HomeMy WebLinkAbout20171086 Ver 1_Approval Letter_20170921ROY COOPER
ra„-c,,,�„
MICHAEL S. REGAN
Sro�rr�n�r
Environmental S. JAY ZIMMERMAN
Dirermr
QUAIlCy
September 21, 2017
Watauga County
NCDWR Project No. 20171086
SR 13i3 Hardin Road
Project No. 1 I C.095 I 22
APPROVAL of d01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Hea[h Slaughter, Environmen[al OHicer
NCDOT. Division I I
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the conditions listed below, for the following impacts to grade, drain,
base and pave SR 135� (Hardin Road) in Watauea County:
Site
�+p0
qZ+zO
q9+95
Totals
Slream Im aMs in the New River Basin
Tempurary Fill in Permanen[ Fill in Stream Impacts
Perennial Stream Perennial Stream
(linear k) (linear f[) Total Stream Impact Requiring
Bank (��near Pt) Mitigation
Dewatering Culvert �, ti,,;^ ,; _ (linear ft)
3i
105
10
10 45 -
IO 55
10 45
30 145 -
Total Stream Impac[s for Project 145 linear feet
The project shall be constructed in aceordance with your application dated received August 30, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4088. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Enginzers. In
addition, you should acquire any other federal, state or local pem�its before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your projec[ change, you must notify [he NCDWR and submi[ a new applica[ion. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complyine
with all the conditions. If total wedand fills for this project (now or in the future) exceed one acre, or of total
impac[s to streams (now or in the future) exceed 300 linear feet, compensatory mi[igation 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 certitication(s) and any additional conditions listed below.
- ""'Nothi�g Compares"- �
Statc of Nonh Carolina I Environmzntal QuaBty
1617 Mail S�rvice Centzr I Raleigh. North Carolina 27699-161)
Condition(s) of Certification:
Project Specific Conditions
1. Due to excessive slope and potential for head cuts, NCDWQ will not require the burial of the culverts in
the streambed on this project. However, measures should be taken to ensure that outlet scour of stream
banks and channel substrates are minimized. [15A NCAC 02H.0506(b)(2)]
2. For the 105 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)]
3. 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)]
4. 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]
5. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas
draining to High Quality Waters (HQW). NCDOT shall be in compliance with NCS000250 issued to the
NCDOT, including the applicable requirements of NCGO10000.
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)(2)]
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]
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 ofYip-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 iri 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 ofthis 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
(�)(2)l
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 or,dinances 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. 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)]
18. 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
o2x.oso2( fl�
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.506(b)(2)]
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
fr.�m 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 Narth Carolrna Sediment and Erosion
Condol Planning and Design Manua[.
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 t4e most recent version of the North
Carolina Sediment and Erosion Conbol Marrual. T'he devices shall be maintained on all consiruction
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 Minrng
Mnnual.
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 Certificatioa [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 fortn 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 wnsidered
filed when it is received in the office of Administrative Hearings during nortnal 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. T'he 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 dowment 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 Administrative Heazings
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:
Mc Sam M.Hayes, General Counsel
Departrnent of Environtnental Quality
t601 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 wntact Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov.
Sincerely,
(�'�r-� ��,
S. J Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
�
�
Environmen(al
Qualrty
NCDWR Project No.:
Applican[:
Project Name:
Date of Issuance of 401 Wa[er Qualit}' Certification:
County:
ROY COOPER
r;�„��������„�
MICHAEL S. REGAN
ti,.,, ����,
S. JAY ZIMMERMAN
in,�r� ��„�
Certificate of Completion
Upon completion of all work approved within the 401 Water Qualiry Certitication or applicable Buffer Rules, and
any subsequent moditications.. Ihe applicant is required to retum [his cenificate to [he 401 Transportation Permi[ting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, 27699-161 Z This fortn
may be retumed to NCD W R by Ihe applicant, the applican['s authorized agent, or [he project engineer. I[ is not
necessary to send certificates from aIl of [hese.
App(ica��1'.s CerliJicalinn
I, , hereby sta[e that to [he best of my abili[ies, due care and diligence
was used in the observation of the construction such that [he construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and �ther supponing materials.
Signature: Da[e:
Agent's Cerlificu�inw
1, , hereby state dial, 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 Cenification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Sianature:
Engineer's Certificnfinn
Partial Final
�, , as a duly registered Professional Eneincer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for [he
Permittee hereby state that, ro the best of my abilities, due care and diligence was used in [he observation of the
construction such that the construction was observed ro b� built within subs[antial wmpliance and in[ent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
-�'Nothing Compares -- �
State u( North Carolina I Environmental Qualiry
1617 Mail Szrvice Ccnter I Rale�gh, Nonh Carolina 27699-16U