HomeMy WebLinkAbout20171374 Ver 1_Approval Letter_20171121Environmerdal
QUQ�IrY
ROY COOPER
Goccrnor
MICHAELS.REGAN
sr, rrnn r
LINDA CULPEPPER
Gunrinr Uii'rc(or
November 21, 2017
Stokes County
Culvert 107 on SR 1696
Project: 17BP.9.C.9
NCDWR Project No. 20171374
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Amy Euliss, Environmen[al Officer
NCDOT Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in accordance wi[h the conditions listed below, for the following impacts related to
replacing existing culvert pipes with a new culvert as described in your application material dated October 30, 2017
and subsequent elechonic information received on November 7, 2017.
Stream Im acts in [he Roanoke River Basin
Permanent Fill in Perennial Temporary Fill
Stream Qinear ft) in Perennial Total Stream S�ream Impacts
Site Stream Impact Requiring Mitigation
Culvert Bank S[abili�ation ���near f[) (linear fl) (linear ft)
(Dewatering)
I 22 23 43 88 -
Total 45 A3 88 -
i otai stream impacts: aa �mear iee�
The projec[ shall be constructed in accordance with your application dated October 30, 2017 and subsequent
information submitted on November 7, 2017. After reviewin� your application, we have decided that these impacts
are covered by Gen�ral Water Quality Certitication Number 4085. This cenification corresponds to the Nationwide
Penni[ 3 issued by [he Corps of Engineers. In addi[ion, you should acquire any o[her federal, s[ate or local permi[s
before you proceed with your project including (but not limired to) Sediment and Erosion Control, Non-Discharge
and Wa[er Supply Warershed regulations. This approval will expire with [he accompanying 404 permi[.
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. Ifthe 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 ro streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0505 (h) (6) and (7). For this approval to remain valid, you must adhere to the
condi[ions listed in the attached certification(s) and any additional conditions listed below.
Statz of North Carolina I F.nvironmzntal Qualiry
1617 Mail Service Cemer � Raleigh. North Carolina 2 7699-161 7
Project Specific Conditions
1. The culvert shall be designed to mimic natural stream cross section as closely as possible. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velociTy causing sediment deposition that requires increased maintenance and disrupts aquatic
life passage. [15A NCAC 02H.0506(b)(2)]
2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[15A NCAC 02H.0506(b)(2)]
3. For the 43 linear feet of streams being impacted due to site dewatering/flow diversion activities, the site shall
be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
4. 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)]
5. Culverts and other structures placed in 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)]
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]
Condition(s) of Certification: '
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
confamination 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 tlie 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/flagging prior to any land disturbing
activities. Impacts to areas within the marked areas 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 02H.0506(b)(2)]
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 wntrol measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolrna Sediment and Erosron Conao/
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 requ'vements specified in the most recent version of the North Carolina
Sediment and Erosron Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including conaactor-owned or leased borzow piu 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 Carolixa Surface Minrng Manual.
d. The reclamation measures and implemen[ation must comply with the reclamation in accordance with the
requ'vemenu of the Sed'vnentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certificazion. [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 hearings. You must file the petitian
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 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. The original and one (1) copy ofthe petition must be filed with the Office of
Administrative Heazings.
The petiHon 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 Vansmission.
The mailing address for the Office of Administrative Heazings 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:
Mr. Bill F. Lane, Geneml Counsel
Department 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.
�re�y,
� 1����
Linda Culpepper, lnterim Director
Division of Water Resources
Electronic copy only distribution:
James I.astinger, US Army Corps of Engineers, Releigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
Environmental
QUQ�(t}�
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certifica[ion:
County:
ROY COOPER
Gore�voor
MICHAEL S. REGAN
.S2�.rctarl
LINDA CULPEPPER
livcrim I )lrect�>r
Certifica[e of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applica6le Buffer Rules, and
any subsequent modifications, the applicant is required to reWm this certificate to the d0I Transportation Pennitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center. Ralei!,h, NC, 27699-1617. This form
may be returned [o NCDWR by [he applican[, the applicanf's authorized agent, or the projec[ engineer. It is not
necessarv [o send certificates from all of [hese.
ApplrcanPs Certifrcalion
I, , hereby state that, ro 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 wifhin substantial
compiiance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signature: Date:
.Agen1's Cer�ifica�iaie
1, , hereby s[ate [hat, to the best of my abilities, due care and diligence
was used in the observation of the cons[ruction such that the construction was observed to be buil[ within subs[an[ial
compliance and intent of'the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signature:
Engi��eer's Cenification
Partial Final
I, , as a duly re�istered Professional Engineer in the State of North
Carolina, having been auihorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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 s�bstantial wmpliance and intent of the 401
Water Qualiry Certification and Bufler Rules, [he approved plans and specifica[ions, and other supporting materials.
Signature
Date
Reeistra[ion No.
. Siatc o�Nonh Carolina I Environmental Quality
1617 MaJ Service Cznter I Ralcigh, North Carolina 27699-1617