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Home My WebLink About20171172 Ver 1_Approval Letter_20170928Environmenral Qualrty ROY COOPER (inrta'nnr' MICHAEL S. REGAN Srvrruri� S. JAY ZIMMERMAN u,��<-�,�„� September 28, 3017 Rowan County NCDWR Prqject No. 20171172 Bridge 186 on SR 2488 WBS Project No. 17BP.9. R.41 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amv Euliss, Environmen[al Of}lcer NCDOT, Division 9 +75 Silas Qeek Parkway Winston Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance wi[h the conditiuns listed below, for [he followin, impacts for the purpose of replacing Bridge l86 wi[h a new bridge over UT ro Dutch Buffalo Creek on Rimertown Road in Rowan County: Stream Im ac[s Temporary Fill in Perennial Stream Si�e linear ft Dewater 5[abilization I 10 - Totals 10 - in the Yadkin Pee Dee River B Permanent Fill in Pcrennial Stream Ilinear ftl Bank Stabilization Total Stream Impact for Projec[: 59 linear feet 'I'otal Stream Impact (linear ft) 59 Stream Impacts Requiring Mitiga[ion The project shall be consh'uc[ed in accordance with your application dated September 13, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4055. This certitication corresponds to Nationwide Pennit 3 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or bcal pennits befure you proceed with your project includine (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will ezpire with die accompanying 404 pennit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your projec[ diange, you mus[ notify the NCDW R and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If [o[aI wetland fills for this project (now or in Ihe future) exceed one acre, or of to[al impacts to streams (now or in the future) exceed 300 linear f'eet, compensatory mitigation may be required as described in liA NCAC 2H A�06 Qi) (6) and (7). For this approval [o remain valid, you must adhere to the conditions listed io the attached cenification(s) and any additional conditions listed below. State o( North Camlina I Enuimnmen[al Quality I fil7 Mail Service Cenler I Raleigh, North Carolina 2 7699-1 6 1 7 Condition(s) of Certification: Project Specitic 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 10 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. [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(li)(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. [ISA 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 conhol measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North CaroJina Sediment and Erosron Contro! Planning and Design Manual. b. The design, installation, operation, and maintenance of the sedimen[ and erosion control measures must be such that they equal, or exceed, the requiremenu specified in the most recent version of the North Carolina Sediment and Erosron Contro! Manual. The devices shall be maintained on all consWction 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 Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requiremenu of the Sedimentation Pollution Control Act. 22. Sediment and erosion conhol measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(bx3) 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 heazings. You must file the perition 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 accepu filings Monday through Friday behveen the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy ofthe 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 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 Department of Environmental Quality 1601 Mail Service Center T'his 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, /`°� �(� � S. Jay 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 Environrnenrnl Qualiry NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER c;,,�,-,,�t,� MICHAEL S. REGAN �<<,�<�� S. JAY ZIMMERMAN nrr,cu,r Certifica[e of Completion Upon completion of all work approved wi[hin Ihe 401 Water Quality Certifica[ion or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return [his certiticate to ihe 401 Transponation Permitting Unit, North Carolina Division of Water Resources. 1617 Mail Service Centec Raleiah, NC, 27699-1 6 1 7. This form may be retumed to NCDWR by the applicant, the applicant's authorized a�ent, or the p%ject engineec It is no[ necessary to send certificates from all of these. Applicmal'.s Certiftcatinn 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 Certitication and 6uffer RWes, the approved plans and specitications, and o[her supportin_ materials. Signa[ure: _ Date: AgeiiPs Cerdflcalio�i 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 6uilt within substantial compliance and intent ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and specitica[ions, and other supportin� materials. Sienature: Engineer's Certifiealion Partial Final I, , as a duly registered Professional Engineer in [he Stare of North Carolina, having been authorized [o observe (periodically, weekly, full time) the construc[ion o([he project for the Permittee hereby state that, to [he best of my abilities, due care and dilieence 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 specifications, and other supporting materials. Signamre Date Re�istration No. State of North Camlina I Emimnmenlal Quality 1617 Mail Strvire Center I Raltigh. North Czrol�na 27699-1617