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Home My WebLink About20171358 Ver 1_Approval Letter_20171207ROY COOPER r,orerm,r MICHAEL S. REGAN Srcro[urr Environmentul LINDA CULPEPPER lnle��inr Direrinr QUQIIry December 7, 2017 Watauga County NCDWK Project No. 20ll 1358 Town of Beech Mountain Sidepath Project APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Tim H. Holloman, Town Manager Town of Beech Mountain 403 Deech Mountain Parkway Beech Mountain, NC 28604 Dear Mr. Holloman: You have our approval, in accordance with the conditions listed below, for [he following impacts related to a new Sidepath along NC 184 in the Town of Beech Mountain. S[ream Im acts in the Watau a River Basin Permanent Fill in Temporary Fill in Total Stream Stream Impacts Site Perennial Stream Perennial Stream Impact Requiring Mitigation (linear ft) Qinear ft) ��inear ft) (linear R) (Culvert) (Dewater) 1 20 50 70 - 2 25 50 75 - Total 45 100 145 - Ib[al Stream Impacts: 145 I�near teet The project shall be constructed in accordance with your application dated October 23, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certitication Number 4092. This certifica[ion corresponds to the Na[ionwide Permi[ 42 issued by the Corps of En�inzers. In addi[ion, 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 Wa[er 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. 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 rotal impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in I SA 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. State of North Carolina I Emironmental Quahry 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 Project Specific Conditions 1. T'his project has the potential to impact trout waters or other aquatic species of concem. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable then the requirements of any moratorium(s) shall be a condition of this 401 Certification. 2. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff priar to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 3. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas draining to Water Supply (WS-II), High Quality Waters (HQW) and Trout (Tr) waters. The Town shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable requirements of the NCGO10000. Please note the extra protections for the sensitive watersheds. 4. 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)] 5. For the 100 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)] 6. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the ma�cimum 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)] 7. Placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot far 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 reguested 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)] Condition(s) of Certification: General Conditions 1. If concrete is used during construction, a dry work area shall be maintained to prevent direcf 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 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)] 6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMI' 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. Heary 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 NCAG 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 outhydroseeders 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 activi'ties 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 Certifcation 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 tlie 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 d'uect impact from road construction activities. [i5A NCAC 02H.0506(bx3) and (c)(3)] 20. Erosion and sediment control practices must be in full compliance with all specifications goveming [he proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standazds [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 8rosron Contro/ Plannrng 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 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 Carolrna 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. 21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [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 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 Administra[ive Hearings accepts filings Monday dvough Friday between the hours of B: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 dowment is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. T'he 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) 4313100 A copy of the petition must also be served on DEQ as Follows: Mr. Bill F. Lane, General Counsel Deparhnent 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. V ° lY, � �v / � _ "`�J Linda Culpepper, liiterim Director Division of Water Resources Electronic copy only distribution: Amanda Fuemmeler, US Army Corps of Engineers, Asheville Field Office Byron Hamstead, US Fish and Wildlife Service Andrea Leslie, NC Wildlife Resources Commission Mazk Davis, Vaughn and Melton (msdavis@vaughnmelton com) File Copy Environmenial QGQ�lr}/ NCDWR Project No.: Applicant: Project Name: Da[e of Issuance of 401 Water Quality Certification: County: ROY COOPER Garernar MICHAEL S. REGAN tii-rreian- LINDA CULPEPPER LNei'im Uircciur Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules, and any subsequent moditications, the applicant is required to return 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 retumed to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessarv to send cenificates from all of these. ,4pplicmeYs Certificuliar 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 40I Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature: Dare: Agent's Cer(ifrcalion 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 inrent of the 40I Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature: Da[e: Exgineer's Certifrealin�� Partial Final I, , as a duly registered Professional En�ineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) [he construction of the project for [he Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construc[ion such tha[ the construc[ion was observed [o be buil[ within substantial compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Stam of North Carolina I Envimnmental Qualiry 1617 Mail Service Crn[zr � Raleigh, Nonh Camlina 27699-1617