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HomeMy WebLinkAbout20180925 Ver 1_Approval Letter_20180711ROY COOPER �„ �.,,�„r MICHAEL S. REGAN �r:. rr�n�i Envirunmenfu! LINDA CULPEPPER QUQ�(i�/ lrn�'r-rru lhr.rlur� �U�V ��.�0�8 Randolph C�unq� NCDWR Project Na 3018093� Brid�re -! 16 rni SR 191 I WBS No. 17E3P.R.R.76 .4PPR0�'AL ofalll �i`.4TF.R QUALITY C�RTIFICATION and HANDLEMAN LAKE WATERSHGD BUFFER .4UPHORI"I.ATIO� �ith ADDITIONAL CONDITIONti Art Kin�_, Division Environmemal Supervisor NCDOT Division 8 902 North Sandhills Blvd. Aberdeen. NC 3831 � Dear Mr. King: You havz our approval. in accordance with the conditions listed below, for the followin� impacts to replace l3ridge � 16 ovzr Muddc Creck with a ne�r reinforced concretz bo� culvert in Randolph Coimh, as described in yoiir application: Site Totals Stream Imnrcts in thc Caoe FeAr Ri��er Basin Permanent Fill in Perennial I Pennanent Fill in Perennial RCBC -1G.? i �6.25 Stabilization vv 99 Tutal Stream Impact fur Pro,jecL• Ia�.25 line.�r feet To[al Strcam Impac[ Qinear ft.) i�;.�5 i-ts.zs Randleman Lake N'atersheJ Ri arian Buffer Im acts Zone I Zonc 2 13u(fcr minus = Zonc I � l3uffer �nin�r�� = Zonc 2 T.onc I Zonc 2 Miti�ation WMlands Buffcrs�not � Mitigalinn Wcllands 13uffers�not $i�C ImpeCt Impact RcyuireJ in zone � wcuands) Reyuircd in Lone 2 Netlands) ��U��� s ft s f[ usin 3:1 (sqfl) (5 ft (s Ft) (using I.g:l i 9 ) l�4 1 � K 9) 4 ratio) rafio) I 3.685 0 2,685 0 1.077 0 1,077 0 Totals 2,685 0 2,68g p 1,077 0 1,077 0 Tot:�l Buf(er Impact for Projech 3,762 square feet. The project shall be constructed in accordancc wiih �our application dated Jul� 3. ?018 and received July 6, 301 S. Atter reviewin, your application, we have decided that Ihese impacts are covered b�� General Water Qualih� Certitication Numbzr413�. This certitication corresponds [o Na[iomvide Pznni[ 14 issued by� the Corps of Encinezrs. In addition, you should acquire am� u[her federal, s[ate or local penni[s before you proceed with your project including. but nnt limited [o, Sediment and Grosion ConVol, Non-Discharge and W'ater Supply Watershed re�ula[ions. This approval w�ill espire �cith the accompanyin;,s 404 permit. This approval is valid solel� for the purpose and desi;n described in your application. Should your project chan,e, � �'Nothing Compares �-_ til;nr nl Nonh Carul�nn I I ncvonmrnWl Qimiit� 1�+17ti1ad5�•n�me[rnter RaIr�J�-Nartl�Curuhnu'_7fi���1-I%.I� you must notify the NCDWR and submit 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 the conditions. If total wetland fills for this project (present or future) exceed one acre, or of total impacts to streams (present or future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0250. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification Project Specific Conditions: 1. All stormwater runoff shall be directed as sheetflow. through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.0250] 2. All riparian buffers impacted by the placement of temporary fil] or clearing. activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated, with non-woody species by the end of the growing season following completion of construction. For this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanent]y revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 2B.0250] 3. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stormwater management may be subject the Randleman Water Supply Nutrient Strategy. [ 15A NCACO2B .0250] 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 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. [ISA 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 .0506 (b)(2) and (c)(2)] 6. 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)] 7. Heavy equipment may be operated within the stream channels however; its usage shall be minimized. [15A NCAC 02H.0506(b)(3)] 8. 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)] 9. 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)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] I 1. When applicable, all construction activities shall be perforined and maintained in full compliance with G.S. Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B.0200] 12. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sedinzent and Erosion Control Manzral, or for linear transportation projects, the NCDOT Sedinaent and Erosion Conb-ol Manz�al. 13. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site always. 14. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements ofthe Sedimentation Pollution Control Act and the Mining Act of 1971. 15. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-I I, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sediinentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3)] 16. 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. Ifthe 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. [I SA NCAC 02B.0200] 17. 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)] 18. A copy of this Water Quality Certification shall be maintained on the construction site always. Additionally, 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)] 19. 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 to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. []SA NCAC 02H.050] and .0502] 20. 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 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. 21. The permittee shall report any violations ofthis certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 22. Upon completion of the project (including any impacts at associated borrow 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. [15A NCAC 02H.0502(�] 23. 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 02B.0506(b)(2)] 24. 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 in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construc[ion activities. [15A NCAC 02H.0506(b)(3) and (c)(3) 25. Erosion and sediment control practices must be in full compliance with alI specifications goveming the proper design, installation and operation and maintenance of such Best Management Practices to protect surface waters standards [ I SA NCAC 02H.0506(bx3) and (cx3): a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in ucordance with the most recent version of the North Carolina Sediment and Erosion Contral 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 Carolrna 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 the project. c. For bortow pi[ 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 Manaal. d. The reclamation measures and implementation must comply with the reclamation in accordance with [he requirements of the Sedimentation Pollution Control Act. 26. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the rop of bank, without prior approval from NCDWR. [ I SA NCAC 02H.0506(bx3) and (cx3)] 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 8:OOam and S:OOpm, except for oflicial state holidays. The original and one ( I) copy of the petition must be filed with the Oftice 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: Otlice 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: Mc 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 April Norton at (919) 707-9111 or April.Nortonna,.ncdenr.�ov. ' cerely, � 1 � % 11 �� Li ulpepper, Interim irector Division of Water Resources ElecVonic copy only disVibution: Mdrew Williams, US Army Corps of Engineers, Raleigh Field Office File Copy Enviraimentc�l QUQ�(ty NCDWR Project No.: ApplicanL• _ __ Pro,ject 1'amc: Date of Issuance of a01 Wa[er Qualit}� Certifica[ion: COUO[V: ROY COOPER r6,ra��eu� MICHAEL S. REGAN �r,: �,�i�,n LINUA CULPEPPER bi�.i�inr lhrttvor' Certificate of Completion llppi� �p�pplelion uf all work approved within the 401 Waler Quality Ccrtitication or applicable E3utler Rules, and any subseyuent moditications, the applicant is reyuired to retum this certificate ro the 401 Transportation Permitting UniL North Carolina Division o( Wa[er Resources, 1617 Mail Service Center. Raleigh. NC 3 7699-1 6 1 7. This form ma}� be retumed to NCDW'R by the applicant, the applicant's authorir.ed agent, or the pr�ject engineer. I[ is no[ necessarv tu send cettificatec fran all uf ihese. :1 pplicmt!'s CertiJicn�inn I, . hereby state thai. lo [he besi of my abilities, duc care and dilikence was used in the observaiiun of the construction such th�t die consvuction was observed [o be built wi[hin substantial compliance and intent of the 401 Water Quality Certiticarion and I3uffer Rules, the approved plans and specitications, and ulher supporting marerials. Si�,nature: Date: .-I gent'.s Cerlificntinx I, , hereby state �hat, to ihe best ol my abilities, due care and dili�ence was used in the observation of Ihe mnstruction such that ihe construction wns observed tu be built within subs�antial compliance and intent o(the d01 Water Quality Cenification and f3uffer Rules. the approved plans and specifications, and other supportin� materials. Sienalure: Eiigrneer'.�� Cerlificalioi� Pxnial F'inal Da[e: 1, . as a duly registered Professional Engineer in the State of Nonh Carolina, havine been authorized to observe (periodically, weekly, tiill timel the construction of die project for the Pemiittee hereb}' sta�e that, tu the best of my abilities, due care and diligence was used in the observation of the construction such that �he construction was observed [o be buill within substantial compli�nce and intent of the 401 Water Quality Certitication and Butl�er Rules, the approved plans and specificaiiuns, and other supporting materials. Si��naWre Date Reaistration No. !�"Nothing Compares =.,. Suue nf Nunh Carolinn I I;ncirunmrnlul Quaht� InI7M1lud5an�reCentrr Rule�ch.NurthCnrnhna'_7h��4-Ihi7