HomeMy WebLinkAbout20170639 Ver 1_Approval Letter_20170530En viron men ta I
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ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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May 30, 2017
Surry County
NCD W R Project No. 20I 70639 v. I
SR 1333
State Project No. I I?08621
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITION.4L CONDITIONS
Michael A. Pettyjohn, PG Division Enginner
NCDOT, Division 1 I
801 Statesville Road
North Wilkesboro, NC 286�9
Dear Mr. Pettyjohn:
You have our approval, in acwrdance with the conditions listed below, for [he following impacts for riprap
bank stabilization in Surry County:
Stream Im acts in the Yadkin River Basin
Site Permanent Fill Temporary Fill in Riprap in
in lotermittent In[ermittent Perennial Stream
Stream (linear Stream (linear ft) (linear ft)
ft)
Total
70
70
Total Stream Impact for Project: 70 linear feet.
Temporary Fill
in Perennial
Stream (linear ft)
Total Stream Stream
Impact Impacts
(linear Tt) Requiring
Mitigation
(linear ftl
The project shall be constructed in acwrdance with your application dated and received on May 24, 2017.
After reviewing your application, we have decided that these impacu are covered by General Water Quality
Certification Number 4087. This certification corresponds to the Nationwide Permit 13 issued by the Corps
of Engineers. In addition, you should acquire any other federal, sta[e or local pern�its before you proceed
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regidations. This approval will expire with the accompanying 404 permit, if applicable.
This approval is valid solely 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. lf the
property is sold, the new owner must be given a copy ofthis Certification and approval letter, and is thereby
responsible for complying with all the conditiais. Iftotal weNand fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory
mitigation may be required as described in ISA NCAC 2H A�06 (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
Slale o(North Carolina I F,nvironmental Qualily
1617 Mail $ervice Center � Raltigh. North Carolina 27699-16U
conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. Turbidity curtains shall be used to isolate all wark areas from the stream at Mitchel River,
including pile or casement installation, placement of riprap, excavation or filling. Strict adherence
to the Construction and Maintenance Best Management Practices will be required. [15A NCAC
02H .0506 (b)(3) and (c)(3)] '
2. For projects impacting waters classified by the NC Environmental Management Commission as
Tr�ut (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) 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. Mowing of existing vegetated .
buffers is strongly discouraged. [15A NCAC 02B.0224 and 0225]
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 or not a permit modification will be required. [15A NCAC
02H.0506(b)(2j] �
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]
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 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 sliall 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 struetures
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, hydrauTic 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. D;ischarging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NGAC 02H.0506(b)(3)]
i
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 ar 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 eopy 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 (bj(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. T;he 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 shall complete and return the enclosed "Certification of Completion
F,orm" to notify the NCDWR when all wark included in th'e 401 Certification has been
completed. [15A NCAC 02H.0502(�]
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.OXXX(10)] .
_�
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 maintained in accordance with the most recent version of the North Carolina
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 Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must fle 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. The O�ce of Administrative Hearings accepts filings Monday through 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 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. Bill F. Lane, 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 April Norton at (919) 707-9111 or @ncdenr.gov.
Sincerely,
� �a� ,
S. Jay Zimmerm , Director
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division 11 Env'vonmental Officer
Travis Wilson, North Cazolina Wildlife Resource Commission
David Wanucha, NC Division of Water Resources, Winston-Salem Regional Office
April Norton, NC Division of Water Resource, Central Office
File Copy
�
�
Environmentul
Quality
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Water Quality Certification:
Counh•
ROY COOPER
Gocrr,u,r
MICHAEL S. REGAN
ceu���rm�r
S. JAY ZIMMERMAN
u;, �-�,��.
Certificate of Completion
Upon comple[ion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules, and any
subsequent moditications, the applicant is reyuired to retum this certificate to the 40l Transportation Permitting Unit,
North Carolina Divisio�t of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This tbrm may
be retumed to NCDWR by the applicant, the applicanCs authorized agent, or the project engineer. Il is no[ necessary
[o send certificates from all of these.
Applicanl's Certifrcalion
1, , hereby state [ha[. [o the best of my abilities, due care and dilieence
was used in the observation of the construction such that the construction was observed to be built �vithin substaotial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
9genPs Certifrcation
I, hereby state that, ro die 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 a�d specifications,
and other supportin� materials.
Signature: Date:
Engineer's Cerlification
Partial Final
I, , as a duly re,istered Professional F.ngineer in d�e State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for Ihe
Permittee hereby state tha[, 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 Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials.
Si�nature
Date
Re,istration No.
Slatt of North Carolina I F.mironmen[al Qualiq�
I hl7 Matl Srrvsc Cemcr I����6h. North Carolina 27699-I R 17