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Home My WebLink About20161043 Ver 1_Approval Letter_20161128�� f� Environmental Qua(ity PAT MCCRORY ooveinor DONALD R. VAN D�:R VAAIZ'C Szcrz;ar} JAY 7,1MM�RMAN ��vr: o�,�e�r�,� Ncvember 28, �016 Randolph Courty NCDWR Project No. 20I61043 Bridge 175 on SR 1614 TIP No. B-59?8 APPROVAL of 401 WATER QUALITY CF.RTIFICATInN with ADDITIONAL COND[TIONS Mr. Brandon H. Jones, P.E., Gvision Engineer NCDOT, Division 8 902 No�Yii Sandhills Blvd. Aberdeer,NC 28315 Uear Mr. Jones, You have our approval, in accordance with [he conditions listed below, for the following impac[s for lhe purpose of replacing Bridge 175 with a culvert in Randolph County: Site I i ermaneni Fili in Perennial . t�l�•ean+ 83 ni lm acts in the ra e Fear RiJer Rasin Riprap in Perennial Sfrenm 'i otal Jh•eam (ii�ear f!) ; �n�paet Total I 83 I 98 Total Stream Impact for Projectt 181 linear feet, 181 181 Stream impacts :i€G�irine D'litigatiun 18l IRl The project shall be construc[ed in accordance �vi!h your applica!ion received October ?7, 2016. After reviewing your applica[ion, we have decided [hat these impacts are covered by General Water Quality Ce�4ification Numbe; 3886. This certification corresponds to the Na[ionwide Pennit L4 issued by the Corps of Engineers. In addition, you shoold acquire any other federal, state or local permits before you proceed with your projec[ including (but not limited [o) Sediment and Erosio�i Control, Non-Discharge and Water Supply Watershed regula[ions. This approval will expire with the� accotnpanying 404 pennit. This approval is valid solely for the purpece and design described in yom� applica[ion (unless modified below). Si�ould your projeet cha��ga, you must nolify tiie NCDWR and sabriiit a now application. li the p�vpa�iy is sold, (ha new owner must be given a copy of this Certification snd approval letter, and is thereby responsible for complying wi�h all the conditions. Iftotal wetlTnd fills ior this project (now or in the iuture) exceed one acre, or oftotal impacts to streams (now or in [he futurel exceed 150 linear feet, compensatory mitigation may be required as desa'ibed in l5A NCAC 2H 0500 �n) (Cj aiu.1 (71. For lhis approval lo rentain valid, you must adhere to the cen�itions listed in the ahached certificati�n and any additioi�al conditions listed below, "� Nathi��g Coro�pares' _.__ 3ta�e ofNunh Ceroline I Cnvircn�nen!al Q�mli�� ! 61 I PAaI �ervin; ik.nter t Raieigh_'JoKh �'amii ,e 2-�ti99-I;� i I 914 7p7-9,00 Conditions of CertiGcstion: 1. Compensatory mitigation Tor t S 1 linear feet oT impact to streams is required. We unde�stand that you have ehosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated October 2Q 2016 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordTnce with the DMS Mitigation Bankirg :nstrument signed July 28, 2010. 2. As a condition of this 4C 1 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the mast recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H A507(d)(2) and ISA NCAC 02H .0506(b)(5)] 3. Unless othe��ise approved in this certification, placement of culverts and other structures in open waters and streams, shall be placed below thz elevation of the streambed by one :oot for all cukerts with a diameter greaier thzn 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 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. [f this condition is unable to be met due to bedrock or other limiiing features encountered during construction, please con,act the NCDWR for guidance on how to proceed �nd to determine whether or not a permit modification will be required. [l SA NCAC 02H.0506(b)(2)] 4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closety as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [ 15A NCAC 02H.0506(b)(2)] 5. Riprap shall not be placed in [he active thaiweg channel or placed in the sheambed iu a mxnner that precludes aquatic life passage. Bioengineering buulders or structures should be pronerly designed, sized and installed. f 15A N�AC 02H.G506(b)(%)] 6. For all streams being impacted due to site de�vatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [] SA NCAC 02H.0506(b)(2)] 7. The stream channel shall be excavated no deeper than the natural bed material of tlie stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintair.ing the stream bank stability. Any applicable riparian buffer impact for aceess te stream channel shall be temporary and be revegetatad with native riparian species. [15A NCAC 02H.0506(b)(2)] 8. 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 ?o the potential for elevated pH and possible aquatic life and fish kills. [ l5A NCAC 02B.�J200] 9. During the conshuction 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)] 10. 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)] 1 I. Thz use ofrip-rap above the iJormal High Water Mark shall be minimized. Any rip-rap placed for sveam stabiliza[ion shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [ISA NCAC 02HAi�u(b}l2j] 12. The Permittee shall ensure that the final design drawings adhere ro the permit and to the permit drawings submitted icr epproval. f liA NCAC 02H .0507 (c) ai�d 15A tdCAC 02H .OSOE {li)(2) and (c?(2;] 13. A11 e�ork in or adjacent to sGea�n waters shall be wnducted in a dry wark area. Appro�ed 61v1� measures from the �nost ciirre:it version of NCDCT Constructiun and i�4aintenance Activiiies mxnunl such as sandbags; roc'r, bern�s, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] l4. Heavy equipment shall be operated &om the banks rather than in the stteam channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream [ 15A NCAC 02H.0506(b)(3)] 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prever.t contamiration oY' stream waters from fuels, lubricants, hydraulic fluid;, or othe: tosic materials. [l5A P.CAC 02H.0506(b)(3)] 16. No rock, sand or other materi:.ls shall be dredged fron the shean: channel excep: where authorized by this certification. [ i SA NCAC 02H.0506(b)(3)] 17. Discharging hydro:;eed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibitcd. [15A NCAC 02H.0506(b)(3)] 18. 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) of the Clean V✓ater Act) and any other appropriate requirements of State and Federal law. [fthe NCDWR determines thar, 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 fu:ther conditions a:e necessary to assure compliance, the NCDWR :.iay reevaluate and modify this certifcation. [15A NCAC 02B.0200] 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked oy highly visibie fencing prior to arry land disturbing activities. Impacts fo areas withiu the fencing are prohibited unless otherwise authorized by this certification. f l SA NCAC 02H.0501 and .0502) 21. The issaar.ce of ;his certifiaation docs 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 wntrol requiremzn[s, etc. 22. The Permittee shall report any violations of this certitication to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 23. Upon completien of?he project (including any impacts at associated borrow or wasYe sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [l5A NCAC 02H.0502(�] 24. Nativz riparian vege[ation (i.z., trees and shrubs native to your geographic re.gion) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction [ I SA NCAC 02B.0506(b)(2)] Z5. There shall be no excavation from, or waste disposal into, jurisdictional wetlends 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 impact from road construction activities. [ISA NCAC 02H.0506(b)(3) and (c)(3) '_6, 8rosion and secE;meni control prasiicas ma;t ba 'rn fu11 cempliar.ce witn aIl speeifloe.iors go�ernirg the propar design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [ I SA NCAC 02H.0506(b)(3) and (c)(3): a. The erosion and sediment control measures for the project must be designed, insralied, epera:ed, and maintained in accordance with the most recent version of the Nurth, Ca� olina Sedirrerii an�i Erosion Ca1!roi Plmrrrrr.g tottlDesig�z :19anunl. b. The design, ins[allation, operation, and maintenance of the sediment and erosion conhol measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment uriJ Erosron Conhol Manuul. The devices shall be maintained on all constructiou sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. a For bonow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recer.t version of the North Carolina Sur{ace Mining blanual. d. The reclamation measures and implementation must comply with the rzclamation in accordance with the requirements ofthe Sedimentation Pollution Control Act. 27. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Cerfification. [ISA NCAC 02H.0506(b)(3) and (c)(3) If you wish to contast any statement in the attached Certification you must file a petition for an adminishative 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 notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Priday between the hours of 3:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with 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 hansmission. The mailing address for the Office of Adminishative Hearings is: Office of Admir.istrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919j 431-3000, Facsimile: (9l9) 4313100 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 This letter completes the review of the Division of Water Resources imder Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, �'S� , S. Ja Zimmerma , Director Division of Water Resources Electronic copy only distribution: Andrew Williams, US Army Corps of Engineers, Raleigh Field Office Art King, Division 8 Environmental Ofticer Bvth Narmou, Division uf Mitigation Services File CoPy ��: : Environ�nenCal QUUIIt}� NCGWR Project No.: _ County: Appli�ant: Project Name: Dalc of Issuancc of 401 Watcr QnaliYy Certification: PA'fMCCRORY Goven:oi DONALD K. VAN DBR VAAR'1' se..ztai� JAY ZIMMCsRMAN DNR nirearor �'ertificate of Completion Upon completion of al) work approved within tha 401 Wa[er Qnality Certification or applicable 6offer Rules, nnd any subsequcn[ ir.odifications, the apolicant is required to retum [his certifica[e to the 401 Transpo�lation Permi[ti:ig Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returnad to NCDWR by the applicanl, the ap�ilicant's authorized ageni, or the projeet engineec It is nol necessary to send certificates from all of these. Applica�tt's Certifrcn(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 substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and othu supporting materials. e�ona[ure: D�te: ,.a Agee�t's Cv_rtifir.nlir.�r L , hereby ;tate that, to the best of my abili[ies, due care and diligence was used in Ihe observation of the construction such that thc construction was observed to be built within substantial compliance and intent of the 401 Water Quality Ce�tification and Buffer Rules, the approved plans and specifications; and other supportine materials. Signnture: Cate: F_ngineer's Cerlrfiention Pa�Kial Final 1, , as a dul}� registered Professional Engineer in tl�e State of Nerth Carolina, having �ee�� authorizsd to observe (poriodically, weekly, full time) the construction ofthe p�oject for the Permi[tee hereby state Ihat, to [he best of my abili[ies, due care and diligence was used in the observation ofi the construclion such tl�iat the construetion was observed to be buil� within substan[ial compliance and inten[ of the 401 \"Jater Quality Certification znd Br.ffer Rules, the approved plans and specifieations, ard other supportiag materials. Signature Cate Registratiim PJo. -�Nathin� C:ota�pares�`— _ Ststc ofNorih Cerolnv,� � Em�irunmen�el Qunlity I EI !*Aai! Service lPnlsr i Rulcigi�_ �orth Curniine 27Civ0 .CI I o�p ;pa �p��