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Home My WebLink About20161105 Ver 1_Approval Letter_20161202Environmen ta! Quality PAT MCCRORY � ,��.��,.i I)ONALD R. VAN DER VAART sc<reiary JAY ZIMMERMAN ��vic ��R�«� December 2, 2016 Davidson Ceuniy NCDWR Projec[ Nu. 201b1105 Bridge 9g on SR 1838 WBS Pr�ject No. 17BP.9. R.62 APPROVAL of 401 W.4TF.R QUALITY CERTIFICATION wikh ADDITIONAL CONDITIONS Ms. Amy Euii;s NCDOT, Division 9 EnvironmenWl O�cer �7> Silas Geek Parkway Wins[on Salem, NC 27127 Dear Ms. Euliss: You have our approval, in acwrdance wi[h the conditions listed below, for [he following impacts for the purpose of replacing Bridge 95 on Lake Leonard Road (SR 183R) over Leonard Creek in Davidson County with a double barrel box cu!vert. Perma.�eni I�ill ie Perenuial Slream Site Culvert RipRap I 51 73 Totals Si � 73 Temporarv Fill in Percnnial Strcam (linear ft) Dewatering 26 ----Z6-- Total Stream Impac[ for Project• ISO linear feet. Tulai Strearn Impac[ (li�iear ft) I50 S[ream Impacts Reqciring Mitigation Qincar ftj The project shall be constructed in accordance with your application dated received Novzmber 8, 2016. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 38R6. This certification corresponds ro the Na[ionwide Permit 14 issued by the Corps of Engineers. In zddition, you should acquire any othcr federal, state or local permits before you proczed with your project i�cluding (but not limited [o) Sedimen[ and Erosion Control, NomDischarge and Water Supply Wa[ershed regulations. This approval will expire wi[h [he aceompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must no[ify the NCDW R and submit a new appGcation. If the proper[y is sold, [he new owner must be given a copy of this Certitication and approval letter, and is thereby responsible for complying with ali the conditiors. If Cotal we[land fiils for Ihis project (noev or in the fumre) exceed one acre, or of total impacis to streams (now or in the fuW:e) exceed I50 linear fee[, compensatory mitigation may be required as descr6ed in ! SA NCA� 2H .0505 !h; (61 and { i), For rhis approva! to remain ��zlid, you muai adhe:e rA the conditions Iisted in the attached certifica[ion(s) and any additional conditions listed below. - '�"Nothing Comparcs'-� S;n[a ofNo�rh Camiina'i [nvirunmeutal Q�aliry i511 Msil Servire Ceare'; I F,r.leigh, No7h Camli�iA 27E99-I51 ! 9!4-'p7 ��IDO Condition(s) oi Certification: Project Specific Conditions 1. As a condition of this 40 ] Water Quality Certification, the bridge d�molition and coast:-uction must be accemplished in strict complianca �vith tl:e mcst recer.t version ofNCDOT's Best T�4anagement P:actices for Consiruction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. If 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/er sills where appropriate. Widening the strear.i channel should be avoided. Stream channel widening at the inlet or outlet end of structi:c�es ty�Yically decreases waier velocity causing sediment deposi�ion that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] 3. :Ziprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes zquatic life �assage. Bioengineering boulders or structures shoulci be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 4. For the 26 linear feet of 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 stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b j(;!)] General Conditions -Unless othenrise approved in this certifcation, placemert of culverts and .^,ther st_ructures in open waters and strPams 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 t�an 48 inches, to ailow low flow passage of water and aquatic life. Design and p;acament of culverts and other structw•es 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 a�ove sh-uctures. The applicant is required to provide evidence that ±he eauilibrium is being mainta�ned if requested in writing by NCDWR. If this condition is unahle to be met due to bedrock or other limiting feahues 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 duruig construction, a diy 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'�ills. [15A rdC��C C2B.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 bufters. [15A NCAC 02H.0506(b)(2)] 4. The dimensio�i, partern and profile of the stream above and below the crossing sli�ll not be �nodified. Disri�r��ed f oodFlu�r�s a;�c� s�reams s�-�all b� restored to 7ataral ;eomo;pric ccndi�ions. [l �� N�AC 02H.0506(b)(2)] " �. T:ia �se of rip-rap abc�ve the Nornia� Hi�h VVate�• M�rk sha11 �ie mLnimice�?. Any rip-rap �lared ;or streat�l stabilizztion shall b:. �laced in st3-eam channels in such a maimer that it does not impede aquatic life passage. [15A NCAC 02H.0505(b)(2)1 0 - - - �- - 6.- T'he Fermittee shall•ensure that t:�e fmal 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 (�)t2)l 7. All work in or adjacent to stream 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, cofferdams and other diversion structures shall be used to prevent .. _ � � � ,exca�ntion in flow�ing watcr. [ISA NCAC Q2H.05�6(bj(3) and (c)�3)] .�... : _.. :: 8. ._��ea�y_equipment shall.tse onerated from thz banks rather than in th� stream channel in order to -- � �- - �°- m:nimize sedimentation and reduce the introductian cf other pollatants into the stream. [ 15� NCAC 02H.OSU6(b)(3}] � 9. All mechanized equipment oper�ted near surface waters must be xegularly inspected and maintained to - • preven� contaminaticn �f strea.'n-waters fr�m iuels, lubricants, hydraulic fluids, or other toxic r.iaterials. [15A NCAC 02H.0506(b)(3)] - - , 10. . No rock, sand or other materials shall� be dredged from the stream channel except where autharized by this certification. [15A NCAC 02H.0506(b)(3)] • °�� _�- � -• 1li1. Discharging hydr�seed, mixtures ° and washling out hydroseeders and other equipment in or adjacznt to .._ ._ . s�irface waters is prohibited. [15A NCAC 02H.0506(b)(3)] _... _.. .. _ 12. 'Tb.e 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) ofthe 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 failure to sustain a designated or achieved use) or -' � that State or federal law is being violated, or that further condiiions are necessary to assure compliance, � �� `�the NCDWR may reevaluate and modify this certification. [15A NCAC 02B4O200] ::_.. _. 13.: Ali fill slopes _iocated in. jurisclicfional wetlands shaD be placed at slopes no flaiter than 3:1; unl�ss --''otherwise authorized'oy this certification. [iSA NCAC 01HASOo('o)(�)] . _ - , - - . - . . . . - . . -14. - P_- copy� of this .V�Iater Quality -Certification shal? be maintained on tr.e construction site at all times. In .._, .. .. -.. addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with -- ~� �• � • the�Division Enguieer and the on-siie project manager. [15A NCAC 02H .0507(c) and i5A NCAC 02H .0506 (l�)(2) and (c)(2)] • . _ . ._ -_ ].5. The ou:side buffer,:wetland or water bounda.ry located within.the cons�ruction corridor approved by this . ,._ _, ._ authorization.shall<he clearly.marked by highly visible fencing or flagging prior to any land disturbing •� . activities. Impacts .fo �areas within the fencing are prohibi±Pd unless otherwise authorized �y this certification. [15A NCAC 02H.0501 and .0502] • Lf The issuance of thi� certification does not exempt the Permittee from complying with �ny and all statutes, rules, regulatians, or ordinances that may be imposed by other government agencies (i.e. Iocal, state, and federal) having jurisdiction, including but not Iimited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 1.7. �'The Pe:mittee -shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] ' ._ .- .._.: _. .�8.-. �Juon completion_of t'r�e pr�ject (including any itnpacis nt associated:borrow or waste sites), the NGDOT � .._ _, _ _ . .. _ _ . .Division Fngineer- (or appoin#ee) shali comnlete and return the enclosed "Cer�ification of C�mpl�tion : , ; _ � rcr:r:".to n�ti� �re I�TC�`�J.R :.�:li�r. al: i+VOY� 11i;�11L�El� i11 i116 �Q S �e��i;fc�.ticti has beejl comF1_eted. i 1�A � NCAC 02H.OSU2( fl] _... .... ..-. ,.� i�.. : N�tiv�• riearian vebelatien rrinst'ne reesiarlis?�ed in the ripari�n areas wittiin t�� c•�nsn•ucti�lr limi�s of±.iie _ _. .- -�_ p�•��ect- by,�the en� of �he �r�w:�� s�aso� foilov�uig compl�ti�n of cansh-!ictien. [15A N�'�C 02H.506(bl(3)] 20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modificatioa Should waste or botrow sites, or access roads to waste or borrow sites, be lc�cated 'u� wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities.[ 15A NCAC 02H.0506(bx3) and (cx3)] 21. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to proteat surface waters stzndazds [15A NCAC 02H.OSC6(bx3) and (c)(3 j): a. The 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 Caro(ina Sedimenr and Erosion Conhol Planning and �esign Marrua[. b. T'he design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requicements specified in the most recent version of the North Carolrna Sedinrent and Erosion Control Manual. The devices shall be maintained on :il! construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the emsion and sediment control measures must be designed, installed operated, and maintained in accordance with the most recent version of [he North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless othenvise 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 adminisira6ve hearing. You may obtain the petition form from [he 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 Adminisirative Hearnigs during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for oti'iciai state holidays. The original a�id one (1) copy c�f the petition must be filed wiih the Office of Adminishative Hearings. The petition may be fa�ced-provided the ariginal and one copy of the documert is received by the O�ce of Administrative Hearings wiUtin five (5) business days following the fased Vansmission. The mailing address for the Office of Administrative Heazings is: Office of Administrazive 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 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 quesNons, please contact Dave Wanucha at (336)776-9703 or Dave. Wanucha(n�,ncdenr.gov. Sincerely, � �� 'V" "-`��' S. Jay Zimmerman, Director Division of Water Resources Electronic copy oniy distribution: John Thomas, U� Army Corps of Engineers, Raleigh Field Gffice Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy Environ men ta l Quality IYCDWR Project No.: Applicant: __ __ _ Project Name: Date of Issuance of 401 Water Quality Certification: Coanty: PAI'MCCRORY , � � DONALI) R. VAN DfiR VAART �e, en, � JAY ZIMMERMAN I ��yd Gue.-ie.r Certificate of Completion Upon complztion of all work approved within the 401 Water Quali[v Certificat'ron or applicablz Ruffer Rules, and any subsequent modifica[ions. the applicart is required to return this certificate to the 4Q I Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be retumed to NCDWR by the applicant, lhe applicant's au[hurized agent, or the projec:t angineer. it is not necessary to send certificates from all of these. .9pp(icanYs Certification 1, , hereby s[a[e tha[, [o the best of my abili[ies, due care and diligence was used in the observation of the construction such that the construction was observed to be built wi[hin substantial compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and o[her supporting materials. �ignatcre: Date: Agen!'s Cnriificminn f. , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construc[ion such tha[ the construction was observed ro be built within substantial compliance and inten! oFthe 401 �Vxter Quality Certification and Buffer Rules', the approved plans and specificarions, and other snonorting marerials. Signa[ore: Engineer's Certifiea�ion Partial Final Dare: I, , as a duly registe:ed Professional Engineer in the S:ate of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project fer the Permittee hereby state that, to the best of my abilities, due care and diligence was used m the observation of the consh'uc[ion such Ihat Ihe construction was observed to be built wilhin substantial compliance and intent ofthe 401 Water Qualiry Certification and But%r Rules, the approved plans and specifications, and other supporting materials. Signa[urz Uaiz Registration No. �'Nothing Compares'-_ State ofNorth Carolica; ErrvirnmenffiI QuaLry 161 I Pduil Service Center i, RaLivh, tiorth l'arolira 776°4-�dI I 91'�-'0�-4�^;G