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Home My WebLink About20181664 Ver 1_Approval Letter_20190107ROY CO�PER c�rv'.,�M MICHAEL S. REGAN senerary LINDA CULPEPPER rnrrrim oirei-ra NORTH CAROiINA Envlronmeneo! Qnalfry January 7, 2019 Ashe County NCDWR Project No. 20181664 Bridge 23 on NC 194 WBS Number. 17BP.t l.R.182 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Heath Slaughter Division Emironmental Officer NCDOT, Division I I 801 Statesville Road North Wilkesboro, NC28659 Dear Mr. Slaugh[er: You have our approval, in accordance with [he conditions listed below, for the following impacts for replacing Bridge 23 with a triple barreled RCBC in Old Field Branch in Ashe County: Stream Imoacts in the New River Permanent Fill in Perennial Stream Temporary Fill in Perennial Site (��near ft) Stream (Iinear ft) Fill Bank Stabilization Stabilization Dewatering I 58 76 - - tals 58 76 - Total Stream Impact for Projech 134 linear feet. Stream Impacts Requiring Mitigation (linear ft) The project shall be constmcted in accordance with your application dated received December 7, 2018. After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality Certifica[ion (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but no[ limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the corresponding 404 permi[. This approval is valid solety for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new applicatioa If the property is sold, the new owner must be given a copy of [his Certification 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 �wM � Q�� North Carolina Department ot Envi�onmental Quality I Division of Wate� Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 impac[s to streams (now or in the future) exceed 300 linear fee[, compensarory mitigation may be required as described in 15A 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. Condition(s) of Certification: Project Specific Conditions I. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from [he most current version of NCDOT Construction and Main[enance Ac[ivities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used [o prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in stric[ compliance wi[h the most recent version of NCDOT's Best Managemen[ Practices for Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. Culvert barrels shall be designed to mimic natural stream cross section as closely as possible including pipes or bartels at flood plain eleva[ion and/or sills where appropria[e. W idening the stream channel should be avoided. SReam channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] 4. This project has the po[ential to impact trout waters or other aquatic species of concem. No construction activi[ies shall begin un[il the NCWRC makes a determination regarding moratoria. Should the NCWRC de[ertnine that a moratorium is applicable then the requirements of any mora[orium(s) shall be a condi[ion of this 401 Certifica[ion. If the NCDOT does not wish to honor the mora[orium, then a written modification shall be sobmitted. [15A NCAC 02H.0506(b)(3) and (c)(3)] 5. Stormwater shall be directed to vegeta[ed buffer areas, grass-lined di[ches or other means appropria[e to the site for pre-[reating storm water runoff prior to discharging directly inro streams. Mowing of existing vegeta[ed buffers is strongly discouraged. [ISA NCAC 02H.0506(b)(3) and (c)(3)] 6. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.OI24[a]-[e]) for erosion control measures. 7. NCDOT shall be in compliance with the NCS000250 issued ro the NCDOT, including the applicable requirements of the NCG010000. Please note the extra protections for the sensitive watersheds. General Conditions L 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 wa[ers due to the potential for eleva[ed pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 2. During the construction of the projec[, 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 dimensioq pattem 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)] �..._�:,...D Q�,� North Carolina Departmen[ of Environmental Quality I Division of Water Resources 512 North Salisbury Sbeet I 1617 Mail Service Center �, Raleigh, North Carolina 27699-1617 919707.9000 4. 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 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aqua[ic life. Design and placemen[ of culverts and other structures including [emporary erosion control measutes shall not be condacted 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. [I SA 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 permit drawings submitted for approvaL [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)] 7. Heavy equipment shall be operated from the banks rather than in the stream chancel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)] 8. All mechanized equipment operated near surface waters must be regularly inspected and maintained [o prevent contamination of stream waters from Poels, lubricants, hydraulic fluids, or other toxic materials. [ISA NCAC 02H.0506(b)(3)] 9. No rock, sand or other ma[erials shall be dredged from the stream channel excep[ where authorized by this certification. [ISA NCAC 02H.0506(b)(3)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipmen[ in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 1 L The permittee and its authoriaed agents shall conduct its activities in a manner consistent with State water q�ality standards (including any requirements resulting Rom 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 failore to sustain a designated or achieved use) or that State or federal law is being violated, or that fuRher wnditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certificacion. [15A NCAC 02B.0200] 12. 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)] 13. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. In addition, the Warer Quality Certification and alI subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 14. The ootside buffer, wetland or wa[er boundary located 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 the fencing are prohibited unless otherwise authorized by this ceRification. [15A NCAC 02H.0501 and.0502] I5. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regolations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and federal) having jurisdiction, incloding but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation conVol requirements, etc. �:. � Q � North Carolina Department of Environmental Qualiry I Division of Water Resources 512 North Salisbury S[reet I 1617 Mail Service Center I Raleigh, North Carolina 2769&1617 919J07.9000 16. The Permittee shall report any violations of this certifica[ion to the Division of Water Resources within 24 hours of discovery. [I SA NCAC 02B.0506(b)(2)] 17. Upon completion of the project (incloding any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) shall complete and retorn [he enclosed "Certification of Completion Form" to notify the NCDWR when aIl work included in the 401 Certification has been completed [15A NCAC 02H.0502(�] I8. Native riparian vegetation must be reestablished in [he riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02H.0506(b)(3) and (c)(3)] 19. 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 aceess roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] 20. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and opera[ion and maintenance of such Best Management Practices in order to pro[ect surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment control measures for the projec[ must be designed, installed, opera[ed, and maintained in accordance with the most recent version of the North Carolina Sedimeni and Erosion Control Planning and Design Munuu[. b. The design, installation, opera[ion, and maintenance of the sediment and erosion control measures most be such that they equal, or exceed, the requirements specified in the mos[ recent version of the North Carolinu Sediment and Erosion Control 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 borrow 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 Carolina Surface Minin� Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of [he Sedimeotation Pollution Control Act. 21. Where placement of sediment and erosion conVol devices in wetlands and/or waters is onavoidable, they shall be removed and the natural grade restored upon completion of [he project [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 [he petition form from the office of Administrative hearings. You mus[ file the peti[ion 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 Administra[ive Hearings during normal office hours. The Office of Administra[ive Hearings accep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (I ) copy of [he petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided [he 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 Adminisaative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-300Q Facsimile: (919) 431-3100 � �.,m� �.-�' North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919707.9000 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 Ac[. If you have any questions, please contact Dave Wanucha at (336) 776-9703 or dave.wanucha@ncdenr.gov. Sincerely, Li d Ipepper, Dir ctor �� Division of Water Resources Electronic copy only distribution: Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy �::::.�.:_..Y� Q�,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER GOVMIIM MICHAEL S. REGAN Seaerary. L{NDA CULPEPPER lrt+eefm D+rccra NCDWR Project No.: Applicant: Project Name: NORiH CARO�INA EnWronmento! Qualfry County: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required ro 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 retumed to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not necessary to send certificates from all of these. Applicanl's Certifrcation 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 construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature: Date: Agent's Certification I, , hereby s[ate that, to the best of my abilities, due care and diligence was used in the observation of the construc[ion such that the construction was observed to be built within substantial compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature: Date: Engineer's Certifica6on Partial Final 1, , as a duly registered Professional Engineer in Ihe 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 observation of the construction such that the construction was observed ro be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Regis[ra[ion No. � Q�,� North Carolina Department of Environmental Quality , Division of Water Resources 512 North SaliSbury Street I 1617 Mail Service Center I Raleigh, North Car0lina 27699-1617 919707.9000 � �