HomeMy WebLinkAbout20170429 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