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HomeMy WebLinkAbout20100536 Ver 2_Approval Letter_20161122Environmen ta I QUQIICy PAT MCCRORY Gorernnr DONALD R. VAN DER VAART Secrc�ar, JAY ZIMMERMAN D�oi: uireaor Nuvemoer �2 ?016 Vance Courry DWR Project Na 20100536 ver SR I 165 TIP Na L-4916 .4PPROVAL of 401 WATER QUALITY CERTIFICATION witb ADDITIONAL CONDITIONS Mr. Frark Frazier, Depu[y City M1lanager Ciiy uf Hendeisar 134 Rose Avenue Ftenderson, NC 27536 Dear Mr Frazier. You have our approval, in aeeordance with the conditions listed below, for [he following impacts for the purpose of widening SR 1 165 in Vance County: Stream Im acts in the Rnanoke River Basin 5ite Permanent Fill in Ferennial � Temporary Irtipact io Perenniai Total 5tream hnpacf I �irzam Qinear i;! , St.cnEn ll�nsar fr) ; [iinear fT) Totai 8� 89 Total Stream Impact for Project: 99 iinear feet. 10 99 99 The project shall be con;tructed in accordance with your applica[ioc mceived October 28, 2C! 6. After reviewing your applieation, we have decided that [hese impactc are cevered by General Wa!er Quality Certiticztion Number 3886. This certifica!ion corresponds :o the Nationwide Permit 14 issued by the Corps of Engineers. In addition. you should acquire any other federal, state or local pertnits 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 accomp�nying 404 permiL This certification replaces the one issued July 28, 2010. This apprmal is valid solely for the purpose and design described in your apnlication (unless modified below). Should your projPct change, you must notifv Ihe NCDW R and submit a new application. If the property is sold, the new owncr must be gi�en a copy of this Certification and approval letter, and is thcreby respon�ible for complying with all the wnditions. If total wetland fills for this project (now er in the fumre) exceed one acre, or of total impae[s to streams (riow or in the iuture) exceed 150 linear feet, compensatory mi[igation may be required a.,� described in 15A NCAC 2H .0506 (hl (6) and (71. For this approval to remain valid, you must adhere to the conditions lisied in [he referenced certification anti nny additiunxl conditions listed below. -'�'Nothing Compares-"-.� State ofNoR6 Ca:olfna I Linvi;unrc'�en:al Quality 16I j p�ail Service CenLr I Rnle�Sh Nurtn Camlms 3ib94-lbl I 91�-7J7-9PGn Con�itions of �ertif•.cztian: l. tinless oihe�•wise approved in ihis certification, placer�ient of culveris and oihe� structures in open waters and streams, shall be placed 'oelow the eievation oi 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 centro] measi�res. shal] net be conducted in a manner t?�at may result in dis-equilibrium of wetla�ds or streambeds or �an.� s, a�jacert to ar upstream zr.d d��vr. stream �f the �bove structares. The apglicar.t is required to p:o�:ids e��ider.ce tY;at the equilibriu*�? is being mair�tained if requested in writing by the NGDWR. If this condition is unaY,le to b� met due to bedrock ar ether limiting fear,u-es encounter�d during construction, please cor.tact the NCDWR fcr guidance on � how to proceed anG to determir.e wr.ether ar not a permit modification wil� be required. [i5A I`TCAC 02�I.(�506(b)(2)] _. __�. Tf multiple.pipes_ar barrels are required, they shall be designed to mimic natural stream cross section as closely as possible includi.�g pipes or barrels at flood plain elevation and/or sills w'r.ere appropr:ate. Widening the stream cha:uiel st-iould be av�oiaed. Stream char,nel tii-idenuig ai the inlet or outlet end of struc�azr�s typically �ecreases wat�r velocity causing sediment denosition that requires increased maintenance and disrupts aquatic life passage. [15A - NCAC 02H.0506(b)(2)] : 3. Riprap shall not be placed in the active thalweg channel or placed in the streambe� in a manner that precludes _ aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A 1�TCAC 02H.0505(b)(2)] _ 4. For any streams 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)] 5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stc•eam bank stability. Any applicable riparian buffer impact for access to stream cl-iaimel shall be teinporary and be revegetated with native ripariaa species. [15A NCAC 02H.0506(b)(2)j o`. If concrete is used�durnig construction, a dry work area shall l�e maintained to preveirt direct contact t�etween curi�ig concrete aud siream wat�r. � Watzr fliat i��advertenily coniacts urlcured conere�e shati i�oi be discnarged to -- suxface waters dzie to the poteatial for elevated pY. a;.d possible aquatic life ard fish ki.!1s. i15A N��c oa�.ozo�� 7. .During the construction of the project, no staging of equipment of any kind is permitted in waters ot the U.S., or ` pratected riparian buffers. [15A N�AC 02H.OSOS�b)(2)] 8. The dimension, pattern and profile of the stream above and below the crossing shall not be moditied. Disturbed flooc�p!ains an� stc•ean�s shall be restored to nafiral geo:r_orphic conditions. [? SA NCAC 02H.0506(b)(2)] . . 9. . T'he use ef rip-rap above.the.Normal.High Water Mark shall be minimized. Any rip-rap placed far stream stabilization shall ne placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] . •• i0. The Permittee shail ensure thatthe imal design drawings adhere to the perniit a�id to tt�e permit drawings � submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2j] I1_ All workin ar adjacent to strearl ,�aters shall be canducted in a dr,� worlc area. Approved BP,�.P mza��:res from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags; rock berms, cofferdar,is and other diversion str�ctures shall be used to prevent excav,atian in flowing water. [15A NCAC _- 02H.0506(b)(3) and (c)(3)] 12. Heavy equipme;�t shall be operated from the ba.nks rather than in the siream cliannel in order tu minimize se�imertation ar4 r: d�sce th� i7tr�c3action of oth,e; pc�llu�ar,ts ir,t� the strear,:: [l�A �?•^_.1;C u2H.05�6(b��_,?j 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent con:amir.atio;i of s7eanl wate�s �otr� fueis, .i.ub:icants, hydra�alic fluids, or other t�xic mat�rials. [1SA iv'CAC (�2H.0�06(bi(3), :4: N� rock, sand ar other materials shall be dredged from the stream cl:anr.el except where autho:ized by this certification. [15A NCAC 02H.0506(b)(3)] 15. Discharging hyciroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters � is prohibited. [15A NCAC 02H.0506(b)(3)] _ lf. The permittee and its authorized a�ents shall con�?�ict its activities in a mar.ner consistent with State v�ater quality st�dards (:r.cluding any requirements resal�ing �ram compliance Ni±h §?03(d) of the Clean Water Act) ar.d aay o�her . appropriate requirer_ients-of State and Federal law. If the NCDWR determir.es t,'-,at such standards or laws are not beirig -- r:iet�(including the failure to sustain a�esignate3 or achieved usel or that State ar fe�eral lav✓ is being violated, or that furthe: eonditions are necessary to assure compliance, the NCDVJR may reevaluate and modify this certification. [15A NCAC U2B.020G] -- 17. A copy of ihis Water Quality Certification shall be r.iaintained on the construction site at all times. In addition, the -�- � 5�ater �uality Cs�tifcation and-ail subsequer�t modifi�aticns, if at1y, shail be mainta:ne� with on-si?e project mznager. -- [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] - 18. The outside buffer, wetland ar water boundary located v�ithin the construction corridor approved by this - authorization; in�luding 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 to areas within the fencing are prohibited unless � otherwise authorized by this certification. [15A NCAC 02H.0501 an� .0502J 19. 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. , 20: The Permittee shall repori auy violations of this cettification to the Division of Water Resources within 24 hours of discovery. [15A NC�C 02B.0506(b)�2)] - 2-l. tipor� conipleiion�of the proiect (including aiiy impacts at associated borrow or waste sites), the permittee shall -.. com�iete and ret.utn i'rie.euclosed "Ce�tification or Completion Form" io notiiy the iVi,D'v`JR wnen ail work included iri • . �� � the 4�1 Certification has been completed. [15.A NCAC fl2HA502(fl� .. _-. - 22. Native:t�ipariati veg�tation_(i.e., _trees and shrubs native to your geographic region) must be reestablished in the :. - � • riparian areas •wit�in the constr�ction limits of the project by the end of tlie growirig season following completion of �•� � cons±ruction. [15A NCAC 02B.0506�b)(2)] 23. There sl-iall be no exca��atien from, or vwaste disnosal into, jurisdictionai_ wet!ands or waters zssociated with tliis � .-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 �mpact from roa� construction activities. [15A NCAC 02HA�06(b)(3) and (c)(3)] 24. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, -- instailatiun and operation and rr,airitenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: � � a. The crosicu and sediment ccntc•ol measures for the project must be 3esigr.ea, installed, cperatz�, and -� .. ._. . maint3ined in accordance with the most recent version of the Nor!h 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 su�h that.they equal, or exceed, the requirements specified iu the most recent versio�i of the North .... Carolina Sediment.and Er.vsion Control Manual. The devices shall be maintained on all construction - ' . S�T�-S, rO;Cq�,✓ SlfE�, �Flt: �Y�Si� �11E �St�:ili� �iO��i:tSy iii��i[ljll1�2 �O[iITa�iOi-Q`h':lE:� �C 18$�etj �7tCnii� �lt$ . associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, �. %rid maintained ,i!? accordance wi�i7 tCie 1nqSt PSC811Y Version of t1�e �'e��h. �a;�or'in� Sur,face Lfini�zg ..- �'✓tanual. � � �: d. T:-ie r�:,lamation measures and implementat�on must comply tivith the �eclamatian in accorda.�ca witli the ' � ' rP�z�ire;±�ents of the Sed;nlentation Po�l�tion Control Elc?. 25. Sediment and erosion con[rol measures shall not be placed in wctlands or wa[ers unless o[hzrwise approved'uy this Certification. [I SA NCAC 02H.0506(b)(3) and �c)(3)] If yoo wish to contest any statement in the attzched Certitication you must file a o.tition for an aGministrative hearing. You may obtain the petition fomi from the office of Adminishative hearirgs. You must file the peiition with the office of Administrative Hearings within sixty (60) daYs of receipt of this notice. A petition is considered filed when it is :eceived in the office oY Administrative Hearings during normal office hour. ': he Offce of Administrative Hearings accepts filings Monday through F'riday between the huurs of 8:OOam and S:OOpm, except for official state holidays. The original and �ne (I) copy ofthe petition mus[ be filed with the Offiee of Administrative Hearings. 7'he pe[i[ion may be faxed-provided the original and one copy of the document is received by the Office of Adminishative Hearings within five (5) business days following the faxed transmission. The mailing addtess for [he Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Ceo,er Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Tlris ietter cornplete, the review of the Divisiun of Water Resources under Secticm 401 of [he Clean Water Act. If you 6ava any yaestions, plzase contact Roo Ridings at 919-7�7-R7S6. Sincerely, CJ�'��Y""°'��f- �( S.\�immerman, Director Y Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Ross Sullivan, Kimley-Horn File Copy Environmental Qua(ity NCDWR Project No.: ApplicanY: Project Name: Dzte ef Iscaance oTA01 Water Quality Certificatinn: Cuunty: PA"I' MCCRORY G„vern,-,r UONAI,D R. VAN DER VAAR'i' scaeravv IAY ZIMMF,RMAN o�w; o������;� Certificate of Completion Upon comple[ion of all work approved within the 401 Water Qualitv Certification or applicable Buffer Rulzs, and any subsequent modifications, the applicant is reeuired :o return this c�rtificate to the 401 Transoortation Permitting Uni[, North Carolina Division of Wa[er Resources, 16I7 Mail Service Center, Raleigh, NC, 27699-1617. This fortn may be returned tu NCDWR by the applicant, the applicant's authoriztd agent, or the project engineer. It is not necessary to send certificates from all of these. ApplicanYs Certrfrcatiott 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 Qualiry Certification and Buffer Rules, the approved plans and specificatioris, and other supporting materials. cigea!ure: Ua!e: _ Agen:'s Certifrcafion I, , hereby sta.e 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 cumpliance and iutznt of the 401 Water Quality Certification and Bufter Rules, thc approved plans and specifications, and other suoporting materials. Signature: Engineer's Cerliftealinn Partia! Final l, , as a duly registered Professional Engineer in the State of North Cazolina, having been authorized to observe (periodioally, weekly, full rime) the wnstmction of the project for the Permittee hereby state that, to the best of my abilities, due care and dingence was used in the observation of [he construction such that ihe wnstruction was observed to be built within substantinl complianee and intent of the 401 Wa:er Qualih� Certihcation and E3uffer Rules, [he approved p!ans and specifica[ions, and other supporting mzte: ials. Signature Date Registration ?r'o. '"Nothing Compares ".-� S[a[e ofNorth Camlir�a I LnvircmnUrial Quali[y I G I' h?ai! Servicz C enter', Ka!eigh. Ycnl�� C�roGn� %7E94- I P, ! j �i':: �O;ArOG.