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Home My WebLink About20171374 Ver 1_Approval Letter_20171127ROY COOPER corrrnor MICHAEL S. REGAN Secrerarr £nvrrorimental LINDA CULPEPPER hnri'im Uirecmr QUQf(i); November 27, 2017 Stokes County Culvert 107 on SR 1696 Project l7BP.9.C.9 NCDWR Project No. 20171374 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Ms. Amy Euliss, Environmental Ofticer NCDOT Division 9 375 Silas Creek Parkway Winsto� Salem, NC 27127 Dear Ms. Euliss: Per your reqoest, we have revised the previously issue Certification dated November 21, 2017 to include the language below in italics. No other revisions were made. You have our approval, in accordanee with the conditions listed below, for the following impacts related to replacing existing culvert pipes with hvo new culvert/pipes (Aluminum Struc�ural Plate with headwall and endwall) as described in your application material dated October 30, 2017 and subsequent electronic information received on November 7, 2017. Stream Im Permanent Fill in Perennial Stream (linear ft) Site Colverts Bank Stabilization 1 22 23 Total 45 cts in the Roan� Temporary Fill in Perennial Stream (linear ft) (Dewaterin� 43 43 Total 5tream Impact (linear ft) 88 88 Total Stream Impacts: 881inear feet Stream Impacts Reqoiring Mitigation Qinear ft) The project shall be constructed in accordance with your application dated Oc[ober 30, 2017 and subsequent information submitted on November 7, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4085. This ceRification corresponds to the Nationwide Permit 3 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 (but not limited to) Sediment and Erosion Control, Non-Discharge and 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 most 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 projec[ (now or in the future) exceed one acre, or of total S[atc o(North Carolina I Gnvironmental Quality 1617 Mail Service Center I Raleigh, Nonh Carolina 2 7 699-1 61 7 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. 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 far 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. ,[1SA 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) ar that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certificatiori. [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 mus[ be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Managemen[ 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 P[unning 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 aod sediment control measures must be designed, installed, operated, and maintained in accordance wi[h the mos[ recent version of the North Carolina Surface Mining ManuaJ. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollotion Control Act 21. Sediment and erosion conhol measures shall not be placed in wetlands or waters unless o[herwise 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 receip[ 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 [hrough 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 most 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 [he petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Sec[ion 401 of [he Clean Water Act. If you have any questions, please contact Dave Wanucha at (336) 776-9703 or Dave. Wanucha@ncdencgov. Sincerely, � " `,�f �� ,` ;"'i�J/�'�`�--��,-' ' c, \ Linda Cu pepper, Interim Director Division of Water Resources Electronic copy only distribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Marella Buncick, US Fish and W ildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy EnvironmeNal QUQ�I i}� NCDWR Projec[ No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER Gurernor MICHAEL S. REGAN srcrriorr LINDA CULPEPPER lnlrrfm lJirecior Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to remm this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be retorned to NCDWR by the applieant, the applicanYs authorized agent, or the project engineec It is not necessary to send certificates from all of these. ApplicanPs CeRifTcation 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 buil[ within substantial compliance and inten[ of [he 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signature: Date: AgenYs Certifrcatron I, , hereby state that, to the best of my abilities, due care and diligence was osed in the observation of the construction such that the construction was observed to be built within sabstantial compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and o[her supporting materials. Signamre: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the Sta[e of North Carolina, having been au[horized to observe (periodically, weekly, full [ime) the construction of [he project for the Permit[ee hereby state that, [o [he best of my abilities, due care and diligence was used in the observation of the construe[ion such tha[ the construction was observed to be built within substantial compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signature Date Registration No. State o(North Carolina I Environmental Quali�q 1617 MaJ Servicc Ccnte� i Raleigh, North Carolina 27699-16U