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HomeMy WebLinkAbout20181149 Ver 1_Approval Letter_20180821�,� NOR7H CAROiINA ROY COOPER Enrlronmenm! Qualfty Gnvrmd MICHAEL 5. REGAN spc.rm.v L{NDA CULPEPPER rrtre.rm o+re�cyar August 21, 2018 Sampson County NCDWR Project No.20181149 SR 1004 (llnion School Road) State Project No. WBSN 3B.20821 I APPROVAL of 101 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr. Mason Herndon. Environmental Program Supervisor NCDOT, Division 3 >>01 Barbados Blvd. Castle Hayne, NC 28=129->647 Dear Mr. Hemdon: You have our approval, in accordance with the condi[ions listed below, for the following itnpacts for the purpose of replacing a pipe on SR 1004 (Union Schoul Road) in Sampson County� Stream Im ac[s in the Ca e Fear River Basin Permanen[ Fill Temporary Fill Permanent Fill Temporary Fill Total Stream Stream Impacts in In[ermittent in Intermittent in Perennial in Perennial Requiring Site Im�mct Stream tifream S[ream . Stream Mi[i�ation (linear ft) (linear fQ (linear ft) Qinear ft) (linear k) (linear ft) I ? 10 I> IJiA 0 0 T07;1L 0 0 5 IO I� N/A Total Stream Impacl (or Projech 1� linear feet. The pro_ject shall be constructzd in accordance with your application dated received Au�ust I7, 3018. After reviewine your application, we have decided that these impacts are covered by General Warer Quality Certification Number 4132. This certification corresponds to the Natiomvide Permit 3 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local pemiits before you proceed with your project including (but not limited to) Sediment and Erosion Control. Non-Discharge and Water Supply Watershed re�ulations. This approval will expire with the accompanying d04 permit. This approval is valid solely for the purpose and desi;n described in your application (unless modified below). Should your project change, �ou must notify the NCDWR and submit a new application. If the propeny is sold, the new owner must be �ive� a copy of this Cenification and approval letter, and is thereby responsible for complying with all the condi[ions. If [otal wetland tills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the fumre) exceed I50 linear (eet, compensatory mitieation may be required as �.u.._._..� Q�� North Carolina Department of Environmental QualRy Division of Water ResourCeS 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. Due to the existing geomorphological conditions at the site as described in your application received on August 17, 2018, the pipe replacement will not meet the burial requirement of GC 4132 of 1 foot. The proposed culvert wil l be buried 0.9 foot at the inlet invert and will be on a 3 percent slope, resulting in the outlet having a 1.5' fall. The culvert shall be installed per the proposed plan (dated 8/I S/2018) and 5 linear feet of rip rap at the downstream pipe outfall. If any compliance issues with the culvert occw, DWR may require DOT to submit a modification of this culvert design. [ 15A NCAC 02H.0506(bx2)] Genersl Conditions 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the eleva[ion of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for wlverts 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 upstream and downstream of the above suuctures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDW R. If this condition is unable to be met due to bedrock or other limiting features encountered during conswction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification wili be required. [ 15A NCAC 02H.0506(bx2)] 3. If concrete is used during conshvction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water tha[ inadvertently contacts uncured concrete shall not be dischazged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ISA NCAC 028.0200] 4. 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)] 5. The dimension, pattem and profile of the stream above and below the crossing shall not be modified. Disturbed Floodplains and streams sha11 be restored ro natural geomorphic conditions. [15A NCAC 02H.0506(bx2)] 6. 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 dces not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 7. The Permittee shall ensure that the final design drawings adhere ro 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)] 8. 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 bertns, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [ISA NCAC 02H.0506(bx3) and (c)(3)] 9. 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)] D E� North Carolina Department of Environmental Qualky � Division of Water Resources 512 North Salisbury 5[ree[ � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 10. All mechanized equipment operated neaz surface waters must be regularly inspected and maintained to prevent contamination of sheam waters from fuels, lubricanu, hydraulic fluids, or other toxic materials. [ I SA NCAC 02H.0506(b)(3)] 1 l. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ I SA NCAC 02H.0506(b)(3)] 12. Discharging hydroseed mixtures and washing out hydroseeders and o[her equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 13. The permittee and its authorized agents shall conduct its activities in a manner wnsistent 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 ro 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 026.0200] 14. AII fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ I SA NCAC 02H.0506(bx2)] I5. 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 managec [ISA NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (�HZ)l 16. The outside buffer, wedand or water boundary located within the conswction cortidor 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. [15A NCAC 02H.0501 and .0502] 17. The issuance of Ihis 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, stortnwater management rules, soil erosion and sedimentation control requirements, etc. 18.The Permittee shall report any violations of this certification to Ihe Division of Water Resources within 24 hours ofdiscovery. [15A NCAC 02B.0506(bx2)] 19.Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and retum the encbsed "Certification of Completion Fortn" to notify the NCDWR when all work included in the 40l Certification has been completed. [ISA NCAC 02H.0502(�] 20.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.0231(ax6)] 21. There shall be no excavation from, or waste disposal into, jurisdictional weNands or waters associated with [his pertnit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensarory mitigation will be required since that is a direct impact from road construction activities.[15A NCAC 02H.0506(bx3) and (c)(3)] 22. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]): D_E� North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 276931617 919.707.9000 a. The erosion and sediment control measures for the project must be designed, installed, opereted, and maintained in accordance with the most recent version of the North Carolrna Sediment and Erasion Control Planning and Desrgn 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 Sediment and Erosion Contro! Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contracrorowned or leased borrow piu associated with [he project. c. For bortow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the mos[ recent version of the North Carolrna Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [ I SA NCAC 02H.0506(b)(3) 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 [his 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 S:OOam and S:OOpm, except for official state holidays. The original and one ( I) copy of the petition must be filed with the Otlice of Administrative Hearings. The petition may be faued-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 Heazings 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 Joanne Steenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov. Sincerely, G��`�-��, �.inda ulpepper, Interim Director ' Division of Water Resources Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Chris Dustin, NCDOT Division 3 File Copy D_E � North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 2 7 69316 17 919.707.9000 ROY COaPER GOMtMM MICHAEL S. REGAN $PCfPlAf� L{NDA CULPEPPER lntertm lkkm'ta NOR7H CAROLINA Enwmnmearot Quarrry NCDWR Project No.: ApplicanL• Projec[ Name: County: Da[e of Issuance of d01 Wa[er Quali[y Certification: Certificate of Comple[ion Upon completion of all work approved within the 401 Water Qualiry Certitication or applicable Bu%r Rules, and any subsequent modifications, thz applicant is required to remm this certificate to the 401 Transportation Permittin� Unit, North Carolina Division of Wa�er Rzsources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applirant, the applicant's authorized agent, or the project engineer. It is not necessary [o send certiticates from all of these. ApplicanYs Cerlificnliow �, , hereby stare that. [o the best of my abili[ies, due care and diligence was used in Ihe observation ofthe construction such that the construction was ubserved to be built wi[hin substantial compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and odier supportine mlterials. Si_nature: Dare: .Agen7's eerriJicaiion I, , hereby state that, to the best of my abilities, due care and diligence was used in [he observation of the cons�ruction such lhat the construction was observed to be built within substantial compliance and intent ofthe 401 Water Qualiry Certitica[ion and Buffer Rules, the approved plans and specifications, and other supportin�, materials. Sienawre: Eirginee�'s CerlificrVion Paitial Final Date: �, , as a duly registered Professional Engineer in [he State of North Carolina, havin� been audiorized [o observe (periodically, weekly, full time) the construction of the project for the Permittee hcreby state that, to the best of my abilities, due care and diligence was used in die observa[ion of the construction such that the construction was observed ro be built wi[hin substantial compliance and intent of the 401 Water Quality Certilication and Buffer Rules, the approved plans and specifications, and o[her supporting ma�erials. Signature Date Registration No. �.. �: Q��' North Carolina Department of Environmental Quality I Division of Water Resources 512 North Sa�isbury Street I 1617 Maii Service Center I Raleigh, North Carolina 27699-1617 919.707.9000