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Home My WebLink About20161008 Ver 1_Approval Letter_20161117Environmentol Quality Site Total PA'I' MCCRORY �� ,� I)ONALD R. VAN DER VAART �� c r:i.,. � JAY ZIMMERMAN c�c i: r�: ��; �� November 17, 2015 Montgomery County NCD�b'R Project No. 20161008 Bridge 228 on SR 1320 State Project No. 17RP.8.RS8 APPROVAL of 401 WATFR QUA WTY CERTIFICATION with ADPITIONAL CONDITIONS Mr. Brandon H. lones P.E., Division Enginee: tiCGOT, Division S 902 Nurth Sandhills Blvd. Aberdeen, NC 28315 Dear Mr. Jones: You have our approval, in accordance wi[h the conditions listed below, for the following impacts for the purpose of replacing Bridge 22R with a culvert in Montgomery Counry: Permanent Fill in �xrennia! Streae� 41 in the Yadkin River Basin Temporary N ili in I Riprap Stabilization 7'emporary Gewatering Pceeii�ial �«earz� I[u i'rrrr�niai Stream I tu PerevaeaE Sirexm �0 Tol�l Stream Impacl for ProjecC i67 linear feet. GS] Total Stream IlnpnCi 167 The project shall be constructed ir. accordance with your applica[ion received Oc:cber 19,2016. After revie�.int your application, we have decided that [hese impzcts are covered by General Wa[er Qualiry Certification Number 3886. This certification corresponds [o [he Na[ionv.�ide Pertnit 14 issued by the Corps of Bngineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limi[ed to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regula[ions. This approval will expire with the accompanyin� 404 permi[. This approval is valid solely for the purpose and design described in your applica[ion (unless moditied below). Should your projec[ change, you must notify the NCDW R and submit a new application. If [he property is sold.. the new ownzr �rms[ be given a copy of this Ceri'rfication and approval let[ei�, and is [herebq respunsibie for complyir�g with all the conditions. If total wetland fills for [his project (now or in [he fu[ure) exceed one acre, or of total impacts [o streams (now or in the fu[ure) exceed 150 linear feet, compensatory mitigation may be reaoired as described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid. you must adhere to the conditions lis[eti in the at[ached certifi�a[ioo and auv additionnl conditions listed below. - " Nothing Compares'-,: Ste[e uf North Caml Ina I Emiroumantal QuaLtr 1 ti I i p,ail Serv icz ;'enre; '. Raiei�h, North Carol in„ 2'6V9-! o! :� •ti�.7-lp7-9.^�p0 Conditions of �ertifncatian: i. T'Yie post-c�nsiruction rznioval of any temporary stream crossing sYructures rnust return the p�oject site to its preconstruction contours and eievations. The impacted areas shall be revegetated witn appropriate native species. [15A NCAC 02H .0506(b)(2)] 2. As a condition of this 401 Water Qualit�� Certificatio:�, the br:dge dem�lition must be accomplished in strict com�lianLe :�ith the�most rece:�t rersiaa ofI�TCDOT's Best Manageme7t Practic�s for Construction and 1V_aintenance Activities. [l SA NCAC 02H .0507;d)(2) and l SA NC�C 02H .0505(b1(5)] 3: Unless other�vise apprcv�3 ;n this certification, placement of cu:verts and oth:,: structures in opan waters ar.d streams, shall be placed below the elevation of the streambed by one foot ior all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for ctilverts having a diameter less than 48 inches, to a11ow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion c�r:trol measures shali not be conducted in a marEner that r:iay result ui dis-equi.:b:ium or wetlands ur str;,ambeds or banks, adjacent to or upstream and down stream of the above structures. 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 feztures encountered during construction, please contact the NCD�TdR for guidance on ho�i� ±o proceed and to determine whether or not a permit modification will he required. [15A NCAG 02H.0506(b)(2)] 4. Riprap shall not be placzd in the active thalweg channel or placed 'm the streambed in a munner that precludes . aquatic life passage...Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 5. For any 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)] 6. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maxirnum extent practicable. Ei�orts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for -- maintaining the stream bank staUility. Any appiicable riparian buffer impact for access to sh•eam channel shall be temnorary and be revegetated with native riparian species. f 15A NCAC Q2H.0506(b)(2}] - 7.-. If c�r�cret� is:used duri�►g co�stn.ction, a dry work area shall be ma�ntained to prevert direct contact beriveen � curing concrete and stream u�ater.. Water that inadvertently contacts ancured concrete shall not be dischzxged to surface waters.due.±o the potential for elevated pH and possible aquatic life and fish k�lls. [i5A NCAC 02B.0200] _ _ _ 8. During the constructior. of the project, no staging of equipment of any� kind is pe:mitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 9. The dimension, pattern and.profile of the stream above and below the crossing shall not be modifi�d. Disturbed .. floodplains and streams sha11_ be restorPd to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2); 10. 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 th�t it does not impede aquatic life passage. [15A - NCAC 02H.0506(b)(2)] ll_ The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings .. . su"umiited for approvai. [] 5� Pd�AC 02H .C507 (e) and 15A N�AC 02I� .OSC& (t3)(2) and (c)(2 j] 12. All work in or adjacent to sn•eam 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, _ cofierdams and other d�versiuti structures shall be usec� to prevent excavation in flnw;ng water. [15A NCAC O�H.0506(b j(3) and (cl(;)] 13. 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)] 14. A.11 n�e�har,izeci equip�nei�t opP}•ated r►sa� suf�ce �va:ers nr�st be s•egtilarly ;nspected an� r,�_aint�ine� to prevent coniamination of sYearn waters fram fuels, lubricauts, hydraulic fluids, or othe; toxic r_r,aterials. f15A NCAC i2i-i.�506�b)(3)� 15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [i5A NCAC 02HA506(b)(3)j 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] ]7. The perrr:i�tee ar.d its a�a±l:o:ized ager.ts shall ccaduct its activities :r a manr.er a�nsistent w�ith S;ate trat:,; qu�lir,� s�andards (includi�g any requirements resulting from �osnplian�e with §303(d) af the C�ean Water Act} and any othe; approp:iate requirements of State and Fe3eral la�v. If the NCDWR determines t�'�at such standards or laws are not being met (including th� �ailure to sus�a:n a designzted or achieved use) ar that State ar Tcderal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certiiication. [15A NCAC 02B.0200] 1-°. A copy oi this V��ater Quality Cet-tification shall be maintained cn the construction site at all tir:ies. In additicn, the Water Quality Certi_fication 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)] 19. 1fie outside wetland or water _boundary 1_ocated ��ithin the canstruction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts tc areas within the fzncing a: e prohibited unless other�vise a��thorized by this certification. [15A NCAC 02H.0501 and .0502] _ .- 20. 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. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 2�. fhe Yermittee shall report any-vioiations of this certification to the Divis:on of Water Resou:ces within 24 hours of � uiscovery. [15A I1CAC 02B.G506(b)(2)] � � � _ 22. Upun com�iletioji.of.ihe project (includiiig any impacts at associatPd boirow ar waste sites), the NCDOT Di.visiori - �-�ngileer. shall- comrlete and retizrn the encJosed "Certif�c�tian of Cc�:rpl�tioa Form" ro natify tha NCDV�JR when all wQr:c included-in the 401 Certifcation has been completed. [15A NCAC 02H.0502(fl] 23: Native iiparian vegetatior� (ex. list herbaceous, irees, and stu-ubs nati�e to your geographic region) must be reestablished in the riparian areas �vithin the cor.struction limits ofthe project by the er.d of the growinb season following completion of construction. [15A NCAC 02B.0506(b)(2)] 2�1. There shall be_no excavation from, .or waste. disposal into, jurisdictional Evetlands or waters associated with this permit without appropriate. mod�fication. Should waste or borrow sites, ar access roads te ��vaste or borrow sites, be -- located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 25. Erosion and sediment conirol practices must be in full compliance with all specii�cations gaverning the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [1SA NCAC 02H.0506(b)(3) and (c)(3)]: ._ a. The erosion and sediment control measures for the projec± must be desib ed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sedin:ent and Erosion Control Planning and Design Manual. b. The design, installation,:operation, and mainienance of the sediment and erosion control measures must .�_ .. be s��ch that..they.eqiial, or exceed, the requiren�ents specified in the most rec�nt version of the Nortn . . �G.1�O�it1U u2�1n92%el �rd F'i'OS�Gi? �Oist!'Gl /i�i(rYc2l'l!. 7'(1� ��V1CtS 3}iail r,e �;,ai��tllhei'� 011 ii�3 �QriSili]C7iC�ii sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Eor bs�c-!�o�u pi1. sites, thc er��sio:� and sed�ment conrrol meas�.u�es niusi be �esigned, �r�staiie�, operaie�, and mair,tained in acco�dar�ce ;vith the m�st recent versien ef tne No;�iFr Caf•ol:na Sur,face tLlining tL�anual. . - d. The reclaznation measures and implementation must wmply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [15A NCAC 02H.0506(bX3) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearir.g. You may obtain the peNtion form from the office of Administrative hearings. You must file the petition with the otFce of Adminuuative Heazings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. T'he 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 wi[h 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 (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (9l9) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Departmeni of Environmental Quality 1601 Mail Service Center This letter wmpletes 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 ' merman, D ec[or Division of Water Resources Electronic copy only distribution: Andy Williams, US Army Corps of Engineers Art King, Division S Environmental Officer 8 File Copy Environmentul QUQlfty NCDW'R Project No.: Applicant: Project Name: Date oT Issuance of 401 Water Qnality Certification: Cuunty: PAT MCCRORY c„�� ,,,� DONALD R. VAN UER VAART Scercivq: JAY ZIMMERMAN owr, o��:��o� Certificate of Completion Upon comple[ion of all work approved within the 401 Water Quality Certifica[ion or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Pertritting Unit, North Carolina Division of Water Resources, 1617 Mail Service Centec Raleigh, NC, 27699-1617. This fortn may be retamed to NCDN-'R by the applicant, the aUolicant's authorized agent, or the project engineec [t in not necessary to send certificates from a!1 of these. ApplicanPs Certificalion I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the conshuction such that the construction was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and o[her supporting materials. Signahire' _ Date: AgenYs C2r/ificu8on 1, , hereby state that, to the best of my abilities, due care and diligznce was used in the observation of the construction such that the conswction was observed to be built within substantial compliance and ullen[ of the 401 Water Quality Certi?ication aiid Buffer Rules, Ihe approved plans and specifications, and other supporting materi�ls. Signature Date: Engineer's Certification Pariial Final i, , as a duly regis[ered Professiooal Engineer in the State ofNorth Cazolina, having been au[horized to observe (periodica!ly, weekly, full time) the construc[ion of the project for the Permittee hereby stace that, to the best of my abilities, due care and diligence was used in the observation of the construction such [hat [he construc[ion was observed to be built within substan[ial compliance and intent of the 401 R'ater Qualiry Certitication ar.d Buffer Rules, [he approved plans and specifications, and other supportirg materials. Signaturc Date Registra[ion No. - :" �'Nothing Compares-'—._. Stulc ofNorth Cnrolinn i Gnvimnmental QualiC: 161; Mafl Seri�ca Center', Raleigh, horth C9rolina Z/699J5i I . i 7J'-c,rtrl