HomeMy WebLinkAbout20170848 Ver 1_Approval Letter_20170803�
�
Environmenral
Quality
ROY COOPER
Goorn,or
MICHAEL S. REGAN
�P['Pe'�tl19�
S. JAY ZIMMERMAN
v;���,<c���
August 3, 2017
W ilkes County
NCDWR Project No. 20170848
Bridges 403 and 700 on SR 1302
State Project No. 17BP.11. R.I20
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL COIVDITIONS
Mr. Hea[h Slaughter
NCDOT, Division 1 I Environmental Officer
S01 Statesville Road
North Wilkesboro,NC28659
Dear Mr. Slau�hter:
You have our approval, in accordance with the conditions listed beiow, for the followine impacts for the purpose of
replacing Bridges 403 and 700 over Lirile Creek with double barreled box culverts in W ilkes County:
Site
3*
Stream Im acts in the Yadkin PeeDee River Basin
Temporary Fill in Permanen[ Fill in
Perennial Stream Perennial Stream
(linear ft) (linear fQ Total Stream impact
Qinear [t)
Dewatering Culvert Bank
S[abilization
iVotes: •Re(omtiom oJ UT
45
38
191
IS
73
88
176
48
396
Total Stream Impact for Project: 396 linear feet.
Stream Impacts
Requiring
Mitigation
(Iinear ft)
The project shall be constructed in accordance with your application dated received July 10, 2017. Afier reviewing your
application, we have decided Ihat these impacts are covered by General Water Quality Certification Number 4088. This
certification corresponds to the Regional General Permit 31 issued by the Corps of Engineers. In addition, you should
acquire any other fcderal, state or local pemiits before you proceed with your project indudin� (but not limited to)
Sediment and Crosion Control, Non-Dischlrge and Water Supply Watershed re;ulations. This approval will expire wi[h
the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless moditied below). Should
your project change, you must notify the NCDW R and submit a new application. If the propeny is sold, the new owner
must be given a copy of this Certification and approval Ietter, and is thereby msponsible for complying with aIl the
conditions. Iftotal wetland tills for this project (now or in the future) exceed onz acre, or oftotal impacts to streams (now
or in the future) exceed 300 linear feet, compensatory miti�ation may be required as described in ISA NCAC 2H A506
(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.
Condition(s) of Certification:
Project Specific Conditions
� Nothing Com�ares .- ,
Statc of Nonh Carolina I Envimnmental Qualiry
1617 Mail Servitt Center � Ral�igh. North Camlina 27699-1617
1. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable then the requirements of any moratorium(s) shall be a condition of this 401 Certification. If
the NCDOT does not wish to honor the moratorium, then a written modification shall be submitted.
2. 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 Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. Culvert placement shall mimic the natural stream cross section as closely as possible. 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)]
4. 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)]
5. For the 29 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)] .
6. 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)]
7. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certiiication. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas draining to
Trout waters. NCDOT shall be in compliance with NCS000250 issued to the NCDOT, including the applicable
requirements of General Permit NCGO 10000 for Construction Activities.
9. 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(�]
General Conditions
1. 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 m 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)(2)]
2. If concrete is used during construction, a dry wark 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. [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 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 corridar 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 ardinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limifed 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
discQvery. [15A NCAC 02B.0506(b)(2)�
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 02H.506(b)(3)]
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modiiication. 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 ro 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 Carolrna 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 Erosion Contro/ Manual. The devices shall be maintained on all construction sites, borrow sites, and waste
pile (spoil) projects, including contracror-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 Mrnrng Manual.
d. The reclamation measures and implementation must comply with the reclamation in acwrdance with the
requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in weNands or waters unless otherlvise approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (cx3)]
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 sixry (60) days of receipt of this notice. A petition is considered filed when it is received
in the office of Administrative Heazings during normal otiice hours. T'he Office of Administrative Hearings accepts
filings Monday Uvough 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 fa�ced 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. Sam M.Hayes, General Counsel
Depaztment of Emironmental 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.
Sincer� , .
i
/) _ S. Jay Zimmertnan, Director
U� Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Asheville Field Office
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Environmen tal
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Wa[er Quali[y Cer[ification:
County:
ROY COOPER
o�,��.-,���,,,�
MICHAEL S. REGAN
sri ��v�<,n-
S. JAY ZIMMERMAN
Dir�rrtnr
Cerfificate of Completion
Upon completion of'all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, Nonh Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessarv to send certificates from all of these.
ApplicawPs Cerlifrcr�liorr
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 wi[hin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
AgenPs Certifrc�tioir
I, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observa[ion ofthe cons[ruction such [hat the cons[ruction was observed [o be built within substantial
compliance and inten[ of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and
specifica[ions, and other supporting ma[erials.
Signature:
E�agirteer',s Certifiealion
Partial Final
I, , as a duly re�istered Professional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full [ime) Ihe construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and dili�ence 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 Bufter Rules, [he approved plans and specifications, and other supporting materials.
Si�nature
Date
Registration No.
'"'Nothing Compares =- �
$tate oC North Carnlina � Environmental Quality
1617 Mail Service Canter I Raleigh. Nonh Camlina 2 7699-1 6 1 7