HomeMy WebLinkAbout20170086 Ver 1_Approval Letter_20170206ROY COOPER
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MICHAEL S. REGAN
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Environmenta( S. JAY ZIMMERMAN
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February 6, 2017
Caldwell County
NCD W R Proj ect No. 20170086
Bridge 123 on SR 1356
State Project No. 176P.1 I. R.120
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter
NCDOT, Division I I Environmental Ofticer
801 Statesville Road
North W ilkesboro, NC 28659
Dear Mc Slaugh[er:
You have our approval, in accordance with [he condi[ions lis[ed below, for the following impacts for the purpose of
replacing Bridge 123 over Elijah Estes Mill Creek wi[h a double barrel box culvert (RCBC) in Caldwell County:
Site
S[ream Im acts in the Catawba River Basin
Temporary Fill in Permanent Fill in Stream Impacts
Perennial Stream Perennial Stream
Qinear ft) (linear ft) Tolal Stream Impact Requiring
Qinear f[) Mi[i�a[ion
Bank linear ft
Dewatering Culvert �, , ,,,A „ _ ( )
20
123
143
143
Total Stream Impact for Projech 143 linear feet.
The project shall be constructed in accordance with your application dated received January 2Q 2017. After
reviewino your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to [he Nationwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or bcal permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Wa[er 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 chan�e, you must notify the NCDWR and submit a new application. Ifthe property is sold, the
new owner must be given a copy of this Certitication and approval letter, and is Ihereby responsible for complying
with all the condiYions. If total wedand fills for tliis project (now or in the future) exceed one acre, or of total
impacts to streams (now or in [he fu[ure) esceed I50 linear feet, compensatory mi[igation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For [his approval [o remain valid, you mus[ adhare to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condi[ion(s) of Certification:
Project Specific Conditians
�'Nothing Campares - �
State o(North Carolina � Envimnmental Qualiry
1617 Mail Service Cenrer I kaleigh. North Camlina 2 7699-1 6 1 7
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. 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/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.
[15A NCAC 02H.0506(b)(2)]
4. For the 20 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)(2)]
6. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
7. 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]
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 pertnit 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 smzctures 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 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]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [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. 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)]
19. 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)]
20. 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 surface
waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
mainqined in accordance with the most recent version of the North Carolina Sedrment and Erosion Control
Planning and Desrgn Manua[.
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 Carolina
Sediment and Erosion Control Manual. The devices shall be mainqined on all construction sites, bortow
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 wntrol measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mrning Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requ'vements of the Sedimentation Pollution Contral Act.
21. Sediment and emsion control measures shall not be placed in wetlands or waters unless otherwise 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 administrative
hearing. You may obtain the petiHon form from the office of Administrative hearings. You must fite the petrtion
with the o�ce 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 Heazings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday [hrough 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 document is received by the Office of
Administrative Hearings within five (5) business days following the faxed Vansmission.
7'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-300Q Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mc Sam M.Hayes, General Counsel
Departrnent 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. y Zimmerm , Dir� o P�
Division of Water Resources
Electronic copy only disffibution:
Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Environmenral
Quafity
NCDWR Project No.:
.4pplican[:
Project Name:
Date of Issuance of 401 Water Quali[y Certification:
County:
ROY COOPER
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MICHAEL S. REGAN
Sr�rrrnrr
S. JAY ZIMMERMAN
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Certi6cate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifica[ions, the applicant is required to return [his certifica[e lo [he 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed to NCDW R by the applicant, the applicant's authorized a�ent, or the project engineer. It is not
necessary to send certificates from all of these.
.9pplicant's Cer(ifrculio�i
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 Wa[er Quality Certitication and Buffer Rules, die approved plans and
specitications, and other supportine materials.
Si�nature: Date:
AgenPs CerliJication
I, , hereby state [ha[, 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 Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure:
Engineer's Certificafioit
Partial Final
I, , as a duly regisrered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state tha[, to the best of my abili[ies, due care and diligence was used in [he observation of the
construction such tha[ [he cons[ruc[ion was observed to be built within substantial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
'�'Nott�ing Cnmpares -- ,
S�aic ol Nonh Camlina I Environmenlal Qualiry
1617 Mail Seruice Center I Raleigh. North Carolina 27699-1617