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HomeMy WebLinkAbout20170684 Ver 1_Approval Letter_20170622ROY COOPER Gnna i,or MICHAEL S. REGAN Al�n�ernq� Envi�onmenta! S. JAY ZIMMERMAN U;rtt-ior QLIQ�ICy JUI1C �2, Z� � % Davidson County NCD W R Projcct No. 20170684 Dridgc 86 on SR I Ii8 WI3S Project No. 176P.9.R.62 APPROVAL of 401 WAT�R QUALITY CFRTIFICA"PION with ADDI"fIONAL CONDITIONS Ms. Amy Euliss, Environinent�l Ofticer NCDOT, Division 9 375 Silas Creek Parkway Wins[on Salem, NC 27127 Dear Ms. �uliss: You have ow approval, in accordnnce with the condi�ions listed below, for the following impacls f'or lhe purpose of replacing Bridge 86 with a double-barrel bos culvert in a UT to South Potts Creeh in Davidson County: Site Sh'eam Im acts in the Yadkin Pee Dee River 6asin Permanent "I'emporary '1'emporary �ill in Permanent fill in �ill in �ill in Perenni:jl Stream Perennial Stream Intcrmitten� Intermittenf (linenr fQ (linear ft) Shram Stream lincar ft linear Pt Dewater Culvcrt �nnk Stabilizafion GS 64 74 - - 6.5 64 74 To[al Stream hnpac[ fm� Projecf: 203 linear feet Tolal Stream Strenm �mpacis Impaet Requiring Qinenr ft) ��itigation (linear ft) 203 l�hz projec[ shall be constructed in accordance widi your application dated May 26, 2017. After reviewina yow' applicatiou, we have decided that Ihese impac[s are covered by General Water Quality Certitication Number 4088. This certifica[ion corresponds lo Na[ionwide Penni[ 14 issued by the Corps of Cngineers. In addition, you should acquire any other federal, slate or 1uc21 permils before you proceed wilh your project including (but not limi[ed to) Sedimen[ and Lrosion Control, Non-Dischaige and Water Supply Watershed regulations. "l�his approval will expirc with tlie accompanying 404 penni[. This approval is valid solcly for tl�e pm�posc znd design described in your applica[ion (wiless moditied belo�v). Shuuld yow� project change, you must natify die NCDWR and submit a new applicaCion. If the property is sold, the new o�vner must be given a copy ot'this Ccrtification and approval lelter, nnd is thereby responsible for complying with all tlie condi(ions'. If to[al wetland �ills for �his project (now or in (he lu[ure) exceed one acre, or of total impac[s to streams (now or in the future) exceed 300 linear teeL, eompensalory miti�alion may be required as described in I iA NCAC 2H .0506 (h) (6) amd (7). For this approval to remain valid, you mus[ adhcre to the conditions listed in Oie attached cerlitication(s) aitd any Tdditional condi[ions lis�ed below. Stale ot Nonh Cnrolina I Gnvironmenml Quolin� 1617 Mall Srrvice Cenlrr I Ralclgh. Nortli Cnrnlin2 27699-1617 Condition(s) of Certification: Project Specific Conditions l. 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 Construc[ion and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5)] 2. The culvert shall be designed to mimic namral stream cross section as closely as possible including barrels at flood plain elevation and/or sills where appropriate. Widening [he stream channel should be avoided. Stream channel widening at the inlet or ootlet end of structures rypically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(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 structures should be property designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 4. For the 65 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 5. The stream channel shall be excavated no deeper [han 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. [ISA NCAC 02H.0506(b)(2)] 6. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Qualiry 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 equipment maintenance within 50 feet of surface waters. [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 culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. If this condition is unable ro 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. 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 writingbyNCDWR [ISANCACO2H.0506(b)(2)] General Conditions 1. 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 inadvertentty contacts unwred concrete shall not be discharged to sarface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ISA 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 stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ISA 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. [I SA NCAC 02H.0506(b)(2)] 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. [15A 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 to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ I SA 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, lubrican[s, 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 certification. [ISA NCAC 02H.0506(b)(3)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 1 I. 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] 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 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. [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 14. 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. [mpacts to areas within the fencing are prohibited unless otherwise aothorized by this certification. [ I SA NCAC 02H.0501 and .0502] I5. 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 govemment 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 of discovery. [15A NCAC 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 [he 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] 18. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by [he end of the growing season following completion of construction. [15A NCAC 02B.0506(3)] 19. There shall be no excavation from, or waste disposal into, jurisdictional weNands 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 tha[ is a direct impact from road constraction activities� [15A NCAC 02H.0506(b)(3) and (c)(3)] 20. 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 [ I SA 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 Contro! 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 Mrning 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 Adminishative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the oftice of Administrative Hearings during normal office hours. The Office 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 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 Oftice of Administrative Hearings within five (S) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Oftice of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-300Q 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. Sincerely, �J��— �c S. y Zimmerman, Director� 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 I i '..4� Hf fnviro�unen�nl Quality NCllWR Projec[ No.: Applicant: Projcct Name: _ Date of Issuance of 401 Water Quality Certification: County: ROY COOPER Gorernur MICHAEL S. REGAN .cr<o�eau;i� S. JAY ZIMMERMAN n;,�F�������� Ccrtifica[e of Completion Upon completion of all work approved within tlie 401 Watcr Quality Gertitication or applicable 6uCfer Rules, and flny subsequent modilications, the applicant is required to retwn tliis certificat� to 1'he d01 "Il��nsportation Permitting Uni[, North Carolina Division of Water Resow�ces, IG17 Mail Scrvice Center, Raleigh, NC, 27(99-161Z This form mny be relurned to NCDWR by ihe applicant, the applicanYs authorized agent, m� [he project en�ineer. I[ is not necessaiy to send certificates fi�om all of these. iipplicnnt's Cerlifrcnlrnn I, , hcreby s�ate [hat, to the bes[ of my abilities, due care and dili�ence was used in the observation of the construction such tha[ the construction was observed to be built witl�in substantial compliance nnd intent of lhc 401 Watcr Quality Certification and I3uffer Rules, thc approved pl�ms and specife�tions, and other supporting m�teri�is. Signature: Date: Agenf'.s CeniJicn�ion I, , hereby state th�t, to [he bestofmy abilities, due care and dili�ence was used in the observation of lhe construc�ion such thnt the construction was observed �o bc buill widiin substantial compliance and intent of the 401 Walcr Qu�lity Certification and [luffer Rules, the approved plans and specific�iions, �nd other supporling materials. Signature: Date: L7igri�eer's Cer/iJicrtlrnn Parti�l 1=inal 1, , as a duly regislered Professional En�ineer in the State of North Carolina, having been authorizcd to observe (periodically, weekly, full time) ihe construction of the pr�ject for the Permi[tec hcrc6y s�ate ihat, to (he besl of my abilities, due c2re and �iligencc was used in the observation of the construction such that the consvuction was observed [o be built �vithin siibstantial compliance and intent of lhe 401 Water Quality Certifcation and Buffer Rules, the approved plens and s��ecitieations, and other supporting ma[erials. Signa[ure Datc Registration No. SI&ItofNrn'Ih Camlinz I Envuonmenlnl Qunlii�� 1617 Mail Stn'icc CciLcr I Rnleigh. �onh Cerolina 27G99-1617