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Home My WebLink About20180589 Ver 1_Approval Letter_20180524Environmentul Quality ROY COOPER � �,��,�,�� MICHAEL. S. REGAN t, . , .a<<� i LINDA CULPEPPFR i�,�. �,�,� n;, <. �„� Mav 24. ?018 Caldwell Counq Shoulder Failure on SR 1328 Pr�jecC 11.3014?I NCDWR Projec[ No.'_0180589 APPROV,4L nf J01 WATF:R QU,4LITY CERTIFICATION N�ith .4DDITIONAL CONDITIONS Mr. I leath Slaughter. Environmental Ofticer NCDOT Division I I 8bl Statesville Road Nonh Wilkesboro, NC 386>9 Dear Mr. Slau��hter. You have our approvnl. in accordance ti�idi the cundi[ions lis[ed bclow. For the IolloN ing impacts related to slide repairs alon� l�rown Mountain Beech Road and Wilson Geek in Caldwell County. Stream Im acts in thc Catawba River Basin Permancnt Fill in Perennial Tempm�ary Fill S[ream pinear ft) in Perrnnial Tutal Slream Stmam Impacts Si[e titream Impact Requirin� M17i[igation Bank Stabilization (lincar ft) (linear ft) (lincar (�) (Dcwatering) I 30 - i0 - � �p _ �p _ Total 5p - 50 - fotal Stream Impach: SU linear feet The project shall be constructed in accordance �vith }�our applicatiun dated April 30. =018. Aft�r reviewina your application, wc havc decided that thzse impacts are covered bq Genzral W'ater Qu�lity Certification Number 413d. This certification correspunds to the Na[ionwi�e Pcrmit 1; issued b} the Corps ol En�ineers. In 2ddition, you should acquire any other federal. statr or lucal pennits be(ore you proceed evitli your projzet including (but not limited ro) Sedimen[ and Erosiun Control, Non-Discharge and Wa[er Supply Watershed regulations. This approval will expire wiih the accompanying JOJ permit. ihis approval is valid soleh for [he purpose and design described in your applicativn (unless moditied belo�ro�). Should �-our prqject chan,c, �uu must no[ih [he NCDWR and submi� a new application. If [he property is' sold. [he new owner mus� be given a copy oi this Crrtitication and approval letter, and is diereby responsible for complying with all [he conditions. If [utal wetland tills for this project (now or in the fuwre) esceed one acre, or of total impacts [o streams (now or in the future) esceed 300 linear feet, compensatory miti�,ation may be required as described in I iA NCAC ?H .0>D6 (h) l6) and (�). For Ihis approval tu remain valid, you must adhere [o [he conditions listed in ihe altached certification(sl and any additiunal eonditions listed belo��. tilule nf' North Rirolinu I 6m irunmental (lu.dit� I nl7 p1.nl $crvi.t l enler � Itolci,h. Nunh C�rolinu'J6�79Jf�1 � Project Specific Conditions ]. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for pre-treating storm water runoff prior to discharging directly into Wilson Creek. [15A NCAC 02H .0506(b)(2) 2. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]). 3. NCDOT shall be in compliance with NPDES Permit NCS000250 issued to NCDOT, including the applicable requirements of General Construction Permit NCGO10000 (15A NCAC 4B.0124[a]-[e]). 4. 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 l�onor 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 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)] 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 ]ess 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 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)] 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 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)] - 5. 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 .0�06 (b)(2) and (c)(2)] 6. 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)] 7. 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)] 8. 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)] 9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 10. 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] 11. 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)] 12. 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 ] SA NCAC 02H .0506 (U)(2) and (c)(2)] 13. The outside buffer, wetland or water boundary located within the consh•uction 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] � 14. 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. 15. 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)] 16. 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] 17. 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)] 18. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or boirow 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)] 19. Erosion and sediment control practices must be in fulf compliance with all specifications �overning the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [ISA NCAC 02H.0�06(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 Sedinzent and Erosion CorTtrol 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 Secfime�rt and Erosion Control Manaral. 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 Nor•th Carolina Surface Mining Marzual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 20. 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 offtce 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 B:OOam and S:OOpm, except for official state holidays. The original and one ( I) 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 dceument is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Oftice of Adminisvative 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, � �� Pj,i Linda Culpepper, Interim Director Division of Water Resources Electronic copy only distribution: Steve Kichefsky, US Army Corps of Engineers, Asheville Field Oftice Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy Envira�men[ul QUQIitY NCDWR Pruject M1o.: Applicanl: Nroject Namc: Date of Issuance of �01 Water Quali[y Certification: Cuunh: ROY'COOPER 1 nn�u-�n,r MICHAEL S. REGAN sr„�ri�n, LINDA CULPF,PPER l,nr,�r,n N;,��rrnr Certificate of Completion Upon completiun ol all work approved within the 401 Water Quality� Certitica[ion or applicable But�fer Rules, and any subsequent moditications. Ihe applicant is reyuired ro return this certitica�z to the �01 Transporta[ion Pemii�ting Unit, North Carolina Division of N�'ater Resources. 1617 Mail Service Center, Raleigh, NC, ?7699-1617. This form may be returntd ro NCDW R by� the applican[, the applicam's authorized agent. or the project engineer. It is not necessarv to sand c�rtiticaies frum all ofthese. .-IpplicanYs Certiftcalian I, __ , hereby state that. to the best of nry abilities, due care and diligence was used in Ihe observation of ihe construction wch tha[ thr constructiun was observzd �o be buil[ within substantial complianec and intent of the 401 Water Qualin- Cenilicatiun and Buftir Rules, the approved plans and specitications, and othzr supporting materials. Si;nature: Date: Ageiet's Cerlificruion I, , hereby s[ate �hat. to the best oFm� abilities, due care and diligentt was' used in thr observation of the cunstruction such that Ihe cons'truction was observed tu be buili within subs[an[ial compliance and intznt uf Ihe d01 Water Quality Certification and Bufler Rules. the approvcd plans and specifications, and oiher suppurtim_ materials. Signature: Eugiueer's Cerliftcnfion Panial Final Date: I. . as a duly registercd Professiun�l Enuineer in thc Stam of North Carolina, having been authorized [o observe (periudically, weeAlq. full time) the construction of [he projcct tix �he Pemiinee hereby state tlial, to Ihe best of my abilities, due care and dili�_ence was used in the ubservation of Ihe cunsvuction such �hat the consiruction was observed to be buil[ within substan�ial compliance and intent of the d01 Wa�er Quality Certilicalion and Buffer Rules, the approved plans and specitica[ions, and olher supporting materials. Si��naiure Date Reeistration No. til;n� ni Nurth Caruhna I I�m'ironmrntal l)iialil� P.��7llailtii•nmcCentcr Kuln_h.Nnnhl'�rnlina'_7n9��-1��17