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HomeMy WebLinkAbout20160648 Ver 1_Approval Letter_20160725Water Resources ENVIRONMENTAL OUALITY PAT MCCRORY r��„��.,,���� DONALD R VAN DER VAART .���:��,•�,�,r�� S JAY ZIMMERMAN lhYeClui' 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