HomeMy WebLinkAbout20161129 Ver 1_Approval Letter_20161129�
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Environmental
Quality
PA'I MCC20RY
�,ovcn,or
DONAI,D R. VAN DER VAART
seca:a� v
JAY Li�4MBRMAN
u���� o�«„�o�
Nov�mbar =4, 2016
Randolph Coiinty
NC6WR Projecl Na 20161129
Bridge 129 on SR 2407
TIP No. B-9763
4PPROV,4L of 401 WATER QUALITY CGRTIFICATI(1N with rlDDITIONAL CONll[TIONS
Mr. F3randon i-I. Jones, P.�., Division Enginee:
�1CDOT, Divisivn a
902 NaYn Sandhills Blvd.
Aberdeeu, NC 25315
Dear Mr. Jones,
You have our approval, in accordance with [he conditions listed below, for the tbllowing impac[s for the purpose of
replacing Bridge 129 with a culvext in Randolph Coonty:
Strram Ln .acts in the Ca �e Fear River Basin
Site Permanen[ FiIE in Stabilization and Nep�ir I Tempurary Dewatenng to Te[al �[ream
I�'ei�en!�iaiSlce.i" �� i�>��rri���a[St:za�n � Peree�n_��Stre�:n � (m�ac;
42
106
Total � 41 � 42 � 23 � 106
Total Sh•eam Impac! for Project: 1061inear feet.
The projec[ shall be cor�structed in zccordance with vav application receiv�i November 1 Q 2016. After rcviewi�i�
yeur application, we have deeided thz.0 these impac[s are covered by General VJater QualiTy CerCihcation T�umher
3886. This ccrtificatio� corrospends to the P:ationwide Pennit 14 issucd by the Cot7;s of F,ngineers. In addition,
you should acquire any other federal, statc or local permits before you proceed with your project including (bu[ not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire «•ith the accempanying 404 pcnnit.
This apnroval is valid solely for the. pmpose and design described in your application (,imless modified helow).
Should youc project chan�e, you must nolify the NCDW R and submit a new appLcation. If the prop;�rty is sold, Yhe
new owner must be given a copy of this �ariificaron and approvai larier, and is thercby responaible for complyiug
with all the conditions. If total ��retland fills for this p;oject (now or in the futm�e) exceed one acre, or of total
imrac�s lo streams (now or in the fu[ure) exceed I50 Iinear feet, compei�satory roi[i�ation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditiens listed in the certificatinn and any addi!ienal conriitions listed heiow.
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Conditions of Certificstian:
l. As a condi[ion oi this 401 Wate� Quality Certification, the briuge deuwlitiun and consiructiou nwst be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [ISA NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)]
2. Unlecs otherwice approved in this certification, placement of culverts aed other structeres in open waters and
streams; shall be placed below the elevation of the streambed by ore foot fo: all cu'.verts with a diamete; grea,er :han
4S inches, and 20 percent of thz culvert diameter for culverts having a dixmeter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other shuctures including temporary erosion
control measuros shali not b2 conducted in a mar,ner that may result in dis-equilib: ium oi wetlands or streambeds or
banks, adjacent to or upstream and down stream of [he 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 features encountered during construction, please contact the NCDWR for guidance on
how to proceed aud to deteimine �vhetiier or not a permit modification will be required. [ 15.4 NCAC 02H.OSG6(b)(2}]
3. [f multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely 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.C506(S)(2)]
4. Riprap shall not be placed in the active thalweg channel or placed in the sheambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be propedy designed, sized and installed. [ 15A
NCAC 02H.0506(b)(2)]
5. 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(0)(2)]
6. The sreeam 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 baaks, as weli as to vegetation responsible
for maintaining tl�e stream bank siabiliry. wny applicable riparian buffer impact for access to stream channei shail be
temporary and be revzgetetcd with native riparian species. [l9p NCAC 02H.0506(b)(2)]
Z[f cencrate is used during construction, a dry work area shall be maintained to prevent direct contact between
cu�ing coneretz and strzam watec Water that inadvertently contacts uncured concrete sha11 not be discharged to
surface waters due to the potential for elevated pH and pussible aquatic life and fish kills. [ i 5A NCAC 026.0200]
8. During ,he construction of the prolect, no staging of equioment of any kind is permitted ir. waters of the U.S., or
protected riparian buffers. [1>A NCAC 02.H.0505(b)(2)]
9. The dimension, pattem and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditiona [15A NCAC 02H.0506(b)(2)]
10. Thz use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rao 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)]
1 l. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [i5A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(21]
li. All work in or adjacent ro stream weters shall be couducted in a dry work area. Aoproved BMP measures from
the most current version afNCDOT Consrruction and Maintenance Activitiec manual such as sandbags, rook berms,
.oft'erdams anJ o�ha� uiversion str!�ctures shall'ne usecf W prevenc excavatio�i i:i fiewi�ig wat�r. [15y NCAi:
02H.0506(b)(3) and (c)(3)]
I3. Heavy equipme.nt shali be operated hom the bTnks ra!her ihan ia the stream chaonel in orcier te minimize
sedimentation aed reduce the in:rocluction oFother poliutants i�ite the stream. [ i 5A h'CAC 02HAip5(b)(3)]
14. All mechanized equipment operated near surface waters must be regalarly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(bj(3}]
I5. 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)�
16. Dischargirg hydrosezd mix,cres and v:ashir.g out hydroseeders and othe: eqaipment in or adjacent to scrtace wa.ers
is prohibited. [15A NCAC 02FI.0506(b)(3)]
17. 'Ihe 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 Waier Act) and any other
appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being
mat (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
furthe: conditions are nec�ssary to assure cumpliance, the NCDWR may reevaluate and modiiy this certificafiun. [15A
NCAC 02B.0200]
18. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. [n addition, the
Water Qualit,y Certiticatioo and all subsequent modiflcations, if any, shall be maintained with the Division Engineer and
the on-site project managec [ l5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
19. 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
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]
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. locai, state, and federal) having
jurisdiction, inciuding but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation conhol requirements, etc.
2i. The Permittee shail report any violations ofthis certii�cation to kne Division uF Waier Resources within 24 hours of
discovery. [i5A NCAC 02B.0506(b)(2)]
22. Upon completion of the project (including any impacts at associated borzow or waste sites), the NCDOT Division
Engineer (or whomaver is the aut{�orized ageut if a non-NCDOT project) shail complete and return the enclosed
"CertiScation of Completior. Form" to notify the NCDWR when all work included in the 401 Certification has been
completed. [ 15A NCAC 02H.0502(�]
23. Native riparian ve?etetion (ex. lis? herbaceous, trees, and shrubs native to yrn�r geographic region) 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)]
24. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriare modificaYion. Should waste or borrow sites, ur access roads to waste or burrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities. [i5A NCAC 02H.0506(b)(3) and (c)(3)]
25. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installatiun and operation and maintenance of such Best Management Practices iu order to protect surface waters
standards [15A NCAC 02H.0506(b)(3) and (c)(3)J:
a. Tl�e erosion and sediment wntrol measures for the projec[ must be designed, instzlled, operated, and
mai:itained in accordanee wi[h the most reeent vcr;;�m oP t �e ;Vort;r Cnroi•'na Sediinen! nnd Erosiun
Conh•ol P[anning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures mus[
be such thai tiiey eq:ial, or exceed, the requirements specified in the most rececl version of the Nnr1h
Cnro?ina �ediinern ar;ci Eresion Contro% Mnnunl. 'Che devicns shall be maintained on al! construction
sites, buriow sites, and waste �ile (spoii) pr��jects, ineinding coriractoo-cw�ed or leased b�rrow pits
associated with the projest.
c. For bonow pit sites, the erosior, and sediment contro] measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surjace Mining
tifunual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
26. Sediment and eresion coatrol measures shall noY be placzd in wetlands or waters un;ess othcr.vise approved by this
CeRification. [15A NCAC 02H.0506(b)(3) and {c)(3)]
lf 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 oFAdministrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receip4 of this notice. A petition is considered
filed ��hen it is received in the office of Administraiive Hearings during normal oPfice hours. Tlie 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 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 Heazings within five (5) business days following the faxed hansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Adminisfrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-300Q Facsimile: (919) 431-3100
A copy of the petition must also be served on UEQ as follows:
Mc Sam M. Hayes; General Counsel
Department of Environmental Quality
1601 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 yuestions, please contact Rob Ridings at 919-707-878G.
Sincerely,
S. ay Zimmerma�
�dl �
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
.4rt King, Division 8 Environmental Officer
File Copy
Environmental
QualiYy
PA"I'MCCRORY
Goven,�i
DONALD K. VAN DP:R VAAR'I'
Sczrctar}
JAY ZIMMG2MAN
r �wii o�re��„�
NCGN�R Project Nu.: _ Counly: _ ____
ApplicauL• _
Project Name:
1)a?e of Issuance of A0l Water �ealit� Certifiea!ien:
CerSificate of Completion
Upon completion of a11 work approved within thu 401 Water f2uality Cei�tificatien or applicable [3uffer Rules, and
any subsequent modifications, [he snplican� is required to return this certifcate to th� 4Q1 Transportation Peiroiitting
Unit, North Carolina Division of Water Resouroes, L617 Mail Service Center, Raleigh. NC, 27699-1617. This form
may 6e ra[urned to NCDWR by the applicanL the applicxnYs au[horized ageni; or ihe project engineer. It is not
necessary to send certificates trom all of these.
Applrcnn�'s Certificntio�i
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such [ha[ the construction was observed to be built within substantial
compliance and in[ent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other aupporting materials.
S�g�att�re: _ _ Date:
1 genf's Certificntic•�t
I, , hereby state that, to the L-est of iny abilitias, due care and diliga��ce
was used in the observation oi the consVuc[ion sueh that the constrac[ion was observed to be built within substantial
complianc� and inteat of the 401 Water Quality Certification nnd Buffe: Rules, the aoproved plans nnd
specificatinnc, �nd other snpporting materials.
Signature: Date:
Eitgiireer's CertJflcnlioir
Partial Final
�, , as a duly registered Profe;sional Enginecr in Lhc State of North
Carolira, having ueen au?horized to observe (periodically, weekly, Cull time; [he construction of the project for the
Pennittee hereby s[ate that, to [he best of my abilities, due care and diligence was used in the observation ot the
consuvction such that the conslructioe was observed lo be built wi[hin subs�antial complinnce and iment of the d01
V✓nte'� Quality Certification und 6uffer Rules, the approved plans urd specifications, m�d other auppo�tiag materials.
Signature_
Late
Registration No.
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