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Home My WebLink About20171338 Ver 1_Approval Letter_20171106ROY COOPER G,n�entor MICHAEL S. REGAN Srrr�vun £nvironmental LINDA CULPEPPER /nierim Uirecmi' QUQlity November 6, 2017 Forsyth County NCDWR Project No. 20171338 Bridge 95 on SR I 100 Lasatar Rd. WBS Project No. 17BP.9. R.99 TIP No. B-51 �2 APPROVAL of �01 WATER QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris III, P.E., C.P.M. Na[ural Environmen[ Section Head NC Department of Transportation 1598 MSC Raleigh, NC 27699 Dear Mr. Harris: You have our approval, in accordance with [he conditions lis[ed below, for the following impac[s for the purpose of abandoning Bridge 95 over Blanket Creek, constructing a new bridge downstream ofthe existing one and other impacts as described in your application. The project shall be wnstructed in accordance with your application dated October 20, 2017. Temporary Fill in Perennial Stream Site linear ft Access/Sta bilizntion/Dewa[ering 2 II 3 186 3 Sewer � >> Totals 227 Site Yadkin Pee Dee River Basin Permanent Fill in Perennial Stream linear k Bunk Culvert Stabilization 26 88 46 - 911 Total Stream Impact Sor Project: 477 linear feet Wetland Fill (acres) in the Yadkin Pee Dee E%ceve[ion (acres) �.�8 � �.�2 Total Wetland Impact for Projec[: 0.10 acres Stream Total Stream Impacts Impact Requiring (linear ft) Mitigation a�� Total Wetland Impact (acres) � 0 e e WeNund Impacts Requiring M itigation Y e � After reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification Numbers 4087. 4093 and 4094. These certifications cortespond to Nationwide Permits 13, 23 and 33 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (bu[ no[ limited to) Sediment and Erosion Control, Non-Discharge and State o(Norch Carolina I EnvironmenUl Qualiry 1617 Mail Sarnce Cemer � Raleigh, Nonh Carolina 27699-I617 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 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 this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (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 1. The post-construction removal of any temporary bridge structures must return the project site to its preconsh-uction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2)] 2. Bridge deck drains shall not discharge directly into the stream. [15A NCAC 02H .0506(b)(2)] 3. For the segments of stream 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)] 4. The 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certifications 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] 5. 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)] General Conditions 1. 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] 2. 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)] 3. 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)] 4. 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)] 5. 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)] 6. 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)] 7. 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)] 8. 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)] 9. 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)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 11. 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] 12. 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)] 13. 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)] 14. 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] 15. 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. 16. 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)] 17. 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] 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 02B.0506(3)] 19. 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)] � 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 to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment control measures for [he project must be designed, installed. operated, and maintained in acmrdance with [he most recent version of the North Cui•nlino Sedimen� rind Erosion Control PlunninR and Design hlununl. b. The desien, 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 Sedimem and Err�sinn Control Munuul. The devices shall be maintained on all cons[ruction sites, borrow si[es, and wasre pile (spoil) projects, induding contracror-owned or leased bortow pits associated with the project. c. For borrow pit sites, [he erosion and sedimen[ control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the Nor�h Carolinu SiaJace Mining tilun:�al. d. The reclama[ion measures and implementation must comply with the reclama[ion in acwrdance with [he requirements of the Sedimen[ation Pollution Control Ac[. 21. Sediment and erosion control measures shall not be placed in wedands or waters unless otherwise approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)] If you wish [o contest any statement in the attached Certification you must file a peti[ion for an administrative hearing. You may ob[ain the petition form from the office of Adminis'trative hearings. You must file [he petition with the o�ce of Administrative Hearings within sisty (60) days of receipt of this notice. A petition is considered filed when it is received in the oflice of Administrative Hearines durin�, normal office hours. The Office of Administra[ive Hearings accepts filings Monday [hrou�h Friday between [he hours of 8:OOam and S:OOpm, except for o�cial state holidays. The ori�inal and one ( I) copy of [he peti[ion must be tiled with the Oflice of Adminis[rative Hearines. i'he petition may be faxed-provided the orieinal and one copy of the document is received by the Office of Administra[ive Hearings within tive (5) business days following [he faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Ralei�h. 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. Bill F. Lane, General Counsel Department of Environmental Quality I601 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.�ov. �m erely, / ,� ��,�� J.�nd�lpepper, Dvec[or Division of Wa[er Resources Electronic copy only distribotion: James Lastineer, US Army Corps of En�ineers. Raleigh Field Oflice Bill Barret, NC Department of Transportation Amy Euliss. NC Department of Transportation, Division 9 Marella Buncick. US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy � � En vrraim en ta I Quality NCDWR Projec[ No.: Applicant Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER a�,��. ��,�� MICHAEL S. REGAN �e�re��u�� LINDA CULPEPPER Guerim Uvecmr Certificate of Completion Upon completion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Wa[er 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 engineec It is not necessary to send certiticates from all of these. .qpplicanl's Certificalion I, , hereby state that, to the best of my abilities, due care and dilioence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of [he 40 � Warer Quality Cenification and Buffer Rules, die approved plans and specifications, and other supporting materials. Signa[ure: Da[e: Agen!'s Ce�tificalion I, , hereby s[ate [ha[, ro Ihe 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 Qualiry Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature: Engineer's Ceitlficalion Partial Final �, , as a duly regisrered Professional Engineer in the State of North Carolina, having been au[horized to observe (periodically, weekly, full time) [he construction of [he project for the Permittee hereby state tha[, to the best of my abilities, due care and dili�ence was used in [he observation of the construction such that the construc[ion was observed to be buill within substan[ial compliance and intent ofthe 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Re�istration No. Slatz ol North Carolina I Em-ironmental Qualip� 1617 Mail Service Center I Raleigh. Nonh Carolina 27699-1617