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Home My WebLink About20180073 Ver 1_Approval Letter_20180122En viron m en t u! Quality ROY COOPER �„��,,n„� MICHAEL S. REGAN s� � �� r<�„� LINDA CULPEPPER n,��,�;�� n�,�.�,�� Januarv ?2. 2018 Mon[,omery County NCDR'R Project No. 20180073 Bridge I?a on SR 1340 WBS 17BP.8.RJ32 AI'1'ROVAL of J01 WATER QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS Mr. Brandun H. Jones. P.E., Division En�ineer NCDOT, Division 8 90? North Sandhills Blvd. Aberdeen, NC ?8315 Dear Mr. Jones: You have our approv�l, in accordance with the condi[ions listed below, for [he following impacts for replacin!, Bridge 134 widi � new brid��e in Mont,omery Coimty: Stream Im acts in the Yadkin Pee Dee River Basin Si[e Permanent Fill in Bank Stabilization Temporary Impacts Temporary Temporary Total Strcam Perennial S[ream to Perem�ial Due to Uewa[ering to Impac[s Due to Impacts Due to Impact (linear f�) Stream (linear ft) Perennial Stream Causeway Bank (linear ft) (lincar ft) S[abilization 1 32 0 0 0 0 32 2 0 88 0 0 10 98 3 0 0 0 0 5 5 4 O O 51 0 O 51 5 0 0 0 22 0 22 Total 32 88 51 22 IS 208 � o[ai ��ream �mpac� �or rro�ecr. �ua unear ieri. The project shall be consiructed in accordance with your application dated and received January 12, 2018. Attcr revieainy ouur application, we have decided that these impacts are covered by General Water Quality Cenilication Number 4132. This certitication corresponds to die Na[ionwide Pzrmit 3 issued by the Corps uf Engineers. In addition, you should acyuire any other federal, state or lucal pemiits before you proceed widi your project includine (but not limited to) Szdiment and Frosion Control, Non-Dischar�e and Water Supply Watershed re_ulations. This approval will espire with the accompanying 40a permi[. This approval is valid solely for [he purpose and design described in your applicatioo (unless moditied below). ShoWd your project chan,e, you must notify the NCDWR and submit a new application. If the property is sold. lhe new owner must be given a copy of this Certifica[ion and approval letter, and is thereby responsible for complyin�, with all the conditions. If[otal impacts [o streams (now or in the fuwre) esceed 300 linear fee[, compensatory mi[iga[ion may �'Nothiny Compares - State of Nnrth Carolina I �nrironmcntal OualitS InI7MadServiaCemu Rale�gh.NorthCnrolina'_76`W-1GI7 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 listed below. 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 ofNCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A�NCAC 02H .0506(b)(5)] 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 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)] 4. 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] 5. 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)] 6. 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)] 7. 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)] 8. 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)] 9. 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)] 10. 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)] 11. 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)] 12. 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)] 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 14. 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] 15. A copy of this Water Qualiry 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. [ISA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. 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 ro any land disturbing activities. Impacts to areas within the fencing are prohibited unless othenvise authorized by this certification. [ I SA NCAC 02H.0501 and .0502] 17. The issuance of this certification does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that may be imposed by other governmen[ agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, srormwater management rules, soil erosion and sedimentation control requirements, etc. 18. 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)] l9. 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 retum the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification hac been completed. [15A NCAC 02H.0502(�] 20. 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. [ISANCAC 02B.0506(bx2)] 2L 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 construc[ion activities. [ I SA NCAC 02H.0506(bx3) and (c)(3)] 22. 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 mus[ be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Desigx 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 Contro! 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 [he project. a For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated and maintained in accordance wi[h the most recent version of [he North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in acwrdance with the requirements of the Sedimentation Pollution Control Act. 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (cx3)] If you wish to wntest 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 Administrative Hearings accepts filings Monday through 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 faxed uansmission. 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 ofthe 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 April Norton at 919-707-91 I I or A�ril.Nortonna,ncdenr.�ov. Sincerely, ,�'�p�,.� �rr' inda ulpepper, In erim 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 En viron men t u! Quality NCDWR Project No.: Applicant: _ Project Name: Da[e of Issuance of 401 Water Quality Certification: County ROY COOPER � ;� �,��-�,�,�� MICHAEL S. REGAN ,: �,�� ,�� LINDA CULPEPPER hiiarnrr Ilirrrror Certifica[e of Comple[ion Upon completion of all work approved within the 401 Water Quality Cenification or applicable Butier Rules, and any subseyuent moditications, Ihe applicani is required ro retum this certificate to the 401 Transpohation Permitling Uni�, Nurth Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�,h, NC. 27699-1617. This form may be re[umed to NCDWR by the applicant, ihe applican�'s authorized a,ent, or the projcct en�ineer. It is no[ necessary to send certiticates from all of [hese. .4pplicnnl's CertifrcnNon I, , 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 consvuction was observed to be built wi[hin subs[antial compliance and intent ofthe 401 Water Quality Certitication and Buffer Rules, thc approved plans' and specitications, and other supportin, materials. Signature: Date: 4genr's Certifrea�ioir I, , hereby state thal, to the hes[ of my abilities, due care and diligence was used in the observation of the cunstruciion sudi thai the construction was observed to be built within substantial compliance and intent of the 401 Water Qualit}� Certitication and Buffer Rules, thc approved plans and specifications, and other supportin� materials. Si�nature: Date: Eugineer's Cerlifica�inn Partial Final I, , as a duly re�,is�ered Proles-sional Engineer in the State of Nordi Carolina, havine been authorized [o observe (periodically, weekly, full timc) the construction of the projec[ for [he Pertnit[ee hereby s[ate tha�, to the best of my abililies, due care and diligence was used in the obs¢rvation of the construction such that the construction was observed [o be built witliin substantial compliance and inrent ol'the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and olher supporting ma�erials. Si�nature Date _ _ Registration No. -' �'NothingCompares�--, Statr ul Nunh Carohnn I F��'irnnmrn[al Quaht� lel7 Mad ticn�im Cenlzr I Ralcikh. North Carolin�'7n9V-Ihl7