the stream channe] except where authorized by this
certification. [i5A NCAC G2H.GSG6(b)�3 j]
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0505(b)(3)]
15. The permittee aad its authorized agents shall conduct its activities in a manner consistent with State water c�uality
sta!tdards (including any req�airements resulting from �ompliance with §303(d) of the Clean Water Act) and ar,y 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 02BA200]
16. 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 .�505 (b)(2) and (c)(2)]
17. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be clear!y r.larked
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]
18. 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 govenunent 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.
19. The Permittee shall report any violations of this certification to the Division of Water Resources withui 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
20. 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(�]
21. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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 02B.0506(b)(2)]
22. There shall be no excavation from, or waste disposal into; jw-isdictional wetlands or waters associated with this
permit wi*ro�at �ppr�pr�ate modification, Should waste or horro•:� sit�s, or access roads to waste ar bo!�ev� sites; be
located in wetlands or streams, compensator� mitigation will be required since that is a direct impact from road
construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such F3est 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 �vith the most recent version of the North Carolina Sediment and Erosion
Cont�•ol Planning and Design Manual.
b. The design, lnstallation, 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 Conti-o! 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.
24. Sedir,��ent and erosion centrol rr.�ast�res shali not be pisced in wetlands or waters uniess otherwise ap�rovec: 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 Heazings 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 five (S) 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. Sam M. Hayes, 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 Rob Ridings at 919-707-8786.
Sincerely,
.
� S. Jay Zimmerman, Directar
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Specialist
File Copy
Water Resources
ENVIRONMEN�iF�L OU���.LiTY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUIItj':
!' 1 I :til( ( I:UK1"
UO1�;,�1 1) R ���:�N I)I;tt �''�AK'1'
ti .I �l I,IMMf?RMAN
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 �e rerarr,ed to NCCVI'R �y the app�icunt, the applicant's authorized agert, ar the project e7gireer. It is rot
necessary to send certificates from all of these.
ApplicanYs Certifrcation
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: Date:
Agent's Cert.'f•caticn
I, , hereby state that, ta the best of m� abilities, due care an� 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 Certifieation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time j 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 pians and specifications, and other supporting materials.
Signature Registration No.
Date
State of Nnrth Carolina i,Ervironmenta' �luality I VJater Reso;irces
1617 Ma�l Serrice Cenler. Raleigh, North Carolina 27699-1617
Phone:919-807-63Q0