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Home My WebLink About20181267 Ver 1_Approval Letter_20180926ROY COOPER Gnvrma✓ MICHAEL S. REGAN SPClP7�fY LINDA CULPEPPER rrtta�vn a.rna NOR7 H CARULINA Envlronmenfo! Q�ealfty September ?6, 2018 Avery County NCDWR Project No. 20181267 Bridge �6 on SR 1321 WBS Number: 178P.1 I.R.I 18 APPROVAL of A01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Heath Slau�hter Division Emironmental Officer NCDOT, Division I I 801 Statesville Road North Wilkesboro, NC 286i9 Dear Mr. Slaugh[er: You have our approval, in accordance with [he conditions lisfed below, for the following impacts for replacing Bridge 56 with a new bridge over Curtis Creek on Curtis Creek Road in Avery County: Stream Imnac[s in the Permanent Fill in Perennial S[ream Temporary Fill in Perennial Si[e (��near k) Stream (linear ft) Fill Bank S[abilization Stabiliza[ion Dewa[ering I - 45 - 22 ? g - - 1 1 [als 8 45 - 33 Total Stream Impact Tar Project: 86 linear feet. Stream Impacts Requiring Mitigation (linear ft) The project shall be construc[ed in accordance with your application dated received September 13, 2018. After reviewing your applica[ion, we have decided that the proposed impacts are covered by General Water Quality Certifica[ion (GC) Number 4132. This GC cortesponds to US Army Corps of Engineers Nationwide Permit 3. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the wrresponding 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDW R and submit a new application. If the property is sold, the new owner must be given a copy of this Certitication and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 impacts to streams (now or in the future) e�ceed 300 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7 �. Por this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional cooditions lisred below. Condi[ion(s) of Certification: Pruject Specific Conditions I. The post-construction removal of any temporarv bridge shuctures must retum the project site to its preconstruction contours and elevations. l'he impacted areas shall be reveeetared with appropriate native species. [I SA NCAC 02H .0506(b)(2) 2. This project has [he potential [o impact trout warers or other aquatic species of concern. No consVuction ac[ivi[ies shall be�in until the NCWRC makes a determination regardine moratoria. Should the NC WRC de[ertnine that a moratorium is applicable then [he requimments of any mora[orium(s) shall be a condition of this 401 Certifica[ion. If the NCDOT does not wish to honor [he moratorium, then a written modification shall be submitted. [I�A NCAC 02H .0506(b)(2) and I SA NCAC OdBA125] 3. All work in or adjacen[ ro stream waters shall be conduc[ed 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 �owine watec [ I SA NCAC 02H.0506(b)(3) and (c)(3)] 4. For impacts [o streams due to site dewa[erine activities. the si[e shall be graded [o i[s preconstruc[ion contours and reveQetated wi[h appropria[e native species. [ISA NCAC 02H.0506(b)(2)] 5. As a condition of [his 401 Water Quality Certification. the bridge demolition and construction mus[ be accomplished in strict compliance with the mos[ recent version ofNCDOT's Best Manaeemenl Practices for Construction and Maintenance Ac[ivi[iea [ I SA NCAC 02H .0507(d)(Z) and I�A NCAC 02H .0�06(b)(�)] 6. Bridge deck drains shall not discharge directly into [he stream. S[ormwater shall be directed across the 6ridge and pre-treated through si[e-appropriate means (grassed swales, pre-formed scour holes, veeetated buffers. etc.) before entering the stream. [ I SA NCAC 02H .0507(d)Q) and 15A NCAC 02H .0506(b)(5). General Conditions I. I f concre[e is used durine construction, a dry work area shall be mainlained ro prevent direct contact between curing concrete and stream water. Water that inadvertendy contacts uncured concmte shall not be discharged to surface waters due to the porential for elevated pl-I and possible aquatic life and tish kills. [15A NCAC 026.0200] 2. During [he construction of the project, nu staging of equipment of any kind is perniitted in waters of the U.S., or protected riparian bufPers. [ISA NCAC 02H.0506(b)(2)J 3. The dimension, pattem and profile of the stream above and below the crossin_ shall not be modified. Disrurbed Floodplains and streams shall be restored ro natural _eomorphic conditiona [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. [15A NCAC 02H.Oi06(b)(2)] � ._._��...D E�,� North Carolina Department of Environmental Qualiry I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center I Raleigh. North Carolina 276991617 91970�.9000 5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [I �A NCAC 02H .0507(c) and I SA NCAC 02H .0�06 (b)(2) and (c)(3)J 6. Heavy equipment shall be opera[ed from [he banks ra[her than in the s[ream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ I iA NCAC O�H.0506(b)(3)] 7. All mechanized equipment operated near swface waters must be regularly inspected and maintained to prevent con[amination of stream wa[ers from fuels, lubricants, hydraulic fluids, or o[her [oric materials. [ISA NCAC 02 H.0506(b)(3 )] 8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ISA NCAC 02H.0506(b)(3)] 9. Discharging hydroseed mirtures and washing out hydroseeders and other equipmen[ in or adjacen[ to surface wa[ers is prohibited. [ISA NCAC 02H.0506(b)(3)] 10. The pertnittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including an}� requirements resulting from compliance with $303(d) of the Clean Water Act) and any o[her appropriate requiremen[s of S[ate and Federal law. If the NCDWR determines tha[ 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 certificatioa [ISA NCAC 026.0200] 1 I. All 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(b)(?)] 12. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer and the on-site project manager. [I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] 13. The outside buffer, we[land or water boundary locared 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 [he fencing are prohibited unless otherwise authorized by this certifica[ion. [ISA NCAC 02H.0501 and.0502] 14. The issuance of this certification does not exempt the Permittee from complyin� with any and all stamtes, 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. I5. The Pemiittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ I SA NCAC OZB.0506(b)(2)] 16. Upon completion of the project (including any impacts a[ associated borrow or was[e sites), [he NCDOT Division Eneineer (or appointee) shall complete and return the enclosed "Certification of Completion Form" [o notify [he NCDWR when all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�] 17. Native riparian vegetation must be rees[ablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] IS. There shall be no excavation from, or waste disposal into, jurisdictional wedands or waters associated with this permit without appropriate modificatioa Should waste or borrow sites, or access roads to waste or borrow sites, �.,.. � Q��' North Carolina Department of Environmental Qualiry I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center � Rafeigh, North Carolina 27699-1617 919.707.9000 be locared in wetlands or streams, compensarory mitis,ation will be required since that is a direct impact from road construction activities. [ISA NCAC 02H.0906(b)(3) and (c)(3)] 19. Erosion and sediment control practices must be in full compliance with all specifications �oveming the proper desien, installation and operation and maintenance of such Best Manaeement Practices in order to pro[ect surface waters standards [ISA NCAC 02H.0�06(b)(3) and (c)(3]): a. The erosion and sediment convol measures for the project must be designed, installed, operated, and maintained in accordance with [he mos[ recen[ version of Ihe Nord� Carolina Sedunenr und Er<ision Cuntro! Plunnin,K ��nd De.sigw Manunl. b. The desi;n, instaliation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, tl�e requirements specified in the most recent version of the Nnrrh C'orolinn Sedrmem ond Erosion Cnntrol ,tiluneml. The devices shall be maintained on all construc[ion sites, borzow si[es. and waste pile (spoil) projects.. including contractor-owned or leased borrow pits associa[ed wi[h the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance wi[h the most recent version of the North CarolD�n Sur(nce hfining Afnnuul. d. The reclamation measures and implementation inust coinply with the reclamation in accordance with the requirements of the Sedimemation Pollution Control Act. 20. Where placement of sediment and erosion control devices in wedands and/or waters is imavoidable, they shall be removed and the naCural grade resrored upon completion of the prqject. � I SA NCAC 02H.0506(b)(3) and (c)(3)j If you wish to contest any statement in the attached Certitication you must tile a petition for an administrative hearin,. You may obtain the petition fonn from the office of Administrative hearings. You must file the petition wi[h [he oftice of Administrative Hearings widiin sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings durin� nomial oflice hours. The Oftice of Administrative Hearin,s accepts filings Monday throueh Friday be[ween [he hours of S:OOam and S:OOpm, except for ofticial state holidays. The orieinal and one ( I) copy of the petition must be filed with the Office of Administra[ive Hearines. The petition may be faxed-provided [he original and one copy of the dowment is received by the Office of Administrative Hearines within tive (5) business days following the faxed transmission. The mailing address for the Oftice of Administrative Hearings is: Office of Adminis[rative hlearin,�s 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 DGQ as follows: Mc BiII F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Cen[er �� Q�,� North Carolina Department of Environmental Quahry I Drvision of Water Resources 512 North Salisbury Streel 1617 Mail Service Center � Raleigh. North Carolina 27699d61 % 919707.9000 �� 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 Dave Wanucha at (336) 776-9703 or dave.wanucha@ncdenr.gov. „ Sincerely, V� �,N J `�-. Linda Culpepper, In erim Direc[or Division of Water Resources Electronic copy only distribution: Steve Kichefski, US Army Corps of Engineers, Asheville Field Office Marella Buncick, US Fish and Wildiife Service Marla Chambers, NC Wildlife Resources Commission EPUCt�ncdot.eov �:�.:_.,� Q�,� North Camlina Department of Environmental Quality � Division of Water Resowces 512 North Salisbury Street � 161� Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER GOl'f/rtM MICHAEL S. REGAN Svcrerary LINDA CULPEPPER lrttervn O+rnYor NORi H CARO'�INA Envfronmmfol QualMy NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: Certificate of Comple[ion Upon completion of all work approved wi[hin the 401 Water Quality CertiYication or applicable Bufler Rules, and any subsequen[ modifica[ions, the applicant is required to return this certificate to the 401 Transporta[ion Permit[ing Unit, North Carolina Division of Water Resources. 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form may be retumed [o NCDWR by Ihe applican[, [he applicant's au[horized agent, or [he projec[ engineer. I[ is no[ necessarv ro send certificates from all of these. Applicanl's Cer�ifica�ion I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the cunstruction was observed to be built within substantial compliance and intent of the d01 Water Quality Certification and Buffer Rules. Ihe approved plans and specifications, and other supporting materials. Signawre: Date: ,4gen1's Cerlifica7ion 1, , hereby s[a[e that, ro the best of my abilities, due care and dili�encz was used in the observation of the construction such that [he construction was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certificatio� and Buffer Rules, [he approved plans and specifications, and other supportine materials. Si�nature: Date: Engiiieer's Certificulion Partial Final I, , as a duly registered Professional 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 dili;ence was used in the observation of the construction such that the construc[ion 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. SignaCure Date Registration No. � d..�.:......_-o� \ i+� �" Y North Carolina Department ot Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 276991617 919.707.9000 ��