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Home My WebLink About20161210 Ver 1_Approval Letter_20161220Environmen ta! Quality PAT MCCRORY (Iovcmo� DONALD R. VAN DER VAART $2CKL8R' JAY ZIMMERMqN DW K Director December 20, 2016 Rowan County NCD W R Project No. 20161210 Bridge 353 on SR 1349 WBS Project No. 17BP.9. R.62 APPROVAL of 401 WATF.R QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amy Euliss NCDOT, Division 9 Environmental Officer 375 Silas Creek Parkway Winston Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance with the conditions listed below, for the following impacu for the purpose of replacing Bridge 353 on Turkey Road (SR 1349) over UT to ColdwaCer Creek [(13-17-9-4(1)] in Rowan County with a double-barrel box culvert. Site Permanent Fill in Perennial Stream Culvert I Bank [s in the Yadkin Pee Dee River Basin Temporary Fill in Total Stream Perennial Stream �mpact (linearft) (linearft) Dewatering 74 14 74 14 To[al Stream Impact for Project: 128 linear feet. 128 Stream Impacts Requiring M itigation (linear ft) The project shall be constructed in accordance with your application dated received December 7, 2016. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sedimen[ and Brosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 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 notify the NCDWR and submit a new application. Ifthe property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with al I the conditions. If total wetland fills for this project (now or in [he future) exceed one acre, or of total impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation 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 conditions listed in the attached certification(s) and any additional conditions listed below. "Nott�ing Campares "— _. S[ate ofNorth Carolina I Emironmental Quality 161I Mail ServiceCenter I Raleigh, North Camlina 27694-16I I 919-7U7-9000 Condition(s) of Certification: Project Specific Conditions • 1. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. The culvert shall be designed to mimic natural stream cross section as closely as possible including pipes or bazrels 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)] 3. 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. [I SA NCAC 02H.0506(b)(2)] 4. For the 14 linear feet of sheams being impacted due to site dewatering activities, the site shall be graded to its prewnstruction contours and revegetated with appropriate native species. [i5A 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)(2)] General Conditians I. 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 culveds 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 suuctures 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 downsheam of the above sh-uctures. 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 o[her limiting featwes encountered during wnstruction, please contad 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 preventd'vect contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be dischazged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ISA 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 ripazian buffers. [ 15A NCAC 02H.0506(b)(2)] 4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified. Distutbed floodplains and streams shall be res[ored 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 watec [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 sheam. [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. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 12. Th0 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 Clea� Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standazds or laws aze 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 aze 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 Ihis certiPication. [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 Qualiry Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [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 or flagging 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 govemment agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation conhol requirements, etc. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours oFdiscovery. [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 consWction limits of the project by the end of the growing season following completion of conshvction [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 conshuction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 21. 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 Management Practices in order to protect surface waters standazds [15A NCAC 02H.0506(b)(3) and (c)(3]): a. 1'he 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 Carolina Sedrment and Erosion Control Planning and Design Manual. b. T'he design, installation, operatioq and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requ'vements specified in the most recent version of the North Carolina Sediment and Erosron Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow piu 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 Surface Mining Manual. d. The reclamaUon measures and implementation must comply with the reclamation in accotdatice with the requirements of the Sedimentation Pollution Conuol Act. 22. Sed'unent and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [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 administrative 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 Administrative Hearings during nortnal office hours. The Office of Administrative Hearings accepts filings Monday Uvough 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 faxed-provided the origic�al and one copy of the dowment is received by the Office of Administrative Heazings within five (5) business days following the fa�ced hac�smission. The mailing address for the Office of Administrative Heazings 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: 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 questions, please contact Dave Wanucha at (336)776-9703 or Dave. Wanucha@ncdenr.gov. Sincerely, �� + S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: John Thomas, US Army Corps of Engineers, Raleigh Field Office Mazella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy En vironmen tal Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: PAT MCCRORY (iovernur DONALD R. VAN DER VAART Secrc�ar} JAY ZIMMERMAN t�wit r��«�� Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required to remrn this certificate ro the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 2 7699-1 61 7. This form may be retumed to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineer. It is nor necessary to send certificates from all of these. ApplicanYs CerlifrcMion 1, , hereby state that, to [he best of my abilities, due care and diligence was ased in the observation of the construction such that the construction was observed to be buil[ within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and oYher supporting ma[erials. Signature: Date: AgereYs Certifrcution I, , 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 specifications, and other supporting materials. Signature: Engirfeer's Cerlifrcafinn Partial Final I, , as a duly re�istered Professional Engineer in the State of North Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of the project for the Permittee hereby s[ate tha[, to [he best of my abilities, due care and diligence was used in the observation of the construction such [hat the construction was observed [o be built within substantial compliance and intent of the 401 Water QualiTy Certification and Buffer Rules, the approved plans and specifications, and o[her supporting materials. Signa[ure Date Registration No. -`%'Not}iing Compares :- r S[flt¢ u( North Camlina I Envimnmental Quality 161 I Mail Szrvice Center I Rnleigh, Nonh Carofina 27699-161 I 91y-70�-9000