HomeMy WebLinkAbout20171283 Ver 1_Approval Letter_20171020ROY COOPER
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MICHAEL S. REGAN
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Environmentu( S. JAY ZIMMERMAN
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QUQ�(!y
October 20, 2017
Transylvania County
NCDWR Project No.2017-1283
Bridge 12 on SR1�38
TIP Project No. B-482i
APPROVAL of 401 WATF_R QUAWTY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, P.E..
NCDOT. Environmental Analysis Unit
1598 Mail Service Center
Raleigh, North Carolina 27699-I598
Dear Mr. Harzis:
You have our approval, in accordance with [he conditions listed below, for [he following impacts for the purpose of
bridge replacement in Transylvania County.
Stream Impac[s in the French Broad River Basin
Permanent H'ill Temporery fill
in Perennial in Perennial Total Stream
Site Stream S[ream �mpact
linear ft linear ft (��near ft)
I 4? 4'_
� 65 6�
� sx >x
TOTAL 107 58 165
To[al Stream Impact for Projec[: 16g linear feet.
The project shall be constructed in accordance with your application datzd August 10, 2017. ARer reviewing your
application, we have decided [hat these impacts are covered by General Water Quality Certification Numbers 7087,
4093, and 4094. This certification correspond to the Nationwide Permi[s 13, 23, and 33 issued by [he 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 Con[rol_ Non-Discharge and Wa[er Supply Watershed reeulations.
This approval will expire with [he accompanyin� 404 permit.
This approval is valid solely tor the purpose and desi�n des-cribed in your application (unless modified below). Should
your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new
owner must be given a copy of [his Certifica[ion and approval letter, and is thereby responsible (or complying with all
the conditions. If total wetland fills for this project (now or in the future) eaceed one acre, or of totaf impacts to
streams (now or in [he future) esceed Ii0 Iinear feet, compensatory mitiga[ion may be required as described in ISA
NCAC 2H .0506 (h) (6) and (7). For this approval ro remain valid, you must adhere ro the conditions Iisted in the
attached certitication(s) and any additional conditions listed below.
Slate of Nonh Camlina I Fnvvonmental Quality
1617 Mail Servicz Centtr I Ralrigh. North Carolina'_7699-1617
Condition(s) of Certification:
Project Specific Conditions
1. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work
is permitted between October 15 and April 15 of any year, without prior approval from the NC Division of
Water Resources and the NC Wildlife Resources Commission. '
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. [1'SA 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 fmal 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 anyrequirements resulting from compliance with §303(d) ofthe 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 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 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 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.0231(a)(6)]
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 Erosion Control Manual. The devices shall be maintained on all
construction 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 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 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 obtain the petition form 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 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 o�cial 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 faxed 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
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resburces under Section 401 of the Clean Water Act. If you
have any questions, please contact Kevin Barnett at (828) 296-4657 or kevin.barnett@ncdenr.gov.
Sincerely,
i
(e . I�'I�i.....=�f �'� �- .
3. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
David McHenry, Division 14 Environmental Officer
Colin Mellor, NC Department of Transportation
Erin Cheely, NC Department of Transportation
Marla Chambers, NC Wildlife Resources Commission
File Copy
Environmentul
Quafrty
NCDWR Project No.:
Applicant:
Project Name:
Da[e of Issuance of 40I Wa[er Qualiry Certification:
County:
ROY COOPER
rlorrmru�
MICHAEL S. REGAN
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S.1AY ZIMMERMAN
n����•� ��,��
Certificale of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequznt moditications, the applicant is required ro retwn this certificate to the 401 Transportation Pennitting
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, the applicant's authorized agent, or the project engineer. It is not
necessary to send certiticates from all ofthese.
App(icmtt's Cerlifrtntinn
I, , hereby state that, to [he best of my abili[ies, due care and diligence
was used in [he observation of the construc[ion such [hat [he construction was observed [o 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.
Si�nature: Date:
AgenPs Cerlificafion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observation of the construction such [hat ihe construction was observed [o be built within subs[antial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, [he approved plans and
specifications, and other supportine materials.
Signature:
Engineer's Cerlifieation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Perniittee hereby s[ate that, to thc best of my abilities, due care and diligence was used in [he observation of the
construction such that the construction was observed to be built wid�in substantial compliance and intent of [he 401
Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Sienature
Date
Registration No.
Stete oI North Carolina I Emimnmental Quality
1617 Mail Strvice Cenlzr I Ralei�. Nonh Carolina 27699-1617