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Home My WebLink About20170117 Ver 1_Approval Letter_20170208Environmental Qua(ity Site To[al Total ROY COOPER � � ,�,�,�,� MICHAEL S. REGAN .vc.-�.�cr�� S. JAY ZIMMERMAN n„��, r,�� February 8, 201? Moore County NC D W R P%ject No. 201701 17 Bridge 13 on SR I 102 TIP No. B-5758 APPROVAL of 4I11 WATER QUALdTY CERTIFIC.ATION with ADDITIONAL CONDITIONS Mr. Brandon H. Jones, P.E., Division Engineer NCD�T. 6ivision 3 902 North Sandhills Blvd. Aberdeen, NC 28315 Dear Mr. Jones: You have our approval, in accordance with the conditions lis[ed below, for the following impacts for the purpose of replacing Bridge 13 with culverts in Moore Coimry: Stream Imoacts in the Lu Permanenk Fill in Ferennial I Riprap Stabilization m Temporary Dewaiering to Strcam -linear ft� F'ert�nia! Slrea:r iinear It �'erenninl Strcaor Lntnr ff 42 84 95 To[al Stream Impact for Pro,jech 95 linear feet. Wetland Imnacis in thc Lumber River Basin Permanent Fill 0.01 0.02 Total Wetland Impact for Project U.03 acres. Total Wetland Total Stream 0.03 221 The project shall ba constructed in accorJance with your application received .Innuary 2?, 2017. Afier rtviewing your application, we have decided tBat [hese impacts are covered by Generai Wntzr Quality Certificatiun Number 3886. This certifica[ion corresponds [c the Nationwide Permit 14 issued by the Corps of Enginecrs. In audition, you should acquire any other federal, sta[e or local permits before you proceed wi[h your projec[ including (but no[ limited :o) Sedimen[ and Erosion Con[*ol, Non-Discharae and Water Supply Wa[ershed reguiations. This approval will expire with the accompanyin� 40d permit. This approval is vnlid solely For the purpose and design described in yom' application (unless modiGed belowj. Should your prqiect change, you must notify the NCDWR and submit a new application. Ifthe property is sold. the new owner must be given x copy of this Crrtification and approval letter, ana is �hereby responsiule ter complying with all the wnditions. If total wetland fills for this project (now or in the future) exceed one acre, er of total impacts ro streams (now or in the futurel exceed I50 linear feet, compensatory mitigation may be required as de�crbad in 1�A NCA� ?H .0�06 (hj ('6) and (7). For tFos approval to ramain valid, you mus� �dhere io the conditions listed in Ihe certiiicstiun and any additi�nal conditions listed below. - �'NothingCompares'-� State of Vorh ('arolm� � Enwronmcnf2l Qual�ty I n 17 Mai i Service Center i Rale��lt Nonii Carol nia 27b99-16 i 7 Con.ditio�ns of Certification: 1. As a condition of this 401 Water Quality Certification, the bridge demolition 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)] �. Unl�ss othenvise app:oved in tl�is certification, piacement of culvert� and ather srructures in epen waters and streams, shail be placed below the elevation of the streambed by one foot fer all culverts �vith a diameter greater tlian 48 inches; �nd 20 perc�nt of the culve:t diameter for culverts having a diameter ?ess than 48 inches, to al�ow low flow passage of water and aquatic life. Design and piacement of culverts and other structures inciuding temporary erosion control r.iezsures shall net be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, ad�acent to or upstr�am ar.d down stream of the above structures. Tha applicant is re�uired to provide evidence that the equilinrium is being maintained if requested in writing by the NCDWI'c. If this condition is unable to be met due to bedrock or other limiiing features encountered during construction, nlease contact the �1C�WR for guidance on how to proceed and to determir.e w�ether or no± a permit modification will be recuired. [15A NCAC 02H.0506(b)(2)] 3. Ii multiple pipes or oarrels are required, they shall be designed to mimic natural stream cross section as closely as �ossible includir_g p��es or barrels at flood plain e;evation and/ar sills where appropriate, W;dening the sLYeam channel should be avoided. _ Stream chaianel widening at the inlet or outlet end of structures typically decreases water v�locity ca�ising sediment cieposition that requires increased maintenance and disrupts aqu�iic life passage. [15A NCAC 02H.0506(b)(2)] 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 all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetaied with appropriate native species. [15A NCAC 02H.0506(b)(2)] 6. "Th� �trPam crannP� s�all be Axca4�ated no dP�aer than the yah�ral bed ma±erial of tbe stream, to the maximut:l eYter.t � practicable. Efforts must be made to minimize impacts to the stream banks, as well as ta vegetation responsible for riaintair_ing th� str�am bank s�abiLr�. Einy applicab:e riparian buffer impa;.t for access ta sir�am chanael shall be ternporary and be revegetaied witr� native ripa�•ian species. [15A NCAC 02H.0506(b)(2)] 7. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between �urin� concrete and slream water. �JVater that inadvertently contacts �.uicured concrete shall not'oe discl�arged to _, ._ surface waters due.to the potential for elevated pH and possible aquatic life and fish kills. [1 SA NCAC 02B.02.00] � 8. During the construction of the projcct, no staging of equipment of any kind is permitted in waters of the TJ.S., or protected ripa; ian buffers. [15A NCAC 02�3.0506(b)(2)] � 9. The dimension; pattern and profale of the stream above and below the crossing shall not he modified. Disturbed floodplains a.nd streams shall.be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 10. The use of rip-rap xbc�ve the Normal High Water Mark shal] be minimized. Any rip-rap placed for strPam stabilization shall be place� in stream channels in such a manner thzt it does not impede aquatic life passa�e. [15A NCt�C 02ii.0506(b)(2)] 11. The Permittee shall ensure tha± the imal design drawings adhere to the permit and to the peamit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c�(2)] 12. All work in or adjacer,t to stream �vaters shull be con3ucted in a d.ry work area. Approved BMP rr.easures frorn .. tY:e _TM.iast cuirer.t ve: sion ai NCDO"� Constn:ctfon a:�ci A�1a:ntznaace Aativities mar�u•�1 su�h as sand�ags, rock G;,rms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 13. He�.�r� ec�uil�ment si�all be operated f.ror,l the banks ratl�er ihan in the s�ream c'r,arLn�l in orc��r ta miriimiz.e sedimentation and reduce #ne int.oduction of other palhatants into the stre�m. [1_SA NCAC 02H.0�05(b;(?); 14. All mechanized equipment operated near surface waters must be regular�y inspected and maintained to prevent contamination of stream waters &om fueis, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 15. 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. D:sc��arging t;y�roseed mixtur�s and washin� out hyciroseeders and ather equipmer.t in or adjacent to surface waters is prohibited. [15P NCAC G2H.OS�J6(U)(3)] ].7. The �ermi*iee and. its au�horize� agents shall condnct its activities in a manr.er consister.t with State water aual:ty standards (including any requirements resulting from compliance wiih §303(d) of the Clean W ater Act) and any otner appropriate req�airements of State and Federal law. If the NCD��VR determir.es tha± such standards or laws are r_ot being met (including the falure to sustain a designated or achieved use) or that Stat� or federal luw is being violated, or that further conditi.ons.are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200 j 18. All fill slopes lo�ated. in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by ihis certification. [15A NCAC 02H.0506(b)(2)] _ 19. A.copy of..this Water Quality_Certification shall be maintained on the construction site at all times. In addition; the . .__ Water Quality Cenification"and all subsPque�t modifications, if any, shall be maintained with ihe Division Fngineer an.d - the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 20. 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] 2L The issuance of this certificaiion does not exempt the Permittee from complying with any and all statutes, rules, regulations; or ordinances that may be imposed by other gove_rnment agencies (i.e. local; state, and fe�erall having juris�idtion, including but not limiteu� t� �pp�icable buffer rules, st�rmwat:r mana¢ement rulPs, s�il erosion_ and s�dimentati.on control requirements, etc. v 22. T'l�e Fermittee shall report any 'violations of this certification to the Division of Water Resources witliin 24 hours c,f discovery. [15A NCAC 02E.OSJ6(b)(2)] 2?. L'�on-comrletion �f the prc�ject (including any impacts at assxiated bo:row or wzste si?es), the NCDOT Division F,ngineer (or whamever is the autborized agent if a non-NCDOT project) shall complete and return the enclosed _. °Certification of Conipletion Form" to notify the NCDWR wher, ali �vork included in the 401 Certification has been completed. [15A �ICAC C2H.0502(�] 24. Native riparian vegetation (i.e., trees and shrubs native to your 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. [15A TICAC 02B.050G(b)(2)] - 25. '?'here. shall be no �x�avation from, or waste disposal into, jurisdictior.al wetlane�s or waters associated with this pernut without appropriate mo�ification. Should waste or borrow sit,,s, or access roads to ��aste or borrow sites, be located in wetiands 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)] 26. Frosion and sediment control practices must be in full compliance with all spec�fications governing the proper design, installatian and operation and maintenance of such Best h4anagement Practices in or3er to protect surface waters standards [15P. NCAC 02H.0506(lz�(3) and (c)(3)]: 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 Carolina Sediment and Erosion Control PlGnr.ing and Desig�� Manual. b. The design, installation, operation, and maintenance of the sediment and erosion contral measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Cmolina Sediment and Erosion Control Mnnual. T'he devices shall be maintained on all construction sites, borrow sites, and waste pile (spoiQ projects, including contractor-owned or leased borrow pits associa[ed with the project. c. For bonow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordarice with the most recent version of the North Carolina SurJace Mining Munual. d. 7'he reclamation measures and implementation must comply with the reclunation in accordance with the requirements of the Sedimentation Pollution Control Act. 27. Sediment and erosion control measures shall not be placed in wetlands or waters onless otherwise approved by this Certification. [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 adminisirative heazing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within si�cry (60) days of reseipt 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 thmugh Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the pe6tion must be filed with the Office of Administrative Hearings. T6e petition may be faued-provided the original and one copy of the dceument is received by the Office of Adminisuative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Adminis6rative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699fi714 Telephone: (919)?3?-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mc Sam M.Hayes, General Counsel I�partment of Environmental Quality 1601 Mail Service Center 7'his tetter wmpletes the review of the Division of Water Resources under Section 40l of the Clean Water Act. If you have any quesfions, please conhact Rob Ridings at 919-707-8786. Sincerely, � ��' "V ��or S. Zimmerman, Director Division of Water Resources Electronic copy only distribution: Mdy Williams, US Army Corps of Engineers, Raleigh Field Office Art King, Division 8 Environmental Officer File Copy Environ men ta I Quality NCDN'R Pruject No.: Applicant: Project Name: Da[e of Issuance ef 401 Water Quality Cerfifcatic�n: Cuunty: ROY COOPER ,� �,�,,,�,�� MICI{AEL S. REGAN �,.: , ,-�.n, � ti. JAY ZIMMERMAN i,,�., ,. Certificate of Completion Upon completfon of all work approved wid�in die 401 Water Quality Certification or applicable Buffer Rules, and any subszquent modifications, the appiicant is required to retum this certificate [o the 401 Transporta[ion Permitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-16 U. This form may be returned [o NCDWR by [he applicani. the applicant's authorizeJ a�ent, or tne projec[ engineer. it is nul necessary to send certificates from all of these. ApplicanPs Cerrifrcation !, , hereby state that, to the best of my abilities, due care and diligence was used in [he observa[ion of the construction such that the construction was observed [o be built wi[hin substantial compliance and in[ent of the 401 Water Quality Certifica[ion and Buffer Rules, [he approved plans and specifica[ions, and u[her supporting materials. Si;nature� - -, ------- Date: ----- --- — AgenYs Cerlifiration 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 conswction was observed to be built within substantial compliance and intant of [he 401 Water Quality Certilicatiuo and Buffer Rules, th. approved plans and specifications, and other supporting materials. Signature: Engineer's Cerlifieation Partial Final [, , as a dul� registered Professional Engineer ir. the State of North Carolina, having been authorized io observz (periodically, wzekly, fu!I [ime) the conshuction of the project fur the Permittee hereby sta[e [hat, to the best of my abilities, due care and diligence was used in [he observation of [he construc[ion sucii tha[ [he construction was ubserved to be built within �ubs[antial complinnce and intent ofthe 401 Wa[er Quality Certitication and But%r Rules, the approved plans and specifications, and other supporting materials. Signature Date Rcgistralion No. -` �'Nothing Compares-� � Rafe ol Nn�th Carn_Gna I Gmironmzutal �ua!iry l017 Mail Service Center � Rale�gn. North Caroiine 2769"v-I b i i