HomeMy WebLinkAbout20170150 Ver 1_Approval Letter_20170412ROY COOPER
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MICHAEL S. REGAN
.Aei�n•tr,rN
Envlraimenful 5. JAY ZIMMERMAN
I �t.rr�m
QUn�(iy
April 12, 2017
W ilkes County
NCD W R Prqject No. 20170150
Bridge 317 on SR 1745
W BS Project No. 17BP.1 I R.120
APPROVAL of �01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slau�hter, Emironmental O�cer
NCDOT, Division I I
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mr. Slau�hter.
You have our approval, in accordance with the conditions listed below, for the following impacts related to
replacing Bridge 317 with a triple-barzel reinforced concre[e boa wlvert in Wiikes County:
Stream Im ac[s in the Yadkin Pee Dee River Basin
Permnnent Temporary
Temporary Fill in Permanent Fill in Fill in Fill in
Perennial Stream Perennial Stream Intermi[tent Intermittent
g��e (linear ft) (lineur k) Stream Stream
linear ft linear k
Dewater Culvert Bank
Stabilization
I 138 43 7? - -
tals 138 13 72
Total Stream Impact for Project: 253 linear teet
7'otal Stream
Stream �mpacts
Impact Requiring
(linear ft) Mitigation
(linear ft)
253
The project shall be constructed in accordance with your application dated January 30, 2017 (placed on Hold on
February 24, 2017). After reviewing your application, we have decided [hat [hese impacts are covered by General
Water Quality Certification Number 4088. This certification cortesponds to Nationwide Permit 14 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permi[s before you proceed
wi[h your project including (but not limi[ed to) Sedimen[ and Erosion Control, Non-Discharee and Water Supply
Watershed regulations. This approval will expire with the aceompanying 404 pennit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your project change, you mus[ no[ify the NCDWR and submit a new application. If the property is sold, the
new owner mus[ be given a copy of this Certification and approval letter, and is [hereby responsible for complying
with all the conditions. If total wedand fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the fumre) exceed 150 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 Iisted below.
�"Nothing Compares :- .
State of North Caroline I Environmenul Qualit}'
1617 Mad Service Center I��eigh. North Carolina 2 7699-1 61 7
Condition(s) of Certification:
Project Specific Conditions
1. As a condition of this 401 Water Quality Certification, 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)]
2. The culvert shall be designed to mimic natural stream cross section as closely as possible including 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 138 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 ma�cimum
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. 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. If this condition is unable to be met due to bedrock or other
limiting features encountered during constructiion, please contact NCDWR for guidance on how to proceed and
to determine whether or not a permit modification will be required. Design and placement of culverts arid 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. [15A NCAC 02H.0506(b)(2)]
General Conditions
1. 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]
2. 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)]
3. 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)]
4. 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)] �
5. 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)]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
12. 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)]
13. 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)]
14. 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]
15. 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.
16. 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)]
17. 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]
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 02B.0506(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
maintained in accordance with the most recent version of the North Carolina Sediment and Erasion Control
P/anning and Design 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 Carolina
Sedrment and Erosion Contro! Manval. 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 Minrng Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requiremenu of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measutes shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(bx3) and (cx3)]
If you wish ro contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the 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 consideted
filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of
Administrative Heazings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The ariginal and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
7'he petition may be faxed-provided the original and one copy of the dceument is received by the Office of
Adminiskative Hearings within five (5) business days following the faxed 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 an 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,
"I �i
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Cotps of Engineers, Asheville Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Enviraimental
Qualify
NCDWR Project No.:
Applicant:
Project Name:
Date ot lssuance of 401 Water Quality Certification:
County:
ROY COOPER
l�OI'[I'AOI'
MICHAEL S. REGAN
S�•�,���r�r��r
S. JAY ZIMMERMAN
u�,�,�����„�
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, Raleigh, NC, 27699-1617. This form
may be returned ro NCDWR 6y the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
App(icanYs Certifrcalion
�, , hereby state that, to the best of my abili[ies, 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.
Signamre: Date:
AgenPs Cerlificarion
�, , 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:
En�ineer's Certificutioir
Partial Final
�, , as a duly registered 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 s[a[e 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 Qualiry Certification and Buffer Rules. [he approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
-"�"Nothi�g Compares .- .
State of Nonh Carolina I Environmentel Qualiry
16I7 Mail Service Cemer I Raleigh, Nonh Carolina 27699-1617