HomeMy WebLinkAbout20170705 Ver 1_Approval Letter_20170628ROY COOPER
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MICHAEL S. REGAN
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Environmen�al S. JAY ZIMMERMAN
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Jone28,2017
Forsyth Coonty
NCD W R Project No. 20 U0705
Culvert 133 on SR 1986
WBS Project No. 17BP.9.C.2
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss, Emironmental Officer
NCDOT, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance with [he wnditions listed below, for the following impacts for the purpose of
replacing Culvert 133 with a single corrugated aluminum structural plate pipe arch with �otched bafFles and sills in
Ellison Creek on Dull Road in Forsy[h County:
Site
Stream Im acts in the Yadkin Pee Dee River Basin
Permanent Temporary
Temporary Fill in Permanent Fill in Fill in Fill in
Perennial Stream Perennial Stream Intermittent Intermittent
Qinear ft) (linear ft) Stream Stream
linear ft linear ft
Dewa[er Culvert Bank
Stabilization
48 5 45 -
4S 5 45
Total Stream Impact for Project: 98 linear feet
Total Stream
Stream �mpacts
Impac[ Requiring
Qinear ft) Mitigation
Qinear ft)
98
The projeet shall be constructed in accordance with your application dated June 5, 2017. After reviewing your
application, we have decided that these impacts are covered by General Water Qoality Certification Number 4085.
This certification corresponds [o a Non-Reporting Nationwide Permit 3 administered by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Wa[er Supply Wa[ershed regulations.
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 submi[ a new application. If the property is sold, the
new owner must be given a copy of [his Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total 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 I SA NCAC 2H .0506 (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 conditions listed below.
Slale of North Carolina I Envimnmen[al Qualii}
1677 Mail Service Cemerl Raleigh, North Carolina 27699-1617
Condition(s) of Certification:
Project Specific Conditions
1. The culvert shall be designed to mimic natural stream cross section as closely as possible including flood plain
elevations and/or sills and baffles where appropriate. Widening the stream channel should be avoided. Stream
channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment
deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
2. 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)] -
3. For the 48 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)]
4. 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)]
5. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification
(Number 4085) 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]
6. Unless otherwise approved in this certification, placement of culverts and other structures (aluminum arches) in
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 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. 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. [15A NCAC 02H.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 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]
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. [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.
[15A 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. [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
certification. [15A 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)]
11. 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. [15A 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. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A
NCAC 02H.0501 and .0502]
15. 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. �
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 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]
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 of construction. [15A NCAC 02B.0506(3)]
19. 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)]
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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the projec[ must be designed, installed, opera[ed, and
maintained in accordance with the most recent version of Ihe Nor�h Curolinu Sediment und Erosron Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of [he sedimen[ and erosion con[rol measures mus[ be
such that they equal, or exceed, the reqoirements specified in the most recent version of the Norlh Carolrna
Sediment and Erosion Contro( Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pi[s associated wi[h the
projec[.
c. For borrow pit si[es, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recen[ version of the North Carolrna Svrface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of [he Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall no[ be placed in wetlands or wa[ers 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 ob[ain the peti[ion form from Ihe office of Administrative hearings. You mus[ file the peti[ion
with [he offiee of Administra[ive Hearings within sixry (60) days of receip[ of this notice. A petition is wnsidered
filed when it is received in the office 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, excep[
for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Adminis[rative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administra[ive Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administra[ive 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:
Mc Bill Lane, General Counsel
Department of Emironmen[aI Quality
1601 Mail Service Cen[er
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.
ncerety, �
,;; / -��,�
S. J Zimmerman, D� �
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
Environmerual
Qualit}
NCDWR Project No.:
Applicant:
Project Name:
Date of Issoance of 401 Water Quality Certification:
County:
ROY COOPER
c;ocrrnor
MICHAEL S. REGAN
.leare��o�r
S. JAY ZIMMERMAN
i����r���or
Certifcate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applieable Buffer Roles, and
any subsequent modifica[ions, [he applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, [he applicanYs authorized agen[, or [he projec[ engineer. It is not
necessary to send certificates from all of these.
Applican/'s Certiftca/ion
1, , hereby state [hat, 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 Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and other supporting materiais.
Signa[ure: _ _ _ Date: ___
Agenl's Certification
I, , hereby sta[e that, to the bes[ of my abilities, doe care and diligence
was used in the observation of the construction such [ha[ the construc[ion was observed ro be built within substan[ial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certiftculin�e
Partial Final
1, , as a duly registered Professional Engineer in the S[ate of North
Carolina, having been authorized to observe (periodically, weekly, full [ime) the construction of the projeet for the
Permittee hereby sta[e [ha[, to the best of my abilities, due care and dili�ence was used in the observation of the
wnstruction such tha[ the construc[ion was observed to be buil[ within substan[ial compliance and inten[ of the 401
Wa[er Quality Certification and Buffer Rules, the approved plans and specifica[ions, and o[her supporting materials.
Signature
Date
Registra[ion No.
Sfalc ofNorth Camlina I Envfronmental Qualip�
1617 Mail Service Cenrer I KalefghSonh Camlina 27699-I GI7