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Home My WebLink About20160807 Ver 1_Approval Letter_20161011;, Environmental Quality PAT MCCRORY Gover,or DONALD R. VAN DER VAART Sea��-! ary JAY IIMMERMAN D�L'R Dirc�t��r Qctot�ei I 1, 2010 iredell Courty NC7V4'R Project No. 20160807�.1 TIF No. G5531 AFPROVAL of 401 WATER QUALITY CERTIF[�ATION, with ADDITIUNAL CONDITIONS Mr. Erskine Smith, Town �lanager Town of Mooresville P.C. uox 878 Niooresviile, NC 2"a i l � Dear Mr. Smith: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of sidewalk improvements in Iredell County: gtr?a�r� in�p�ac-tz in t3lc �'=,tai�� ::Lc: 6�.s��: � Permaneni Fi{ � Temporary Fili �Stream Impacts Total S trea:n Site Ear.l: :n Perennial im Pe. can�al � �� Reqairing Stabilizatian I Stream Stream � 1Vfitieation (linear ft) (linear ft) (linear ft) Qinear ft) c_� 54 54 S-2( um around im acts) 51 Si 0 0 TOTAL 0 51 105 0 Tatal Stream Ir7pact for Project: 105 linear feet. DVVR Mitigation T'otaL• 0 linear feet 'I'he project si�a�l be constructed in accordar,ce with your application dated received August 18, 201ti. After reviewing your application, v✓e have decided that these impacts are cover�d by General Water Quality Certification Number 3$84. This certification corresponds to the N•r.tionwide Permit 12 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 noi limitPd to) Sediment and Erosion Control, ?von-Discharge and VGater Suppl� �"atershed regu�ations. 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 property is sold, the ne�a� a;vner r„usi be g�v�r a capy of this C:ert�ii�a�ior. and a�proval letter, ar=ci is t�Ereby resp�ns:nle fQr cemply;� ` with al! ihe co:�ditior�s. If i�tal wetland ±ii(s ;ar t}�is project (no�h c,:� in t��e .uture; er.ceed one acre, er ui tGta" " �'NotMir�g Campar�s`"-- � Si�tz ofNorth �arolin•r.! �nv,ien!n:ntal Quai�.� 161 i�aii Service Center � kaleigh, Nortn Carolina �7ti99-16i 1 91y-707-9UG0 imp�cts to streams (now or in the future) exceed :50 linear feet, compensatory mitigatior. 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 couditions listed in tlie attached ezriification(s j and any additional co�iditior�s listed below. Condition(s) of Certification: Prajec� Specific Ccnd'ations 1. Riprap shall not be placed in the active tl:alweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengi.-�eerir.g boulders cr stractures shcu:d be properly designeri, sized and installed. [15A NCAC 02H.0506(b)(2)] 2. Far the 51 linear feet of stream being impacted due to site dewatering activities, the site shall be graded to its preconsh-uctior. contcurs a�►d revegeiatec: witti ap�ropriaie native species. [15A N�AC 02H.0506(b)(2)] 3. At the end of each headwall, the stream bed shall be restored to allow the stream to access the cklvert and allow aquatic passage. Any deviation from this will need on site approval from NC DWR. [15A NCAC 02H.0506(b)(2)] 4. Native stream bed material excavated to install the headwalls shall be retained, stored separately from other stockpiled material, and used to restore the streambed to proper elevation that allows for aquatic passage. [15A NCAC 02H.0506(b)(2)] 5. The bypass pumping operation shall be maintained continuously during headwall construction. Adequate back up measures, such as a back-up pump or extra pump capacity during a rain event, shall be employed. All bypasses of the impervious dike are to be reported. The bypass pumps, if operated on a float system, shall have fuel level monitored at intervals adequate to maintain pump viability. If pumps a�e not operated on a float system, pamps snall be checked more frequently, as to correspond to fuel usage, to ensure purr�p viability during weekends and holidays. [15A NCAC 02H.0506(b)(31 and (��(�)l General �o�►ditions 'Jnless ctherwise approved ui this certification, placement of culverts a�Id other sn•nctures 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 lov� flew passaje of v�ater ai:d aquatic life. Design and placement of culverts and other structures including temporary erosion control measures snall not be conducted in a manner that may restilt in dis-equilibrium of �vetlands or streambeds or banks, adj acent 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 guidar�ce on how to proceed and to deterniine whether or not a permit modification will be required. (15A NCAC 02H.0506(b)(2)] 2. If c�rcrete is used during cons*�uciioa, a dry work area shall be maintained to prevent direct coatact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the notential for eievated pH and possible aquatic life and tish kills. [15A NCAC 02B.0200] Durir,g the constructio�i of the project; no stagii�g of equipmerrt of any kind is permitted 'ui waters of rhe T?.fi., or p� o.ected � ipar-ian bufi rs. [� 5� IvTi.r�! � C2H.O�QS(h)�2 j] 4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. i�ist�.z�i�ed �oodplai��s a��d st�eams shsll �e restorgd io nat��ral Geonior�hic condit�or.s. [l5A NCAC G2F;.QJ�6(h��s',i] 5. Thz u�e of rip-rap abcv� the Nor�:►al High Water Mark shall be minimized. Ar,y rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquaiic 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)l 7. All work in or adjacent to stream waters shali be conducte,d in a�:-;� work aiea. A�;praved BMP measures from the most current version of NCBOT Construction and Maintenance �ctiv:ties manual such as sar,dbags, rock berms, cofferda�ns ard other diversion structures s�all be used ta prevent excavation in flowing water. [15Ei NCAC 02H.05�6('n)(3) and (c)(3)] �. Heavy equipment shall be operated from the banks rathcr thaa in the stream channel in order to m.inir�i�� sedim�atation unc� reduce the intrcduction a� other pollutaats int� the sh•cam. [1 SA NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface �vat�rs must be regularly inspected and maintained to grevent contamination of stream w�ters from fiaels, lubricants, hyd:�ulic fluids, ar o�her 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 permit�ee and its authorized agents shall conduct its activities in a manner consistent with Siate water quality standards (including an� requirements resulting from compliance with §303(d) ofthe �lean Water Act) and any oiher appropriate requirements of State and Federal iaw. if the NCDWR determines that such standards or laws are not being met (including tlie failure to sustain a aesignated or acnievecl use) or ihat �tate or federnl invy is being vi�lated, or ihat furtrier conuitions are necessa�ry to assure compliance, the NCDWR_ may re;,�.�aluate a7d m.o�'�ify this certific�ta�n. [1`A NCAC 02R.�200] 13. All fill slopes locat�d in jurisdictional wetlands sha!1 be placed at slopes no flat�er than 3:1, unless other�+ise authorized Y�y this certification. [15� N�AC 02H.0506�)(2)j 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addiiion, the VJater G?uality Certification and all subseqaent n:o4ifications, if any, shall l�e maintained with the Division F.ngineer and the on-site project manajer. [15A NCAC 02H .OSQ7(cl and ISA NCAC U2H .0506 (b)(2) �nd (c)(2)1 15. The outside Uuffer, wetland or water boundary located within the construction corridor approved by this authorizati�n shall be cle�rly mar:ced by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otlierwise authorized by this certitication. [ 15A NCAC 02H.0501 and .0502] 15. The :ssuance of inis certification do�s not exe�npt the Permittee fror.i compiying witk aay and all s�atutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stoiTnwater management rules, soil erosion and sedimentation control requirements, etc. 17.. The Permittee sha11 report anv violations of tl�is certification to the Division of Water IZesources within 2.4;,�•it_rs asdis�o�,esy. []SA NC�1u O�B.OS�Si.�;i�l� 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the Town of Mcoresv�l]e.sl�aIi con?plete anu� reb�-f� t'ne ecc;ose� "Certiziaatior ef ::�cnpl�±i�r. T'arin" to neiify th� I�'CD :�%R ��her ai1 woric ir_cl�,�zd i�i thz 40 i Ce� Eificatian lzas ueec� corr,pietFd. [ i �A NC �C Q"1H.�5�Z�fl1 11. Nutive rirarian vegetatian [ex. Salix nigra, Jcneus (spp), Carex (spF�, et al.] must be reestablisY:ed in the riparian areas within the construction limits of the project by the end of the growing season following co�7ipletion of construct�on must be reestablished iri the t-ij�arian areas witiiui tiie coiistiuciioi� lir,its of the project by the end of the growing season fbllowing completion of construction. [15A NCAC 02B.0231(b)(6)] 2�. Th.re shali be r.o exc�vation fro±r., or waste disposal into, juris�ictianat wetlands Lr ;�+aters associat�d wifn fhis permii witi�aut appro�riaie modifcatior.. Should waste or t�orrow sites, er access roads ie waste ar borrow sites, be located in ��etiands or streams, compensatory nitigatioi� wili be requi:ed since that is a direct impact from r�ad construction activities.[15A NCAC Q2I�.G506(b)(3 j and (c}(3)j 21. Erosion and sedimer_t control practices must be in fiill compliance with all specifications goverr.ing the prop�r dzsign, installation an� cperation and mainter.ance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3] j: a. T_h.e erosion and sedimer.± control measures for the project m�ast be desi�ed, i*�stal:Pd, ogerated, and maintained in accordance with the most recent version of the �Vorth Carolina Sediment and Erosion Control Planning and Design A�fanual. b. Tl�e ciesign, installntion, operation, and maintenance �f fl�e 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 Sedimeni and Erosion Control Nlanual. The devices shail be maintained on ail ,;onstruction sites, borrow sites, and waste pile (spoil) projects, including contractar-owned or :eased borrow pits associated with the project. c. For bo:row pit sites, the erosion and sediment control measurPs 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. 22. Sediment and erosion control measures shall not be nlaced in wetlands �r waters unless otherwise arprovPd by this Certi_ftcation. [1SA. �T�'AC n2:H.OS06(h?;3? and. (�)(3?l If yau wish to contest any statement nl the attached Certification you must file a petiti�n for an administrative hearir.g. You may obtain the petition form from the office of Administrative hearings. You must file the petitian with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered iled wher. it is received in the o�ce of Administrative Hearings during normai off ce hours. The Offic� �f Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except f�r officia; state h�lidays. 'The original an� one (1) co�y of tne petitiun must be f led witl� the Office af Administrative IIearin�s. 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 Administra±ive Hearings is: Office of Adminis?rative Hearings 6714 Mail Se�v:ce Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimiie: (919) 431-3100 A copy of the petition must also be served on DF,Q as follows: M:. Sam M.Nayes, General Counsel Jepa.�-tinet!i af ��s��i��ri:�e�tal Quality 1601 Mail Service Center T`h;s le� er comp:etes the revi�a� of t�P �ivts:or. of Vdate.r R�sources uncler Stictiezn 401 of �he Clean'�Vater Ac;. I.f you have any q;z�siions, pleas� cor:�act Donna Hood at (704 j532-2"a39 or �oi�ua.hoo�@ncle7r.�cv. Sincerely, � � ,' S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Steve Kichefski, US Army Corps af Engineers, Asheville Field Office Trish Beam, Division 12 Environmental Otiicer Mazella Buncick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission File Capy Environmental Quality �r�D�V� Pr�j��t i�T��1.: Appiicant: Prajeet �`aire: Date of Issuance of 401 Water Qua[ity Certification: Coun:y; PAT MCCRORY � J � �'�.-C I Il �l[ DONALD R. VAN DER VAART ��r;i-,�, JAY ZIMMERMAN I�',v� l�irector Certificate of Completion Upon rompletion of all work approved within the 401 Water Quality Certificakion or arplicabl� Buffer Rules, and any subsequent modifications, the applicant is required to reh�rn this certificate to the 401 Transportation Pernlitting Unit, North Caro�ina Division of l�later Resources, 1617 Mail Service Center, Raleigh, NC, 2?699-1617. This forcn may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary t� send certi�cates from all of these. Applicant's Certification 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 specifications, and other supporting materials. Sienature: 1�ate: Agent's C'ertification I, ___ __ __, here6y state that, to the best of my ab�lities, due care and diligenee was used in the observation of the censtruction such that the construction �vas observed to be built with;n substantial compliance and intent of the 40l Water Quality Certification and Buffer Rules, the approved plans and spccifica?ior.s, ar►d oth�r suppoiling materials. Sibnature: Date: Engineer's CerFificatio.n Partial Fina] [, _ _ , as a duly registered Prafessional Engineer in thz State of Nerth Carolina, ha�rinb been authorized to observe (periodically, �veekly, full titr.e) th� construction o'�±he preject for the Pernlitte� he:eby state ±hat, to the best of my abilities, due care ar� diliaence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent ot the 4U1 Water Quality Certificaiiun ai�d Buffer Rules; the approved pians and specificat;ons, and other supporting materials. Signature i7aie Regictratio_r. No. , =�Nathing Campares-"—__. Sta_ie e� Norih Caroiir�a j�,nviromnental Qun!Ry 16i 1 Maii Senice ienter i Raleigii, Norih Caroi�na 27G99-iol i 9i9-7G7-9GOG