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Home My WebLink About20170683 Ver 1_Approval Letter_20170622Environmental Qualrty ROY COOPER <;orrrnur MICHAEL S. REGAN .4en�rtro�c S. JAY ZIMMERMAN n�,, � �<,� June22,2017 Davidson County NCDWR Project No.20170683 13rid�e 471 on SR 3416 WBS Project No. 17[3P9.R.62 APNROVAL nf d01 WATG;R QUAL17'Y CERTIFICATION �vith ADDITIONAL CONDITIONS Ms. Amy Euliss, Gnvironn�ental Officer NCDOT, Division 9 375 Silas Creek Parkway W inston Salem, NC 27127 Dear Ms. Euliss: You have our ap�roval, in accordance wi[h the conditions listed belo�v, for the following impacls for the pw'pose of replacing [3ridge 471 wiUi a double-barrel box culveit in West Branch Lick Q�eek in Davidson C�ounty: Strcam Int acts in thc Yrdkin Pcc Dec Rivcr 6,�sin Permanenl Temporary Tempornry Rill in Permanent Fill in �ill in �ill in Strcam Percnnial Sirenm Perennial Slrcam Intermitlent Intermit[ent �OCN� hnpacts Site (linear ft) (linear f�) Slre�m Stream Slream kequiring linearl't linear(t �O1V'�� Mitigatimi 13ank (Iinear ft) (linear ft) Dee�ater Culver[ Stabilizafion I 34 58 GR - - 160 - Totals 3d 58 68 - 160 - Potal Stream Impact for ProjecL• IGU lincar feet The project shall be constivcted in accordance with your application dated May 26, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certi(ication Number 4088. This certi6cation corresponds to N��ionwide Permit 14 issued by the Corps of Engiueers. In addition, you should acquire any olher federal, state or local permits before you proceed with yow� project including (but not limi[ed to) Scdiment and L;rosion Control, Non-Discharge and Waler Supply Wa[ershed regulations. 'I�his approval will expire with the accoinpanying a04 permil. This approval is valid solely Cor the purpose and design Aescribed in ynur application (unless inodified belo�v). Should yotu' project change, you must notiFy the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, anA is �hereby responsible for complying with all the conditions. If total wetland tills lor this projecl (now or in the fu�w�e) exceed one acre, or oftotal impacts to streams (now or in the future) exceed 300 linear feet. compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval lo remain valid, you musf adhere fo the conditions listed in ihe allached cerli�ication(s) and any �dditional conditions lisled below. SlFnc ol Nonii Carnlina I Girironmenwl Qunlitc 1617 Mail Suvicr Cenier I R;dtigh_ �nrtli Cnrollnn 27699-i617 �,..�k, �i x�r e"a'3.�t'-a�,.�Y� hv ,k 4:".r"' +-5'� � 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 Construction and Maintenance Activitiea [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 typicalty decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.OS06(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 strucmres should be properly designed, sized and installed. [I SA NCAC 02H.0506(b)(2)] 4. For the 34 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstraction 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 maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream baok stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [ I SA NCAC 02H.0506(b)(2)] 6. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification (Number 4088) will be waived per request of the permittee. However, measures shall be undertaken to prevent surface water contamination by equipment fuel, lubricants and oils if it is necessary to conduct equipmen[ maintenance within 50 Feet of surface wa[ers. [15A NCAC 02H.0506] 7. 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 cuberts 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 construction, please contact NCDWR for guidance on how to proceed and to determine whether or no[ a permit modification will be required. Design and placement of culverts and other structures including temporary erosion control measures shal] 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 writingbyNCDWR [ISANCACO2H.0506(b)(2)] General Conditions L [f concrete is used during construction, a dry work area shall be maintained [o 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. [ I SA 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 s[ream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored [o namral 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. �isn Ncnc o2H.oso6�e)(2p 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. [ISA 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 ro 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 ceRification. [15A NCAC 02H.0506(b)(3)] 10. Discharging hydroseed mixwres and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] ll. 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. [f 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. [ISA 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 Qualiry CeRification shall be maintained on the construction site at all times. In addition, the Wa[er Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the omsite project manager. [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 14. The outside buffer, wetland or wa[er 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 certificatioa [ ISA NCAC 02H.0501 and .0502] I5. The issuance of this certification does not exempt the Permittee from complying with any and alI s[atutes, rules, regulations, or ordinances that may be imposed liy 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 ofdiscovery. [ISANCAC 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 comple[ed. [ISA NCAC 02H.0502(�] 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 oFconstruction. [15A NCAC 02B.0506(3)] I9. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or wa[ers 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 reqoired since that is a direct impact from road construction activitiea [15A NCAC 02H.0506(b)(3) and (c)(3)] 20. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [ISA 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 Erosron Contro! Plannrng 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 Erosron 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. 21. 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 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 [his notice. A petition is considered filed when it is received in the office of Adminishative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of B:OOam and S:OOpm, except for officia] state holidays. The original and one Q) 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 Oftice 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 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 Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov. Sincerel� �^ S. Jay immerman, ir� Division of Water Resources Electronic copy only distribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy C-nvironmenia! Qua(i�}� NCDWR Project No.: ApplicanL• Projec[ Name: Dale of Issu�nce of 401 Water Qualify Cerlificafion: County: ROY COOPGR Goreimar MICHAEL S. REGAN .Sen�erm�r S. JAY ZIMMERMAN i�t��<<�,��,� Certiticate of Completion Upon completiun ol'all work approved �vithin the 401 Water Quality CerCification or applicable Buffer Rules, and any subsequent modilications, the applican[ is required lo retm�n Uiis certificate to die d01 Transporta�ion Permitting Unil, Noith Carolina Division of Watcr Resow�ces, 1617 Mail Service Ccnler, Raleiah, NC, 27G99-1617. This form may be returned to NCD W R by (he applicant, the applican['s authorized agenl, m� ihe project engineer. Il is not neeessary to scnd cer(ilica[es Goin all oCtliese. ,4pplicmN's Cerlircnlinu I, , hereby s[ate tha[, to d�e besl of my abilities, due care and diligence was used in the observation of Ihe construction such tha( Ihe conslruc[ion was observed tu be built within sul�stanlial complia�ce and intent of �he 401 Wa[er Quality Certiticetion and I3uffer Rules, tlie approved plans and specifications, and other suppor[ink �»�terials. Signature: Date: AgenYs Cerlificnlinu I, , hereby stale thal, to the bes� ofmy abililies, due care and diligence w�s used in lhc observation of the consh'uction such tha[ the consu�uciion was observed to be built within substanlial compliance and intenl of the 401 Water Quality Certification and BufTer Rules, the �pproved plans and specificalions, and othersupporting materials. S i;nahire: Date: F'ngiuee�'s Cc rtificrrliun Partial Final f, , as a duly registered Professional Gngineer in d�e S[a�e ofNorth Cs�rolinij, h�rving bcen authorized to observe (periodically, weekly, full time) �he construction of die project for lhe Permittee hereby st�te tl�at, to the best of my atiililie�, due care �nd diligence was used in Ihe observ;ation of thc construction such Ihat ihe construction �vas obse�ved �o be built within substantial compliance and intent of the 401 W�ter Quality Cerlifica�ion and Buffer Rtdes, thc appinv�d plans nnd specitications, and other supporting materials. Signature llate Re;istra[ion No. Slule afNutlh Cirolinn I Elnrimnmrntal Qunliq' 16U Mnd Sen�ict Crnlrr I It:ilcigh. Nonh C�rolinn 27l99-1GI7