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Home My WebLink About20171492 Ver 1_Approval Letter_20171220Environme��tul QU��ItY ROY COOPER Gur��rnur MICHAEL S. REGAN .4r� r�•r<vr LINDA CULPEPPER Girerim Uii�ermr December 20. 2017 Watauga Counry Brid�e 261 on SR 13014 Project: 176P. I I R.173 NCDWR Project No. 20171492 APPROVAL of 901 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Heath Slaughter, Environmental Officer NCDOT Division I I 801 Statesville Road North Wilkesboro, NC 28659 Dear Mr. Slaughter: You have our approval, in accordance with the conditions Iisted below, for the followin� impacts related to replacing existing Bridge 261 with a triple-barreled box culvert as described in your application material dated November 17, 2017. Stream Im acts in the Watau a River Basin Permanent Fill in Perennial Temporar,y Fill Stream Qinear ft) in Perennial Total Stream Stream Impacts Site Stream Impac[ Requiring Mitigation Culvert Bank Stabilization ��near R) Qinear ft) (linear f[) (Dewatering) I 37 73 10 I20 - ? _ �g _ Zg - Total 37 101 10 148 - I�otal Stream Impacts: 14ri linear teet The projec[ shall be constructed in accordance with your applica[ion dated November 17, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide Pemiit 14 issued by the Corps of Engineers. In addition, you should acquire any other Yederal, state or Iocal permits before you proceed with your project including (but no[ limited to) Sediment and Erosion Control, NomDischarge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 pemiit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notif'y 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 fuwre) exceed one acre, or of total impacts to streams (now or in the fumre) eaceed 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 condi[ions listed in the attached certification(s) and any addi[ional conditions listed below. S[acz ofNonh Camlina I[nvironmental Qualiq� 1617 Mail Service Cen[er � Raleigh. North CaroGna 27699-1617 Project Specific Conditions 1. Bridge demolition 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)] 2. Culverts shall be placed below the elevation of the streambed by one foot 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 down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the 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)] 3. The culvert shall be designed to mimic natural stream cross section as closely as possible including barrels at flood plain elevation and/or sills where appropriate. 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 10 linear feet of streams being impacted due to site dewatering, 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. This project has the potential to impact trout waters. 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. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125] 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)] 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 down stream 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)] � 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 fnal 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 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] 16. 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. 17. 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)] 18. 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(�] 19. 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)] 20. 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)] 21. 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 the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control 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 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 and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina 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. � 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise 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 receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The O�ce of Administrative Hearings accep'ts 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 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 the 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 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. �Sincerely, , �(� �� Lin`da Culpepper, Interim Direc[or Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Marella Buncick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission File Copy Environmental Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 101 Water Quali[y Certification: Countr• ROY COOPER r;��.,,��„ MICHAEL S. REGAN �ri r rmrr LINDA CULPEPPER buer'int Uirerlur Certificate of Completion Upon completion of'all work approved wi[hin the 401 Water Quality Certification or applicable But%r Rules, and any subsequent modifications, the applicant is required to retum this certificate ro the 401 Transportation Permitting Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form maq be returned to NCDWR by the applicant. the applicant's authorized aeent, or the project eneineer. It is not necessarv to send certificates from all of these. ,4pp/ican('s CerfifrcnNoii 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 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre: Date: Ageir!'.s Certification I, , hereby s[ate 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 within substantial compliance and inten[ of [he 401 Water Quali[y Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials. Si�nature: Date: F.�rgineer's Certifiea�ion Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full [ime) [he construction of the project for [he Permittee hereby state that, to the best of my abilities, due care and dilieence 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 Certitication and Buffer Rules, the approved plans and specitications, and other supportine marerials. Signature Da[e Reeistration No. State ol North Carolina I Em�ironmental Qualiry 1617 Mail SeniceCenter � Raleigh. Nonh Carohna 27699-1617