HomeMy WebLinkAbout20180285 Ver 1_Approval Letter_20180315ROY COOPER
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MICHAEL S. REGAN
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Environmentul LINDA CULPEPPER
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March I5, 2018
Caldwell County
SR 2003 Washboard Lane
Project:44594
NCD W R Project No. 20180?85
APPROVAL of J01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Environmental Officer
NCDOT Division I I
801 Statesville Road
North Wilkesboro. NC 28659
Dear Mr. Slauehter:
You have our approval, in accordance with the conditions lis[ed below, for the following impacts rela[ed [o
replacemen[ oftwo culvert pipes as described in }�our application material da[ed February 26, 3018.
Stream Im acts in the Catawba River Basin
Permanent Fill in Perennial Temporary Fill
Stream Qinear f[) in Pcrennial Total Stream Strcam Impacts
Site S[ream Impact Reyuiring Mitigation
RipRap Culvert Pipe O�near ft) (linear P[) (linear [t)
(Dewa[cring�
7+02 10 20 30 60 -
3�+61 10 48 30 88 -
Total 20 68 60 14S -
�otal Stream Impacts: 148 linear feet
The project shall be constructed in accordance with your application dated February 26, 2018. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Cenitication Number 4135,
w�hich corresponds [o Nationwide Penni[ 14 issued by the Corps of Engineers. In addition, you should acquire any
other federal, state or local pennits beforc you proceed wi[h your projzct including (but not limited [o) Sediment and
Erosion Control, Non-Discharge and Water Supply Wa[ershed regulations. This approval will expim µ�ith ihe
accompanyin, 404 permit.
This approval is valid solely for the purpose and desi�n described in your application (unless modified below).
Should your project chan�e, you must notify the NCDWR and submit a new application. Ifthe property is sold, the
new owner must be eiven a copy of this Certitication and approval letter, and is thereby responsible for complying
with all the conditions. If mtal wedand fills for this project (now or in the fumre� exceed one acre, or of total
impacts ro 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 condi�ions lis'ted below.
Staie oi North Carohna I Ensironmental Qualiiy
1617 Mad Szrvire Center I Raleigh, Nunh Carolina 2 7699-1 6 1 7
Project Specific Conditions
1. 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)]
2. For the stream segments 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)]
3. 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)]
4. 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 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)]
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
Condition(s) of Certifcation:
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)]
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 Pernuttee 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)]
5. 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)]
6. 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)]
7. 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)]
8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
9. 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]
10. 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)]
11. 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)]
12. 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]
13. 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.
14. 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)]
15. 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(fl]
16. 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)]
17. 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)]
18. 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 specifed 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
proj ect.
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. �
19. 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 fortn 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 Heazings accepu filings Monday through Friday between the hours of S: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 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) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Depaztrnent 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, �
dr
Li Culpepper, [ terim Direcror
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field OfFce
Marella Buncick, US Fish and Wildlife Service
Mazla Chambers, NC Wildlife Resources Commission
File Copy
Environmentcil
Qualiry
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Water Qualitv Certification:
County
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
Grlrrini l)ire�(ol'
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Cenification or applicable Buffer Rules, and
am� subsequent modifications, the applicant is required to retum this cenificate ro the d01 Transportation Perniitting
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 aeeni, or fhe project eneineer. It is not
necessary to send certificates from all of these.
,4pp(ican!'s Cerrificafin�i
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation ofthe construction such [hat the construction was observed to be built within substantial
compliance and in[ent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agenl's Cerlifrcurinn
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 supportine materials.
Signature: _ Date:
Engineer's Cerlifrcalioii
Partial Final
I, , as a duly regis[ered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of [he project for lhe
Permittee hereby state that. to the best of my abilities, due care and diligence was used in d�e observation of the
construction such that the construction was observed to be built within substantial compliance and inten[ of the 401
Water Quality Certitica[ion and 6uffer Rules, [he approved plans and specifications, and other supporting materials.
Signa[ure
Date
Reoistra[ion No.
State ol North Carolina I fnvironmental Oualiry
1617 Mail Scrvim Center I Raleieh. Nonh Carolina _'7699-IbI7