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Home My WebLink About20161176 Ver 1_Approval Letter_20161205Water Resource� ENVIRONMENTwL OUI�IITT PAT MCCRORY � DONALD R. VAN DER VAART Seorian� S. JAY ZIMMERMAN /lnrf/ur December 5, 2016 Yadkin County NCDWR Project No. 20I6I 176 Pipe No.2I23 Pine Valley Road Project No. 17.BP.1 LC.S APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr. Heath Slaughter NCDOT Division I I Environmental Officer 801 Sta[esville Road North Wilkesboro, NC 28659 Dear Mc Slaughter: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing a 60' x I33' corrugated metal pipe (CMP) with a 66" x 136' reinforced concrete pipe (RCP) in a UT to South Deep Creek in Yadkin County as described in your applica[ion: Stream Im acts in the Yadkin River Basin Permanent Fill in Perennial Stream Temporary Fill in To[al Stream Site linear ft Perennial S[ream �mpact (linear ft) (�inear ft) RipRap Pipe Fill Dewatering 21 I 16 88 Total Stream Impact for ProjecC SS linear feet. Stream Impacts Requiring Mitigation (linear ft) The project shall be cons[ruc[ed in accordance with your application da[ed November 23, 2016. After reviewing your application, we have decided that these impac[s are covered by General Wa[er Quality Certification Number 3883. This certification corresponds to the Na[ionwide Permit 3 issued by the Corps of Engineers. In addition, you should acquire any o[her federal, s[ate or local pertnits before you proceed wi[h your project including (but not limi[ed [o) Sedimen[ and Erosion Con[rol, Non-Discharge and Water Supply Watershed regulations. This approval will expire with [he accompanying 404 permi[. This approval is valid solely for [he purpose and desi�n described in your applica[ion (unless modified below). Should your project change, you must no[ify [he NCDW R and submit a new application. If [he property is sold, the new owner mus[ be given a copy of [his Certification and approval letter, and is thereby responsible for complying with all the conditions. If rotal wetland fills for this project (now or in the fumre) exceed one acre, or of total impacts to streams (now or in the future) exceed I50 linear feet, compensatory miti�ation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in Ihe attached certification(s) and any additional conditions listed below. S�a�e of Nonh Camlina i,F.mimnme�nal Qnali�y I Water Resourees 1617 Mail Service Cen�er, Raleioh, Notl� Carolina 27699-1617 Condition(s) of Certification: Project Speci�c Conditions Due to grade steepness and to avoid a potential headcut, NCDWQ will not require burial of the pipe in the streambed. However, design and placement of the culvert and other structures shall be installed in such a manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed) except where realignment is necessary. Existing stream dimensions (including pattern and profile) are to be maintained above and below the pipe. The applicant may be required to provide evidence that the equilibrium has been maintained if requested in writing by the NCDWR. [15A NCAC 02H.0506(b)(2)] 2. 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)(2)] 3. NCDOT shall be in compliance with NPDES Permit No. NCS000250 issued to the NCDOT, including the applicable requirements of NCGO10000 for Construction Activities. (15A NCAC 4B.0124[a]-[e]) 4. Riprap shall not be placed �in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 5. For the 201inear 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)] 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 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 excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. Heavy equipment shall be operated from the banks rather than 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 equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A 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. [15A NCAC 02H.0506(b)(3)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A 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 resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of �tate 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 conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:,1, unless otherwise authorized by this certifcation. [15A NCAC 02H.0506(b)(2)] 14. 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 manager. [15A NCAC 02H .0507(c) and 15A 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, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) 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. [15A NCAC 02H.0502(fl] 19. Native riparian vegetation 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.[15A NCAC 02H.506(b)(3)] 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 impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 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 protect surFece waters standards [15A NCAC 02H.0506(bx3) and (c)(3]): a. 7'he erosion and sediment control measures for the project must be designed, installed, operated, and maintained in acwrdance with the most recent version of the North Caro(ina Sedrment and Erosron Condo[ Planning and Desrgn Manual. b. The design, installation, operation, 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 Carolinn Sedrment 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 borrow 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 Caro[ina Surface Mining Manual. d. The redamation measures and implementation must comply with the reclamation in accordance with the requ'vements of the Sedimentation Pollution Control Act. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(bx3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an adminiskative hearing. You may obtain the petiHon form from the office of Administrative hearings. You must file the petition with the office of Administrative Heazings 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 Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of Administrative Hearings. The 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 fa�ced transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 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: Mc Sam M. Hayes, General Counsel Department of Emironmental 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 questions, please contact Dave Wanucha at (336)776-9703 or Dave. Wanuchafa�ncdenr.� Smcerely,/� �'� (, ` Jay Zimmerman, Dvecror Division of Water Resources Electronic copy only distribution: Steve Kichefski, US Army Corps of Engineers, Asheville Field Office Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy Water Resour ces ENVIRONMENTAI. OUAu iv NCDWR Project No.: Applicanh Project Name: Date of Issuance of 401 Water Quality Certification: COUII[Y: PAT MCCRORY � DONALD R. VAN DER VAART tirurrun S. JAY ZIMMERMAN 10I➢Wflli Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not necessary to send certificates from all of these. ApplicanY.s Certificalion I, , hereby stare that, to the best of my abilities, due care and diligence was used in the observation of the construction such [ha[ the cons[ruction was observed [o be buil[ within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Cer(ification I, , hereby state tha[, to [he 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 specifications, and other supporting materials. Signature: Date: Engineer's CertJJ7cution Partial Final 1, , as a duly registered Professional Engineer in [he State of North Carolina, having been aathorized to observe (periodically, weekly, full time) the construction of [he projec[ for Che Permittee hereby state that, to the bes[ of my abilities, due care and diligence was used in [he observation of [he cons[ruction such tha[ [he construction was observed [o be built within substan[ial compliance and in[ent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature Date Registration No. Stale of Nonh Camiina IF.nvironmental Quality I Waier Resources 1617 Mail Service Center, Raleiqh, Notlh Carolina 27699-i6i7