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