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Home My WebLink About20140938 Ver 2_Approved 401 (09082014)_20180611�,�,�,.� �� NCDENR S[P 1 G 2014 North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skva��"�g��p �� Governor Secre� y e� &�0� September 8, 2014 Transylvania County NCDWR ProjectNo.2014-0938 Bridge 162 on SR 1361 WF3S Element# 17BP.l4R.126 APYROVAL of 401 WAT�R QUALITY C�RT1F'ICATION with ADDITIONAL CONDITIONS Mr. Ed Green, P.E., Division I:ngineer NCDOT, Division 14 North Carolina Depa�tment of Transportation 253 WebsterRoad Sylva, North Carolina 28779 Dear Nfi. Green: You have our ap��roval, in accordance with the conditions listed below, for the Following iuipacts for the purpose ofroad widening in Transylvania Counly: Type of Impact Amount Appruved Ameunt Approved Perma��ent Tempm•ary SiCe1-Stream 87 (linearfeet) 100 (liuearfeet) Total Stream Impact for Project: 87 linear feet. Total Tempora�y Stream Lnpacts: lU0 linear feet. The project shxll be consh'ucted in accordancc with your application. After revicwing your application, we have decided that tl�ese impacts are covered by Ueneral Water Quality Certifcation Number 3886. This certification corresponds to the Nationwide Permit ] 4 issued by the Corps of Engineers. In acidition, you should acquire airy other federaL state or local petn��its before you proceed wifli yonr project including (Uut i�ot limited to) Sediment and Erosion Control, Non-Discharge and WaYer Supply Watershed regulations. This approval will expice with the accompanying 404 permit. This approval is valid solely for the purpose and design descriUed in your application (unless modiEed below). Should your project change, yoii must notify Che NCDWR and submit a �ew applicatiion. If the property is sold, tlie new owi�er must be given a copy of this Cerfification and approval letter, and is thereby responsible for complying with all tihe conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the fuhire) exceed 150 linear feet, compensatary mitigaYion may be requircd as described in l5A NCAC 2H .0506 (h) (6) and (7). Por fhis approval to remain valid, you musf adhere to the conditions listed in Che attached certificatioi�(s) and any additional conditions listed below. Cm�ditiou(s) of Certificntion: Transportalion antl Permitiing Unil 7.� Onet,� 1 1617 Mail Service Center, Raleigh, Nodh Carolina 27699-1617 L V^^O11��I1�I lCal�011lla Localion�. 512 N. Salisbury SI. Raleigh, Nodh Carolina 27604 /,/iltf/Niy//// Phone�.919-807-63001PAX�.919-733-1290 (/ Yldol4LDi�� Intemef www.ncwaterauality.orq An Equal Oppartunilyl F1Rimalive Aclion Em�d..y::! � General Conditions 1. Unless otherwise approved in this certification, placement o€culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culveits 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 upsh-eam 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 modiiication will be required. 2. 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. 3. 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. 4. The dimension, pattem 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. 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. 6. The Peimittee shall ensure that the final design drawings adhere to the permit and to the peimit drawings submitted for approval. 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 the 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. 8. Heavy equipment shall be operated from the banks rather than in the sh•eam channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 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. 10. No rock, sand or other materials shall be dredged from the stream channel except where autharized by this certification. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. The permittee and its authorized agents shall conduct its aetivities 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. 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 14. A copy of this Water Quality �ertification shall be maintained on Yhe construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division �ngineer and the on-site project manager. 15. The outside buffer, wetland or water boundaiy located within the construction corridor approved by this authorization 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. 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. Tl�e Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 18. Upon completion of the project (including any impacts at associated bon•ow or waste sites), the NCDOT Division Engineer 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. 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. 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 fi•om road consh�uction activities. 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 orderto protect surface waters standards: 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 mid Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion cont�•ol measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Caroli�za Sediment and E�°osio�i Cont��ol 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 oP the North Carolir�a Surface MinP�zg Ma�2ual. d. The reclamation measures and implementation must comply with the reclamation in accardance with the requiremeuts of the Sedimentation Pollution Control Act. 22. Sediinent and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Ceitification. 23. The permittee will need to adhere to all appropriate in-water work maratoria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted between October 15th and April 15th of any year, without prior approval from the NC Division of Water Resources and the NC Wildlife Resources Commission. In-stream work and land disturbance witl�in the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fi•y stages of trout. 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 off'ice 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 h•ansmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Se�vice Center Raleigh, NC 27699-6714 Telephone: (919)-431-3000, Facsimile: (919)-431-3100 A copy of the petition must also be served on DENR as follows: Mr. John Evans, General Counsel Department of Environment and Nattu•al Resources 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 contacY lCevin Barnett at 828-296-4657 or kev in. barnett@ncdenr. gov. Sincerely, /��V �� Thomas A. Reeder, Director Division of Water Resources cc: Mark Davis, Division 14 Environmental O�cer Lori Beckwith, US Army Corps of Engineers, Asheville Field Office (electronic copy only) Mar]a Chambers, NC Wildlife Resources Commission File Copy G:\W R\WQ\Transylvania\401 s\DO'IlCertifications�ApvrL 14-0938.SR I361.docx