HomeMy WebLinkAbout20160400 Ver 1_Approval Letter_20160524Wat�r Re-soz�rces
E!JVIRONMEN 1 AL G�V;\LI I Y
APPROVAL of 401 WATER QUAI.,ITY CERTIFICATION
Mr. David McHenry, Environmental Specialist
NCDOT, Divis:on 14
253 Webster Road
Sylva, North Carclina 287?9
Dear Mr. McHenry:
}';1l ��1���:KUIZ1�
,;
I)ON,1i.0 R. VAN L�GR VAART
,� _ ,�,
�. JAY "I,IMMF�,RMAN
May 24, 2016
Haywood County
1�iCDVJR Fro�ect No. 2016-0400
Bridge 102 on SR ? 1?3
State Project No. 17BP.14.R.128
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Haywood County:
Site
--, i -
—S1A
S1B
S1C
Total
Stream Im acts in the French Broad River Basin
Permanent Fill in Temporary Fill in Total Stream
Perennial Siream Perennial Stream Impaci
__ (linear ft) _ _ � _ (linear ft) ____I _ (linear fti_
-- $� ---
32
18
139
145 -----r-
145
- �y --
145
32
18
284
T�tal Stream lmpact for Project: 284 lir�ear feet.
The project shall be constructed in accordance with your appiication dated April 22, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you
shoulei 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 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 properiy is sold, the
new owner must be giv;,7 a copy af this Ce�tification and approval letter, and is thereby responsible for complying
with all the conditions. [f tota! wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to strPams (now or in the future) exceed 15�J linear feet, comper.satory mitigatio� may be required as
described in I SA I�CAC 2H .0506 (hj �6) and (7). For this approval to remain vaGd, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
�tate of NortL Carolina I,Envirer.me�?a: Qiality I, Water Resou;ces
1617 iNail Service �enter, Raieign, NoRii Carofi�a 2i699-1617
Phore:5;9-�SG?-63G0
General Conditions
1. Unless otherwise approved in this certificati�n, 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
rriaru�er tha� may result in dis-equili'orium of wetlands or streamb�ds oj� �anks, adjacent to or �pstream
and dovmstream of the ab�ve struciures. The applicant is required te provi�e ev:dence that the
equilibrium is being maintained if requested in writing by NCLV�IR. If this condition is unable to be met
due to bedrock ar other limiting features encountered during eonst!-u�tion, 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
beiween curing concrete and stream water. Water that inadver'tently contacts uncured concreie 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 project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(bl(2)1 �
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. [15A 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 �nsure that the final d�sign drawings adhere to the nermit and t� the nermit
dr���s�in�s submittPd fo_r approvaJ_ f 15A NCP �: Q2H _�50?(r) and 15A NCP.0 02H ,0506 �b)(2) and
(�)(z)]
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. [15A NCAC 02H.OSQ6(b)(3) and (c)(3}]
3. Heavy equipment.shall be operated ,�om the banks rather than in tne stream chanr.el in order to
r.iinimize sedimentatian and reduce the introduction of other pollutants ir.ta th� s�ream. [15A N�AC
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.OSQ6(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [i5A NCAC 02H.0506(b)(3)]
I1. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [l5A NCAC 02H.0506(b)(3)] �
12. The permittee and its authorized agents shall candact its activities in a manner consistent with State water
quaiity standards (ir.ciuding any requirements res?ilting h-a�r. co;npiiance �viti�� §3C3(c:j �T the Clean �%dater
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
thai Stat� or fecieral la�v ;s hea;g violated, cr that furthc: ccnditians are necessary tc assure corr�pl�an:.�,
the NCL�`rVFi ma_y cecv�luate a��d modify this certification. �15�� NCAC 0� B.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. [15A 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
1�. Tae ouiside buffer, wetland or wa�er boundaiy located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land ciisrarbing
acfivities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ISA NCAC 02H.0501 and .G502]
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. lacal, state, and
federal) having jurisdiction, including but not limi�ted to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirzments, 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.05�6(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( fl]
19. 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 &om road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
20. E?'osion. ar.d sediment ce*�tml pra�ti�es mLst be �r. fi�Ll corr_n�iance �m�th all specifcatic�ns go��ernin; the
proper design, installation and operation and maintenance of such Best Management Practices in order to
pretect surface �vaters standards [15A i�1CAC �2H.Q506(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 esceed, the requicements specified in the most recent version of the
North Carolina Sediment and Erosion Conb�ol Manual. T".•ie devices shail 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.
21. 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) an� (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
�vit� the or{�ce ot Ac:mii:ist:aiive I�earings within sirty (60} duys of recei�t ofihis natice. 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
io; �fficial state halivays. Tlze original ancl one (,l) cc�py o; ttie petition mi�st be tiJed �vith t'ne 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 Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3I00
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Deparhnent 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 yuestions, please contact Kevin Bamett at (828)296-4657 or kevin.barnett�n ncdenr.gov.
Sincerely
//'Vl�'' •
� S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Mar?a Chambers, NC �Nildlife Resourees Com.-nission
Pile �'ot�}.
Water Resources
ENv�20NMeNiA� ouilL�rv
NCDWF2 Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUIIij':
I':11 \ll�l�l:t�i?1�
I>ONnL�) R. VnN UF?R VAART
�. JAY ZIMMERMAN
Certificate of Completion
Upon completion of all work approved wiihin 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 Caro!ina Division of Water Resources, 1617 Mail Service Center, Raleigh, N��, 27699-1617. This form
rnay be returne� to PdCD�V2 by the applicant, th:, applicant's authorized ager,t, ar the praj�ct z�gineer. .� is nat
necessary to send certificates from all of these.
Applicant's Certifieation
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
specificationc, and other supporting marerial�.
Si�naiure: Datc.
,�ger.;'s Ce; tifcation
[, , hereby state that, to the best of my abilities, due care and dili�ence
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, fuil 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.
D�te
Sta:c of North Carclina IEnviro�men�al (luafitv IANater Resources
161 i Mail Service Center, Raleigh, North Carulina 27u99-1o17
°hone: 9 i 9-�307 6300