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Home My WebLink About20170117 Ver 2_Approval Letter_20180109En viron men ( a ( QUA�lty Site To[al Total ROY COOPER r;nrr,vrnr MICHAEL S. REGAN s�•��.<<<,�� LINDA CULPEPPER GNerDrr Ufrrolur' January 9,3018 Moore County NCDWR Pr�ject No.30I70117v.3 Bridge 13 on SR 110? 7IP No. B-57�8 APPROVAL of a01 WATER QU.4LITY CF.RTIFICATION with ADDITIONAL CONDITIONS Mr. Brandon H. Jones, P.E., Division Engineer NCDOT, Division 8 90? North Sandhills Blvd. Aberdeen, NC 28315 Dear Mr. Jones: You have our approval, in accordance with [he conditions listed below, for thc following impacts for replacin� Bridge 13 with new culverts in Moore County: Permanent Fill in Perennial Stream llinear ff) 42 Permanent Fill 0.01 Stream Im ac[s in the Lumber Ricer Basin Riprap Stabilization [o Temporary Dewatering to Perennial Stream Ilinear ft) Perennial Stream flincar R Sa I 95 Total Stream Impuct for Projec[: 221 linear feet. Wetland Im ac[s in the Lumber Hand Cleari Total Wetland Total Stream I 0.02 I 0.03 Total Wetland Impac[ for Projec[: 0.03 acres. 221 The project shall be constructed in accordance with your application received January 8, 2018. After reviewing your application, we have decided diat these impacts are covered by General Water Quality Certificalion Number 4135. This certitication con'esponds [o the Nationwide Pertnit 14 issued by Ihe Corps of Engineers. In addition, you should acquire any other federaL state or local permi[s before you proceed with your project including (but not limited to) Sedimen[ and Erosion Con[rol, Non-Dischar,e and Wa[er Supply Wa[ershed regula[ions. This approval will expire with the accompanying 404 pennit. This approval is valid solely lorthe purpose and design described in yow application (unless modified below). Should your project chanee, you mus� notify [he NCDWR and submit a new application. If die property is sold, [he new owner must be given a copy of dtis Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wedand fills for this project (now or in the fuwre) exceed one acre, or of total impacts to s[reams (now or in the future) exceed I�0 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 certification and any additional conditions lisred below. �'Nothing Compares "-� State ol Nonh Carolina I fmironmental Quality I nl7 Mad Sernce Cenler I Ralugh, Nonh Carolina'_7699-1617 Conditions of Certification: 1. As a condition of this 401 Water Quality Certification, the 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. 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 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 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. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or 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 all 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. 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] 8. 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)] 9. 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)] 10. The use of riprap above the Normal High-Water Mark shall be minimized. Any riprap 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)] 11. 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)] 12. 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)] 13. 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)] 14. 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)] 15. 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)] 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ 15A NCAC 02H.0506(b)(3)] 17. 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] 18. 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)] 19. 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, shal] 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)] 20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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] 21. 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 applicabl'e buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 22. 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)] 23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return the enclosed "Certification of Completion Forni" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl] 24. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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 02B.0506(b)(2)] 25. 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)] 26. 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. T'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 Sedrment and Erosron Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractorowned 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. 27. 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 (cx3)] Ifyou wish to contest any statement in the attached Certification you mus[ 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 sixry (60) days of receipt of this notice. A petition is wnsidered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday tivough 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. 7'he 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: Oftice 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: Mc Bill F. Lane, General Counsel Department of Environmental Qualiry 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 April Norton a[ 919-707-91 I 1. Sincerely, � `� � � Lm� Culpepper, nterim Director Division of Water Resources Electronic copy only distribution: Andy Williams, US Army Corps of Engineers, Raleigh Field Office Art King, Division 8 Environmental Officer April Norton, NCDWR, Central Office File Copy Environrnentul Qua(ity NCDWR Project No.: Applicanh Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER Uorrrno,- MICHAEL S. REGAN s� �, � r,�, � LINDA CULPEPPER Lurr7m [)frec/ur Certifica[e of Completion Upon completion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules. and any subsequen[ moditieations, the applicant is requfred to retum Ihis certificate io the 401 Transportation Permiuing Unit, North Carolina Division of Warer Resources, 1617 Mail Service Center, Raleigh, NC, ?7699-1617. This form may be returned lo NCDWR by the applicant the applicant's authorized agent, or the project engineer. It is no[ necessary [o send certifica[es from all ofthese. App/icu�et's Certificafion I, , hereby s[ate that, to the best of my abilities, due care and dili�ence was used in the observation ofthe construction such that the construction was observed to be built widiin substantial compliance and in[en[ of Hie d01 Water Quality Certitication and Buffer Rules, the approved plans and specifica[ions. and other supporting materials. Si_nature: Date: AgenPs Cer�irca�ion I, , hereby state that, [o the best of my abilities, due care and diligence was used in lhe observation of the construction such that [he construction was observed [o be buill widiin substantial compliance and intent of the 401 Water Qualiry Certilication and 6uffer Rules, d�e approved plans and specifications, and other supporting materials. Si�,nature: Date: Exgixeer's Cerlificalion Partial Final I, � , as a duly registered Professional Engineer in [he State of North Carolina, having been authorized to observe (periodically. weekly. full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due c�re and dilieence was used in the observation of the construction such [hat the construction was observed [o be built �a�ithin substantial compliance and intcnt ofthe 401 Wzter Qualiry Certitication and BufTer Rules, the approved plans and specitications, and other supporting materials. Signamre Date Reaistration No. � "Nothinq Compares "-, State ol Nnnh Carolina I f.mirmm�antal Qualih I v i 7 Mai l ticn�icc Centtr I Raloi�h. North Carol inn ^_7694-I G 17