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Home My WebLink About20170414 Ver 1_Approval Letter_20170504ROY COOPER (irirernor MICHAEL S. REGAN t� , �rtru r Environmenfu( S. JAY ZIMMERMAN t 1ii�ri ror Qualify May 4, 2017 (rwisranJ Rowan County NCDWR Project No. 20170414 6ridge 300 on SR li46 WBS Project No. 17BP.9.R.61 APPROVAL of l01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amy Euliss. Environmental Officer NCDOT, Division 9 375 Silas Geek ParAway W inston Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance with Ihe conditions listed below, for the following impacts for replacing Bridge 300 with a new bridge on Scercy Road in Rowan Coonty. This revision pertanas to n n�o correclron x�hich revrsed WQC Number a08� ro -1087 in ne.rt purugraph. N'o other revisions were made. Water Impacts in the Permanent Fill in Site O en Wa[ers ac Bank Stabilization < 0.01 Temporary Fill in Ooen Waters facl Bridge Demoli[ion � <0.01 � <O.UI Total Open Water Impact for Project: <0.02 Acres Total Fill in Open Waters (ac) <0.02 The project shall be constructed in accordance with your application dated April 6. 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 4087 and d094. These certifica[ions correspond lo Nationwide Permit 13 and 33 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you procced wi[h your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permi[. This approval is valid solety 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. If the proper[y is sold, the new owner must be given a copy of [his Certitication and approval letter, and is Ihereby responsible for complyine with all [he condi[ions. If total wetland fills for this project (now or in the future) eaceed 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 [o the conditions listed in the attached certification(s) and any additional conditions listed below. �'Nothing Compares =- � Sfaie of North Carolina �[nvironmental Qualiry Ibi7 Mail Sen�ice Czntrr I Raleiglt. North Carolina?7699-1617 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 Constniction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. This project impacts waters classified by the NC Environmental Management Commission as High Quality Waters (HQW); therefore, stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other' means appropriate to the site for pre-treating storm water runoff prior to discharging directly into streams. 4. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable requirements of the NCGO10000. Please note the extra protections for the sensitive watersheds. 5. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification (Numbers 4085 and 4094) will be waived per request of the permittee. [15A NCAC 02H.0506] ' 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. Disturbe`'d 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 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 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 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 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. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) shall complete and ret�un 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 construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0506(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 construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 21. 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. T'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 Sediment and Erosion Connol Planning and Duign Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requiremenu specified in the most recent version of the North Carolina Sediment and Erosion Control Maneal. 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 Carolrna Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. Sediment 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)] [f yau 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 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 considered filed when it is received in the office of Administrative Hearings during nortnal office hours. T'he Office of Administrative Hearings accepu filings Monday through Friday between the hours of 8:OOatn 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 fa�ced-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 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 on DEQ as follows: Mr. Sam M. Hayes, Genernl 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. ay Zimmerm , Direc[or Division of Water Resources Electronic copy only distribution: Jatnes Lasringer, US Artny Corps of Engineers, Raleigh Field Office Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resowces Commission File Copy Environ m en tu I Quafity NCDWR Pro,ject No.: Applicant: Projec[ Name: Da[e of Issuance of 901 Water Quality Certification: county: ROY COOPER Garrrnnr MICHAEL S. REGAN Cr.'rc�oi.r S. JAY ZIMMERMAN n�,�<<��„ Cer[iGcate o(Completion Upon completion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules, and any subsequent modifications, [he applican[ is required to retum this certificate ro the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, ?7699-1617. This form may be returned to NCDWR by the applicant, Ihe applicanYs authorized agent, or the project en,ineec It is not necessary to send certificates from all of these. ApplicanPs Cerlificatioii l, , 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 ofthe 401 Water Quality Certiflca[ion and Buffer Rules, the approved plans and specifications, and other supportin� materials. Si�nature: Date: Agen!'s Certifrcntioii 1, , 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, Ihe approved plans and specifications, and other supponina materials. Signature: Eitgineer's Certification Partial Final I , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construc[ion of [he project for the Permittee hereby state [hat, to the bes[ of my abilities, due care and diligence was used in the observa[ion of [he construction such that the construction was observed to be buill within substantial compliance and intent of the 401 Wa[er Quality Certifica[ion and Buffer Rules. the approved plans and specifications. and other supporting ma[erials. Signa[ure Date Registration No. -' �'Nothing Compares — . 5[ace of North Carolina I Emimnmental Quali�y 1617 Mail Szrvice Center I Raleigh, Nonh Carolina 2 7699-161 7