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Home My WebLink About20161155 Ver 1_Approval Letter_20161215Environmen ta I Qualiry PAT MCCRORY �o�ci:,,. DONALD R. VAN DFR VAAR7' 5cc,c�� c JAY ZIMMERMAN uw;: u�a.i,,, December 15, 20! 6 Rar�dolph Cot�nty NCDWR Project No. 2016i I55 SR 3120 State Project No. 17BP.8.C.1 APPROVAL of 401 WATER QUALITY CF,RTIFICATION with ADDITIONAL CONDlTIONS Mr. Brandon H. Jones, P.E., Division Engineer NCvOT, Division 8 902 Nortli Sandhills Slvd. Aberdeer�, NC 28315 Dear Mr. Jones, You have our approval, in accordance with the conditions listed below, for [he following impacts for the purpose of replacing culvens under SR 3I20 in Randolph County: Site Toial Fermanent Impact ro Pzre�n�ai S:rram (lieear ii6 I10 Tutal Stream impact for Project: 131 linear feet. the Yadkin-PeeDee River! Temporary impact to Pe�er.n�a�S�reanti!snear 2i 'ioial Stream impact 131 The projzct shall be constructed in accordznce •a�ith your application received November 22. 2016. ABer revie�vine your application, we have decided that these impacts are covered by General Water Qualiry Certifcation Number 3883. This certification corresponds ro the Nationwide Permit 3 issued by the Ccrps of Eaeineers. 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 will expire with the accompanyine 404 permit. This approval is valid solely for the purpose and design described in your apnlication (imless modified below). Should your prolect chanee, you must eotify the NCDWR and submit a new applica[ion. If[he property is sold, [he new owner must be givea n copy oTtnis Certificaren and approval lerier, and is ti�ereby resp�nsible for complying wfth all the conditions. If total wetlar.d fills for :his project (now or in Yhe future) exceed one acre, or of total impacts to streart!s (now or in the future) exceed I 50 linear feet, compensatory mi[igation may be required as described in 1�A NCAC ZH .0506 (h) (6) and (7). For [his approval to remain valid, you must adhere to the conditions listed in ihe certifirdtion and am additional conditions listed below. ' �'NotFring Com�ares = � S[n[e of tJurth Camlina I Lnviioirnentai Qualip lol I A1ml derv:c,� Ceo�r I kaleieh North �aroiina 27tiy4-lbi ; oiq.';rq op(ir, Conditions of Certification: l. Unless otherwise approved in this certification, placement of culverts and other struclures in open waters and streatns, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter geater 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 wlverts 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 strcam of the above strvctures. The applicani 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 and to determine whether or r.ot a pertnit modification will be requ'ved. [ I SA NCAC 0211.0506(Sk2)] 2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as cbsely as possible including pipes or barrels at tlood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Strzam channel widening at the inlet or ouHet end of structures typicalty decreases water velceity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [ISA NCAC 02H.0506(bx2)] 3. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage. Bicengineering boulders or struchues should be propedy designed, sized and installed. [15A NCAC 02H.0506(bx2)] 4. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconslruction contours and revegetated with appropriate native species. [ I SA NCAC 02H.0506(bx2)] 5. T'he stream channel shall be excavated no deeper than the natural bed material of the stream, to the ma�cimum e�ctent 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(bx2)1 6. If concrete is used during wnsiructiun, a dry work area shall be maintained [o prevent direct contact between curing concrete and stream water. Water that inadvettently contacts uncured concrete shall not be discharged to surface wa[ers due to rhe poiential for elevated pH and possible ayuatic lit8 and tish kills. [15A NCAC 02B.0200j 7. During the wnstruction of the project, no staging of equipment of any kind is perntitted in watecs of the U.S., or protected riparian buftars. [15A NCAC 02H.0506(bx2)J 8. '['he dimension, pattem and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored ro natural geomorphic conditions. [15A NCAC 02H.0506(bx2)] 9. The Permittee shall ensure that the final design drawings adhere to the pertnit and to the permit drawings submitted for approvaL [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (cx2)] 10. All work in or adjacen[ [o 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 watec [15A NCAC 02H.0506(bx3) and (cx3)] 1]. Heavy equipment shall be operated from the banks rather than in the sheam channel in order to minimize sedimentation and reduce the inhoduction of other pollutaots into the stream. [15A NCAC 02H.0506(bX3)] 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of s[ream waters from fuels, lubricants, hydraulic Fluids, or other toxic materials. [15A NCAC 02H.0506(bx3)] 13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(bx3)] 14. Discharging hydroseed mixtures and washing out hydroseeden and other equipment in or adjacent to sur�ace waters is prohibited. [15A NCAC 02H.0506(b)(3)] 15. The perr.�ittee and its authorized agents shall conduct its activities in a ma�ner consistent with State water qualiry standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate reyuirements 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 conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [ 15A NCAC 02B.0200] ]6. R copy ofthis Water Quality Certification shall be maiotained on the construction site at all times. In additicn, 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 (bx2) and (cx2)] 17. The outside bufter, wetiand or water boundary located within the construction corridor approved by this authorization, induding all non-commercial borrow and waste sites assceiated with the project, shall be clearly marked by highty visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless othern�ise authorized by this certification. [15A NCAC 02H.0501 and .0502] 18. The issuance of this ceRification dces not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and federaq having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requ'uemenu, etc. 19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(bx2)] 20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and retum 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(�] 'Ll. NaHve riparian vegetation (i.e., trees and shrubs naNve to yow geographic region) must be reestablished in the riparian areas witi�in the wnstruction limits of the project by the end of the f;rowing season following completion uf conshuc[ion. (15A NCAC 02BA506(bx2)] 22. 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 bortow sites, be Iceated in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road constntc[ion activities. [15A NCAC 021L0506(bx3) and (cx3)] 23. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Managemen[ Practices in order to protect surface watets standards [ 15A NCAC 02H.0506(bx3) and (cx3)]: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in acwrdance with the mos[ recent version of the North Carolina Sediment and Erosion Contro[ Planning and Design Manual. b. The design, installation, operation, and main[enance uf the sediment and erosion control measures must be such that they equal, or exceed, the requirements specifieA in the most recent version of the North Caro[ina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borcow sites, and waste pile (spoil) projects, including contractorvowned 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 Carolrna Surjace Mrnrng Manual. d. The reclamation measures and implemenlation must comply with the reclamation in accordance with the requirements o£the Sedimentation Pollution Control Act. 24. Sedimenr aod erosion control measures shall not be piaced in wetlands or waters unless otlierwise approved by thic Certification. [15A NCAC 02H.0506(b)13) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hcaring. You may obtain the petition form from the office oF Administrative hearings. You must file the petition with the office of Administrative Hearings within siacty (60) days oi 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 accepu filings Manday 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 dowment is received by the Office of Administrstive Hearings within five (5) business days follcwing the faxed transmission. The mailing address for the Otiice of Administrative Hearings is: Office of Administrazive Hearings 6714 Mxil Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petitian must also be served on DEQ as follows: b7r. Sam M. Hayes, Genenl Counsel Department of Env'vonmental Quality 1601 Mail Service Center This letter completes the review af the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, � ��1� � �%y S. Jay Zimmerman, Director �� Division of Water Resources Electronic copy only distribution: Andrew Williams, iJS Amiy Corps of Engineers, Raleigh Field Office Art King, Division 8 Env'vonmental Officer File Copy Environ men ta I Quulity NCDWR Project No.: County: Applicanh Project Name: Dafc of Issuanc: of 401 Water Quality Certificatioo: PA"I'MCCRORY UUNALD R. VAN DHR VAAR"I' JAY ZIMMFRMAN .n� v � ��,., ,, Certificate of Completion Upon completirni of all work approved within the 401 Water Quality Certification or applicable Buf%r Rulzs, and any subsequen[ modifica[ions, .he aoplicant is required [o retum this certificatz [o the 40] Transportatien Pemii[ting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fortn may be returned to NCDWR by the applicanL the applicant's authorized agent. or tne project engineec It is not necessary to send certificates ftom all of these. .9pplicanl's Certifrculion 1, , hereby state that, to the bes[ 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 Certiticallon and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signature: ---- ------ D�te:------- ngent'� ('ertifira(ion L . hereby state that, tc the best of my abilities, due care and diligence was used in the observation of the construction such that the construcuon was observed to be built within substantial compliance anti inten[ of the 401 Water Qua!ity Cer[ificatior and Buffer Rules, Ihe npproved plans and specifications, and other supporting ma[erials. Sig:iamre: Date: EngineePs Certificntion Partial Final 1, , as u duly registered Professional Engineer in :he Sta.e of Nerth Cazolina, having been authorized to observe (pe�riodically, weekly, foll [ime) the eonstruc[ion of Ihe projec[ for [he Permittee hereby sta[e [hat, to the best of my abilities, due care and dili�ence was used in [he observation of the construction such that the constmction was observed to be built within substantial complinnce and in[ent of [he 401 PJa[er Quality Certitication and Buffer P.ules, [he approved plans �nd specitications, and o[her supportin� materials. Signaturc Date Registration No. 'l Nothing Compares - , Slatc ui NorLS Carolin& I Ecvironmertal Quahly 15I I,Nail Service l'enL>r'i kelcigli. Plcrth t'a;nima 27f,9v�lr,7 ! 41 y 7G7 nOpU