HomeMy WebLinkAbout20160648 Ver 1_Approval Letter_20160725Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
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DONALD R VAN DER VAART
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S JAY ZIMMERMAN
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July 25, 2016
Polk County
NCDWR Pro�ect No 2016-0648
Br►dge 189 on SR 1 151
State Project No 17BP 14.R.142
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr David McHenry
NCDOT, Divis�on 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr McHenry:
You have our approval, in accordance wrth the condrt�ons listed below, for the follow�ng impacts for the purpose of
bridge replacement in Polk County
Stream Im acts in the Broad Rrver Basin
Site Permanent Fill in Temporary Fill in
Perenn�al Stream Perennial Stream
I�near ft
1 50
lA
1B 22
1C 28
100
Total
�near
120
120
Total Stream
Impact
(I�near ft)
50
120
22
28
220
Total Stream Impact for Pro�ect• 220 linear feet.
The project shall be constructed m accordance with your appl�cat�on dated June 28, 2016 After rev�ew�ng your
appl�cation, we have decided that these impacts are covered by General Water Qualrty Certification Number 3886
This certification corresponds to the Nationwide Perm�t 14 issued by the Corps of Engineers In addit�on, you
should acqu�re any other federal, state or local permrts before you proceed wrth your project includmg (but not
lim�ted to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations This approval
will expire wrth the accompany�ng 404 per►nrt
This approval is valid solely for the purpose and design described m your appl�cation (unless modified below)
Should your pro�ect change, you must notify the NCDWR and submit a new applicat�on If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complymg
wrth all the condrt�ons. If total wetland fills for this pro�ect (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 Imear feet, compensatory mrt�gat�on may be required as
described m 15A NCAC 2H 0506 (h) (6) and (7) For th�s approval to remam val�d, you must adhere to the
condit�ons listed in the attached cemfication(s) and any addrt�onal condrt�ons listed below
Cond�t�on(s) of Certiticat�on:
Ceneral Condrtions
State of North Cazolina �Environmental Qualrty � Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
Phone 919-807 6300
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. [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(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. [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 ensure that the fmal 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
��)�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 flowing water [15A 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. [15A 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. [15A NCAC 02H.0506(b)(3)]
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A 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) ofthe 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. [15A 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. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be mamtamed on the construction srte at all tunes In
add�tion, the Water Qualrty Certification and all subsequent modifications, if any, shall be mamtamed with
the Drvision Engmeer and the on-site pro�ect manager [15A 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 fencmg pnor to any land disturbmg
activities. Impacts to areas wrthm the fencmg are proh�brted unless otherwise authorized by this
certification [15A NCAC 02H 0501 and 0502]
16. The issuance of th�s certification does not exempt the Permittee from complymg wrth any and all statutes,
rules, regulations, or ordmances that may be imposed by other government agencies (i e local, state, and
federal) havmg �urisd�ction, mcluding but not hmrted to apphcable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc
17. The Permittee shall report any violations of this certificarion to the Drvision of Water Resources withm
24 hours of discovery [15A NCAC 02B 0506(b)(2)]
18 Upon completion of the pro�ect (mcluding any impacts at associated borrow or waste srtes), the NCDOT
Division Engmeer shall complete and return the enclosed "Certificat�on of Complehon Form" to notify
the NCDWR when all work included m the 401 Certification has been completed [15A NCAC
02H 0502( fl]
19. There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated
wrth this permrt without appropriate modification. Should waste or borrow sites, or access roads to waste
or borrow sites, be located m wetlands or streams, compensatory mitigation will be requ�red smce that is
a duect unpact from road construction activrties.[15A NCAC 02H 0506(b)(3) and (c)(3)]
20. Erosion and sediment control practices must be m full comphance wrth all specifications governmg the
proper design, mstallahon and operation and maintenance of such Best Management Practices m order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3])
a. The erosion and sediment control measures for the pro�ect must be designed, installed, operated,
and mamtamed m accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual
b The design, u�►stallation, operation, and mamtenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requ�rements specified m the most recent version of the
North Carolrna Sediment and Erosion Control Manual 'The devices shall be mamtamed on all
construction srtes, borrow srtes, and waste pile (spoil) pro�ects, including contractor-owned or leased
borrow prts associated with the pro�ect.
c For borrow prt sites, the eros�on and sediment control measures must be designed, mstalled,
operated, and mamtamed in accordance wrth the most recent version of the North Carolina Surface
Mining Manual
d The reclamation measures and implementation must comply wrth the reclamation m accordance
with the requirements of the Sedimentahon Pollution Control Act
21. Sediment and eros�on control measures shall not be placed m 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 admmistrarive
hearmg You may obtam the petrtion form from the office of Admmistrative hearings You must file the petrtion
with the office of Admmistrative Hearu►gs withm sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Admmistrarive Hearmgs during normal office hours The Office of
Admmistrative Hearings accepts filmgs Monday through Friday between the hours of 8•OOam and 5 OOpm, except
for official state holidays The original and one (1) copy of the petrtion must be filed wrth the Office of
Admimstrative Hearmgs
The petrtion may be faxed-provided the ongmal and one copy of the document is recerved by the Office of
Admmistrative Hearmgs wrthm five (5) busmess days following the faxed transmission
The mailmg address for the Office of Admmistrative 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 pehrion must also be served on DEQ as follows
Mr Sam M Hayes, General Counsel
Department of Env�ronmental Quality
1601 Mail Service Center
T'his 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 barnett@ncdenr gov
Sincerely,
l? �
S Jay Zimmerman, Director
Division of Water Resources
Electromc copy only distribution
Lon Beckwrth, US Army Corps of Engmeers, Asheville Field Office
Marla Chambers, NC Wildhfe Resources Commission
File Copy
Water Resources
ENVIRONMEN f AL OUALITY
NCDWR Project No •
Applicant:
Pro�ect Name:
Date of Issuance of 401 Water Quahty CertiCcation:
COUIIi)':
PAT MCCRORY
Governor
DONALD R VAN DER VAART
.ti����,•��ur�:
S JAY ZIMMERMAN
l )irec(ur
Certificate of Completion
Upon complet�on of all work approved within the 40l Water Quality Cert�ficat�on ar applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this cert�ficate to the 401 Transportation Perm�ttmg
Un�t, North Carolma D�vision of Water Resources, 1617 Mail Serv�ce Center, Raleigh, NC, 27699-1617 This form
may be returned to NCDWR by the applicant, the applicant's authonzed agent, or the pro�ect engineer It is not
necessary to send cert�ficates from all of these
App[ccant's Certification
I, , hereby state that, to the best of my abilrt�es, due care and diligence
was used m the observation of the construct�on such that the construction was observed to be bu�lt wrthm substantial
compl�ance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specificat�ons, and other supporting materials
Signature. Date.
Agent's Cert[fication
I, , hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the construction such that the construct�on was observed to be built within substantial
compl�ance and mtent of the 401 Water Qual�ty Certification and Buffer Rules, the approved plans and
spec�ficat�ons, and other supportmg matenals
S�gnature Date
Eng�neer's Certification
Part�al Final
I, , as a duly reg�stered Professional Engmeer �n the State of North
Carolina, having been authorized to observe (per�od�cally, weekly, full time) the construction of the pro�ect far the
Permittee hereby state that, to the best of my abilit�es, due care and diligence was used m the observation of the
construction such that the construct�on was observed to be built withm substantial compl�ance and intent of the 40]
Water Quality Certification and Buffer Rules, the approved plans and specificat�ons, and other supporting materials.
Stgnature
Date
Registration No
State of North Carolma IEnvironmental Quahty � Water Resources
1617 Mail Service Center, Raleigh, North Carohna 27699-1617