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Home My WebLink About20170429 Ver 1_Approval Letter_20170505ROY COOPER c;ot�e,�m,r MICHAEL S. REGAN �r�.�i�rau,r Environme��tal S. JAY ZIMMERMAN 116�ertor QUQI(ty May 5, 2017 Forsy4h County NCDWR Project No. 20170429 Main Street (Be[hania) SR 161 I WBS Project No. 9.20341 I APPROVAL of a01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amy Guliss, Environmental Officer NCDOT, Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance with the conditions listed below, for the following impacts to stabilize and reloca[e a segment of Muddy Creek in Forsy[h County: Stream Im acts in the Yadkin Pee Dee River Basin Permanent Temporary 'femporary Fill in Permanent Fill in Fill in Fill in Strexm Perennial Stream Nerennial Stream Intermit[ent Intrrmitten[ Total �mpacts g��e Qinear ft) (linear ft) Stream Strenm Stream Requiring linear ft linear ft �mpact Mitigation Qinenr ft) �linear fq Fill Bank Sta6ilization - - I 10 I U - 125 - Totals 10 115 125 Ibtal Stream Impact for Yrojec[: IZS 1lnear fee[ The project shall be constructed in accordance with your applica[ion dated April 10, 2017. After reviewing your applica[ion, we have decided tha[ these impacts are covered by General Wa[er Quality Certification Number 4088. This certification corresponds to Nationwide Pertnit 14 issued by the Corps of En�ineers. In addition, you should acquire any other federal, stare or loeal permils before you proceed wi[h your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Wa[ershed regula[ions. This approval will expire wi[h the accompanying 404 permit. This apprpval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must no[ify the NCDWR and submit a new applica[ion. If [he property is sold, fhe new owner must be given a copy of this Certifica[ion and approval lerier, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the fumre) exceed I50 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0�06 (h) (6) and (7). Por this approval to remain valid, you must adhere to [he conditions listed in the attached certification(s) and any additional conditions listed below. �'Nothing Compares - ,. State ol'North Carolina I Envimnmental Qualiry 1617 Mail Scrvice Centar I Ruleigh. North Carohna 27699-1617 Condition(s) of Certification: Project Specific Conditions 1. 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)] 2. 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)] 3: Channel relocation shall be completed and stabilized, and approved on site by NCDWR staff, prior to diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel, to the maximum extent practicable. [15A NCAC 02H .0506(b)(3)] General Conditions 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 ar 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. [15ANCAC 02H.0506(b)(2)] J 6. The Permittee shall ensure that the fmal 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 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 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. 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 Planning 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 Sediment and Erosion Control Manual. 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 mainqined in accordance with the most recent version of the North Carolina SurJace Minrng Manual. d. The reclatnation 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 Certification. [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 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 normal office hours. 7'he Office of Administrative Hearings accepu filings Monday through Friday behveen the hours of 8:OOarn 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. T'he petition may be fa�ced-provided the original and one copy of the document is received by the Office of Adminisua[ive Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Cen[er 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 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. Sincereiy, �� S. y Zimmertn�r � Division of Water Resources Electronic copy only dishibutian: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Marella Btmcick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission Stephanie Braquet, Division 9 Env'vonmental Specialist (scbraqvet@ncdot.gov) File Copy Environmen�ui QUOIlC}� NCDWR Project No.: Applicanh Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER r;orrrnu,� MICHAEL S. REGAN �rrrrra,�i S. JAY ZIMMERMAN nv�zrnr Certificate of Completion Upon completion of all work approved within the 40I Water Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required [o rztum this certificate to the 401 Transportation Pemiitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fomi may be returned [o NCDWR by Ihe applicant, the applicanYs au[horized agent, or the project engineer. It is not necessary to send certiticates f'rom all of these. 4pplicun!'s Cerliftcalion 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 ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supponing materials. Signature: Date: AgenYs Cerlificalio�i I, , hereby state that, to the best of my abilifies, due care and diligence was used in the observa[ion of the cons[ruc�ion such that the construc[ion was observed to be built within subs[antial compliance and intent of the 401 Water Quality Certification and Buffer Rules. the approved plans and specifica[ions, and other supporting materials. Signature: Engirieer's Cerlifrcalion Partial Final 1, , as a duly registered Professional Engineer in [he S[ate of North Carolina, havin� been au[horized to observe (periodically, weekly, full time) the construction of the project for [he Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of [he construction such that ihe construction was observed to be built within substan[ial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature Date Registration No. lNothing Compares -- .. Staie ol North Caroiina � Gnvironmental Qualiry 1617 Mail Szrvice Centze I Raleigh. North Cnrolina 27699-1617