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HomeMy WebLinkAbout20170848 Ver 2_401 Cert Bridge 403 700 on SR 1302_20171219� � Environmental Quality ROY COOPER Goornrv» MICHAEL S. REGAN 16,rrnnr S. JAY ZIMMERMAN v;���,��«„� August3,2017 W ilkes County NCDWR Project No. 20170848 Bridges 403 and 700 on SR 1302 State Project Nu. 17BP.11. R.I20 APPROVAL uf d01 WATER QUALITY CERTIFICATfON with ADDITIONAL CONDITIONS Mr. Hea[h Slaughter NCDOT, Division I I Environmental Officer S01 Statesville Road North Wilkesboro, NC 28659 Dear Mr. Slau�hter: You have our approval, in accordance with the conditions listed below, for the followine impacts for the purpose of replacine Bridges 403 and 700 over Lirile Creek with double barreled box culverts in Wilkes County: Site 3* Stream Im acts in the Yadkin PeeDee River Basin Temporary Fill in Permanen[ Fill in Perennial Stream Perennial Stream (linear ft) (linear fQ Total Stream impact Qinear Ct) Dewatering Culvert Bank Stabilization f[I] iVo�es: •Re(ocatiar o% UT 45 3S 191 IS 73 88 176 48 396 Total Stream Impact for Project: 396 linear feet. Stream Impacts Requiring Mitigation (Iinear f[) The project shall be constructed in accordance with your application dafed received July 10, 2017. Afier reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4088. This certification corresponds m the Regional General Permit 31 issued by the Corps of En�ineers. In addition, you should acquire any other federal, state or local pemiits before you proceed with your project indudin� (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed re;ulations. This approval will expire wi[h the accompanying 404 pennit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify die NCDW R and submit a new application. If the propeny is sold, the new owner must be given a copy of this Certification and approval Ietter, and is thereby responsible for complying with aIl the conditions. Iftotal wetland tills for this project (now or in the future) exceed onz acre, or oftotal impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitioation may be required as described in ISA NCAC 2H A506 (1�) (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) oTCertitication: Project Specific Conditions �Nothing Campares .- , State of Nonh Carolina I Environmental Qualiry 1617 Mail ServiocCenter � Raleigh. North Camlina 27699-16I7 1. This project has the potential to impact trout waters or other aquatic species of concern. 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. If the NCDOT does not wish to honor the moratorium, then a written modification shall be submitted. 2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. Culvert placement shall mimic the 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)] 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 29 linear feet of streams being 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)] . 6. 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)] 7. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certiiication. [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas draining to Trout waters. NCDOT shall be in compliance with NCS000250 issued to the NCDOT, including the applicable requirements of General Permit NCGO 10000 for Construction Activities. 9. 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(�] General Conditions 1. 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 m 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)] 2. If concrete is used during construction, a dry wark 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 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)] 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 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] 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 corridar 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 ardinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limifed 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 discQvery. [15A NCAC 02B.0506(b)(2)� 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.506(b)(3)] 19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modiiication. 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 watets standards [15A NCAC 02H.0506(b)(3) and (cx3]): 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 Erosron Condo! Planning and Design Manual. b. 7'he 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 Contro/ Manual. T'he devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contracror-owned or Ieased 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 Mrnrng Manual. d. The reclamation measures and implementation must comply with the reclamation in acwrdance with the requirements of the Sedimentation Pollution Control Act. 21. Sediment and erosion control measures shall not be placed in weNands or waters unless othe�ivise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative heazing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Heazings within sixry (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. T'he Office of Administrative Hearings accepts filings Monday Uvough Friday between the hours of 8:OOam and S:OOpm, except for official 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 faned transmission. The mailing address for the Office of Administrative Heazings 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 Depaztment of Emironmental Quality 1601 Mail Service Center 7'his letter completes the review of the Division of Water Resources under Sec[ion 401 of the Clean Water Act. If you have any questions, please contact Dave Wanucha at (336)796-9703 or Dave.Wanucha@ncdenr.gov. Sincer� , . i �S. Jay Zimmertnan, Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Artny Carps of Engineers, Asheville Field Office Mazella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy Environmen tu! Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Wa[er Quality Cer[ification: County: ROY COOPER t;o�.-,�„�„� MICHAEL S. REGAN srrrvan r S. JAY ZIMMERMAN nr,���<<o� 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 ro retum 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 remrned to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineer. It is not necessarv to send certificates from all of these. ApplicnnPs Cerlifrculiorr 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 wi[hin substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Si�nature: Date: Agent's Certifre�lio�r I, , hereby state that, to the best of my abilities, due care and diligence was used in [he observa[ion ofthe cons[ruction such [hat the cons[ruction was observed [o be built within substantial compliance and intent of the 4p I Wa[er Quality Certification and Buffer Rules, [he approved plans and specifica[ions, and other supponing materials. Signature: E�agirteer',s Certifiealion Partial Final I, , as a duly re�istered Professional Engineer in [he State of North Carolina, having been authorized ro observe (periodically, weekly, full [ime) Ihe construction of the projec[ for the Permittee hereby state that, to the 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 Quality Certification and Bufler Rules, [he approved plans and specifications, and other supporting marerials. Si�nature Date Registration No. - �"Nothing Compares =- � $�ate o(North Caroiina � Environmen[al Quality I fi 17 Mail Servict Center I Ralzigh. Nonh Carolina 2 7699-1 6 1 7