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HomeMy WebLinkAbout20180875 Ver 1_Approval Letter_20180628;;�� `::� � n ,. Environinental QUQ�Iry ROY COOPER � ��„�� ���,�„� MICHAEL S. REGAN .1c rr�°�u�•� L[NDA CULPEPPER /�rterim Dir�-rlur June 28, 2018 Maco�� Counry NCDWR Project No. ?0180875 Bridge 220 on SR1351 State Project No. 17BP.14.R.1 I 1 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mc. Patrick Breedlove, Division Environmental Specialist NCDOT, Division 14 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Bl�eedlove: You have our appt•oval, in accoi•dance with the conditions listed below, for the following impacts for the purpose of bridbe replacement in Macon County: Stream Impacts in the Little Tennessee River Basin Permanent I�ill Tem��rary Fill in Perennial in Perenniul Total Stream Site Sh•eam Stream �mpact (linear ft) (linear ft) �����ear ft) 1 110 110 lA 3? 3? 1B 32 22 IC 35 ID 46 18 TOTAL 103 142 182 Total Stream Impact for Project: 182 linear feet. The project shall be constructed in accordance with your application received June 22, 2018. After reviewing your application, we have decided that these impacts are covered by General Water Qtiality Certification Number 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. [n addition, you should acquir•e any other federal, state or local permits before you proceed with your p►•oject including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless iT�odified below). Should yow� project change, you must notify the NCDWR and sub���it a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all tl�e conditions. If total wetland fills for this project (now or in the future) e�ceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, co►npensatory mitisation may be required as described in l5A 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 conditions listed below. Statc of North Carolina � Gnvironmental Qualiry 16U Mnil Service Center � Raleigh, North Carolina 27699-161� Condition(s) of Certification: Project Specific Conditions L The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe ali�nment at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. [ I SA NCAC 02H.0506(b)(2) and (b)(3) General Conditions 1. 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 pe1•cent of the culvert diameter for culverts having a diametei• 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 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)] 2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing conci•ete 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. [ISA NCAC 02B.0200] 3. During the construction of the project, no staging of ec�uipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 4. 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)] 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. [15A NCAC 02H.0506(b)(2)] 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the perrnit drawings submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(2)l 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 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)] 8. 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. [ I SA NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters fi•om fuels, lubricants, hydraulic fluids, or other toxic materials. [ISA NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the stream channe( except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 1 1. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 12. The permittee and its authorized agents shall conduct its activities in a mamlei• consistent with State water quality standards (including any requil•ements resulting fi•om 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 fedei•al law is being violated, or that further conditions are necessary to assure cotnpliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] l3. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [l SA NCAC 02H.0506(b)(2)] 14. 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. [ISA NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)] 15. The outside buffei•, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land distu►•bing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [ I SA NCAG 02H.OSOI and .0502] 16. The issuance of this certification does not exempt the Permittee fi�om complying with any and all statutes, rules, regulations, or oi•dinances that may Ue 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. 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)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer sllall complete and return the enclosed "Certification of Completion FoT-m" to notify the NCDWR when all work included in the 401 Certification has been completed. [ISA NCAC 02H.0502(�] 19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modi�cation. Should waste or borrow sites, or access roads to waste or bot•row sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact fi�om road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 20. Erosion and sediment cont�•ol practices must be in full compliance with all specifications governing the proper design, installation and opel•ation 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 ttle project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planf7ing a�id Desigf� Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or e�ceed, the requirements specified in the most recent version of the Nort{� Caf•olina Sedzment and Erosior� Cof�trol Mar�ual. The devices sl�all 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 ei•osion and sediment control measures must be designed, installed, operated, and maintained in accordance with the �nost recent version of the North Carolina Surface Mining Manual. � d. The reclamation measures and implementation �nust comply with the reclanlation in accordance with the requirements of the SedimentaCion Pollution Control Act. 21. Sediment and erosion control rneasures shal( 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 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 B: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) 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 Kevin Barnett at (828)296-4657 or kevin.barnett@ncdenr.gov. Sincerely, � YSV�' E`' Linda Culpepper, I terim Director Division of Water Resources Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Marla Chambers, NC Wildlife Resources Commission Environmenta! QUQ�try NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality CertiCcation: County: ROY COOPER G��rrrnu,• MICHAEL S. REGAN .1'c'iI'i7!(ll'I' LINDA CULPEPPER ln��rint l)ir�°ctor Certificate of Completion Upon completio�� of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project en5ineer. It is not necessa�y to send certifiicates fl•om all of these. Applrcani's Certificrrtion 1, , 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 supportin� materials. Signature: Date: Age�rt's Certifrcatiorr I, , hei•eby state that, to the best of iny abilities, due care and dili�ence 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 Bufifer Rules, the approved plans and specifications, and other supporting materials. Sigi�ature: Date: Eitgineer's Certifrcntiat Partial Final I, , as a duly registered Protessional Engineer in the 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 care and diligence was used in the obsef•vation 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 supporting materials. Si��nature Date Registration No. State of North Carolina � Environmenml Qualit�� 1617 Mail Service Centzr � Raleigh, North Carolina 2 7699-1 6 1 7