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Home My WebLink About20171164 Ver 1_Approval Letter_20170928�� ROY COOPER <;�» ��•„�o,� MICHAEL S. REGAN �;�,�rr�m�r Environmenta! S. lAY LIMMERMAN [>��.-� io,� QUQI(ty Seprember28,2017 Rowan County NCDWR Project No. 20171164 Bridge 6 on SR 1759 WBS Project No. 33803.1.2 APPROV'AL o(40I WATER QU.4LITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amy Euliss, Environmental Officer NCDOT, Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 Dear Ms. Euliss: You have our approvaL in accordance with the conditions lisced below, for the following impacts for the purpose of replacino Bridge 6 with a new brid_e over Back Creek on Belk Road in Rowan County: Stream Imoacts in the Yadkin Pee Dee River Basin Temporary Fill in Permanent Fill in Perennial Perennial Stream Stream Site (linear ft linear ft Dewater Stabilization Bank S[a6ilization I 5 - IIR 5 5 11$ To[al Stream Impac[ for ProjecL• 123 linear fee[ Total Strenm 1 m pnct Qinear ft) I?3 Streem I m pacts Requiring Mitigation The project shall be constructed in accordance with your application dated Seprember 8, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Cenification Number 408>. This certitication cortesponds to Nationwide Permit 3 issued by the Corps of En�ineers. In addition, you should acquirz any other federal, s�ate or local perinits bcforc you procecd with your project including (but not limi[ed [o) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed reeulations. This approval will expire with the accompanyine 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change. you mus[ no[ify the NCDWR and submit a new applica[ion. II'the property is sold, the new owner must be eiven a copy ofthis Certification and approval letter, and is thereby responsible for complyin� wi[h all [he conditions. If to[al �vedand tills for this projec[ (now or in [he fuwre) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory miti�ation may be required as described in ISA NCAC 2H .0506 (h) (6) and (7). Por this approval to remain valid, you must adhere ro fhe conditions Iisted in the attached certification(s) and any additional eonditions listed below. Conditinn(s) of Certification: Stam ol Nonh Carolina I Em�iromnemal Qualin� 1617 Mail Sernce Cenrer I Raleigh. Nonh Camlina 276�-16I7 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 Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2)] 3. NCDOT shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas draining to Water Supply II (WS) and High Quality Waters (HQW) including all pertinent conditions listed in NCDOT's NPDES Permit NCS000250, including applicable requirements of NCGO10000. 4. Bridge deck drains shall not discharge directly into the stream. [15A NCAC 02H .0506(b)(2)] 5. For the five linear feet of stream 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 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] 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 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. [I SA 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 fll 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 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] 16. 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. 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 02H.0502( 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.0506(3)] 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 from 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 North Carolina Sediment and Erosion Control 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 Erosron Contro! Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractorvowned or leased borrow pits associated with the project. a 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 Carolrna Surface Mining Manual. d. T'he reclamation measures and implementation must comply with the reclamation in accordance with the requiremenu of the Sedimentation Pollution Control Act. 22. Sediment and erosion wntrol measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [15A NCAC 02H.0506(bx3) 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 heazings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered 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, 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 dceument 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. Sam M. Hayes, General Counsel Departrnent 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, �� %�G,� �, S. Jay Zimmertnan, Direcror 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 � � Environ mcn tu 1 Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality CertiPcation: County: ROY COOPER Go��rrnor MICHAEL S. REGAN s�•��,�r��r S. lAY ZIMMERMAN �r„��•�mr Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subseq�ent moditica[ions, [he applicant is required to retum this certificate m the 401 Transportation Permitting Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be re[urned to NCDWR by [he applicant, the applicant's authorized agen[, or the projec[ engineer. I[ is not necessary [o send certifica[es tiom all of these. Applicaut's Cerlifrcalinn 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 within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specitications, and other supportine ma[erials. Signature: Date: AgenPs Cer�ifrcatioi� 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 within substantial compliance and intent ofthe 401 Wa[er Quality Certihca[ion and Buffer Rules, the approved plans and specitications, and other supportin�.; marerials. Signature Date: EnRiireer's Cer(ifrca7iai Partial Final I, , as a duly regis[ered Professional Engineer in [he State of North Carolina, having been authorized to observe (periodically, weekly, full time) [he construc[ion of the projec[ for [he Perniittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of [he construction such [hat [he cons[ruc[ion was observed [o be buil[ within subs[antial compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre Date Re�istration No. Statc ofNonh Carolina I Environmental Quality 1617 Mail Sen�ice Center I kaleigh, North Carolina 27699-1617