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Home My WebLink About20161015 Ver 1_Approval Letter_20161128Environmen ta( Quality Site B 1 (T) B2 (T) B3 T Totals PAT MCCRORY Gnvernor DONALD R. VAN DER VAART Sec�e[ary JAY ZIMMERMAN owK ��c�o� November 28, 2016 Catawba/Alexander Counties NCDWR Project No. 20161015v.1 Bridge 91 on) NC 127 State Project No. 126.101811 APPROVAL of 401 WATER QUALITY CERTIFICATION, CATAWBA BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Mark Stafford, P.E., Division Engineer NCDOT, Division 12 P.O. Box 47 Shelby, NC 28151 Dear Mr. Stafford: You have our approval, in aceordance with [he condi[ions listed below, for the following impacts for the purpose of bridge repair on bridge #91 on NC 127 in Catawba and Alexander Counties: Ca[awba Ri arian Buffer Im act Zone � minus = Zone I Zone 1 Buffer Zone 2 Impact Wetlands Boffers (not Mitigation Impact (sq ft) in Zone 1 wetlands) Required (sq ft) (sq ft) (sq ft) (using 3:1 ratio) 3556 3556 5337 470 minus = Zone 2 Zone 2 Buffer Wetlands Buffers Mi[igation in Zone 2 (not Required (using (sq ft) wetlands) 1.5:1 ratio) * n/a = Total for Site is less than I/3 acre and I50 linear feet of impact, no mitigat To[al Buffer Impact for Project: 5907 square feet. 470 570 The project shall be wnstructed in accordance with your application dated received October 20, 2016. All impacts are presen[ed as [emporary and are permitted as such. Impacts are allowable under the Table of Uses in 15A NCAC .02B .0243(6) under This approval is valid for the Catawba Riparian Buffer Rules (15A NCAC .02B .0243). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. 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 NCDW R and submit a new application. If the property is sold, the new - rNnthing Compares :-, Stare ofNorth Camlina I Envimnmen[al Quality 161 I Mall Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0243. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. Under the Table of Uses, the following must be followed with regards to temporary access roads for bridge repair: All impacted buffer areas must be restored at the completion of construction. 15A NCAC .02B .0243 (6) 2. Under the Table of Uses, sediment and erosion control devices in the buffer are to adhere to the diffuse flow requirement. (i.e. no stone or wattle outlets)15A NCAC .02B .0243(6), reference to 15A NCAC .02B .0243(5) 3. If woody vegetation must be removed in the buffer impacts, an inventory of trees cleared that are greater than 3" DBH shall be tallied for restoration purposes. 15A NCAC .02B .0243 4. If a concrete washout is necessary, it shall be out of the.buffer. If conditions prohibit this, please contact DWR for its placement. 15A NCAC .02B .0243 General Conditions 1. 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 final 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 (c)(2)] 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMI' 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 [han 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 equipmen[ operated near surface waters must be regulady inspec[ed and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ISA 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. [ISA NCAC 02H.0506(b)(3)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [I SA 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 resolting from compliance wi[h §303(d) of the 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 failore 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 certiflcatioa [15A NCAC 026.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ISA NCAC 02H.0506(b)(2)] 14. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all sobsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [ISA NCAC 02H .0507(c) and ISA 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 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 and .0502] 16. 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, s[a[e, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permi[tee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ISA NCAC 02B.0506(b)(2)] l8. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and remrn the enclosed "Certification of Comple[ion Form" to no[ify the NCDWR when all work included in the 401 Cenification has been completed. [15A NCAC 02H.0502(�] 19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in the riparian areas within the construction limits of the project by [he end of the growing season following completion of construction. [l SA NCAC 02B.0231(b)(6)] 20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this 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 impac[ from road construction activities.[ISA NCAC 02H.0506(b)(3) and (c)(3)] 21. Erosion and sediment control practices must be in full compliance with all specifcations governing the proper design, installation and operation and maintenance of soch Best Management Practices in order to protect surface waters standards [I SA NCAC 02H.0506(b)(3) and (c)(3j): a. T'he erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sedrment and Erosion Control Planning and Desrgn Manual. b. The design, installation, opemtion, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolrna Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased bo�row pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolrna SurJace Minrng Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requiremen[s of the Sedimentation Pollution Control Act. 22. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable (turbidiry curtains in Lake Hickory), they shall be removed and the natural grade restored upon completion ofthe project. [15A NCAC 02H.0506(b)(3) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this no[ice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office af Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except for official state holidays. The original and one Q) copy of the petition must be filed with the Office of Administrative Hearings. 7'he petition may be fa�ced-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: Otiice of Administrative Heazings 6714 Mail Service Center 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 Departrnent of Env'vonmental Quality ]601 Mail Service Center This 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 Donna Hood at (704) 682-2839 or donna.hood@ncdenr.gov. Sincerely, �C/ ; a8, 1' �' S. J y Zimmerm Director Division of Water Resources Electronic copy only distribution: Steve Kichefski, US Army Corps of Engineers, Asheville Field Office Trish Beam, Division 12 Environmen[al Officer Mazella Buncick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission File Copy Environmenta( QUQ�Ity NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certi£cation: COUI1�y: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secre[ary 1AY ZIMMERMAN DWR Director Certificate of Completion Opon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to remm this certificate ro the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's au[horized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicanl's Certifica�ion 1, , 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 sobstantial compliance and intent of the 401 Water Qoality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Cerrifrcation I, , hereby state that, to the best of my abilities, due care and diligence was �sed in the observation of the construction such that the construction was observed to be built within s�bstantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Signature: Date: Engitteer's Cerdflcafion Partial Final �, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the coostruction of the project for the Permittee 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 [he 401 Water Quality Certification and Buffer Roles, the approved plans and specifications, and other supporting materials. Signamre Date Registration No. -" �Nothing Compares =- , S[ate ot�North Carolina I Environmental Quality 161 I Mail Service Centec I Raleigh, North CaroGna 27699-1611 919-707-9000