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Home My WebLink About20190229 Ver 1_Approval Letter_20190306ROY COOPER co�e��o. MICHAELS.REGAN Secretary LINDA CULPEPPER Direrror NORTH CAROLINA Environmental Quality March 6, 2019 Lee County NCDWR Project No. 20190229 NC42 Widening STIP — R-3830 WBS # ;8887.1.1 Mr. Philip S. Harris, I11, P.E., CPM Projec[ Development and Environmental Analysis North Carolina Department of Transporta[ion 1598 Mail Service Center Ralei�h, North Carolina, 27699-1598 APPROVAL of 401 WATF.R QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS Dear Mr. Harris: Approval is granted, in accordance wi[h the conditions lis[ed below, for the following impac[s [o widen NC 42 from US 421 to SR 1579 and along SR 1579 from NC 43 to SR 1538 located over Patchet Creek in Lee County: Wetland Im ac[s in the Ca e Fear River Basin Site Fill Fill Excavation Mechanized Bank Total Wetland (ac) (temporary) (ac) Clearing (ac) Stabilization Impacts (ac) ac (ac) I 0.008 -- -- -- -- 0.008 2A -- -- -- 0.034 -- 0.034 2 B -- -- -- 0.014 -- 0.014 3A -- -- -- -- 0.044 0.044 3 B -- -- -- 0.008 -- 0.008 4 0.030 -- -- -- -- 0.030 SA -- -- -- -- 0.002 0.002 6 0.030 0.019 -- -- -- 0.049 Totals 0.068 0.019 -- 0.056 0.046 0.189 � otai weuana �mpacts tor rro�cct: U.�t�v acres. �:�M,,.,.,.,�,: Q�� North Carolina Department of Environmenfal Quality I Division of Warer Resources 512 North Salisbury SVeet I 1617 Mail Service Center I Raleiqh. North Carolina 276'19-I611 919 7079000 Stream Im acts in the Ca e Fear River Basin Site Temporary Impacts Permanent Fill Permanent Fill in Permanent Fill in Permanent Fill Total Stream Due to in Perennial Perennial Stream Intermittent in Intermittent Impacts FilUDewatering/Bank Stream Due to Due to Bank Stream Due to Stream Due to (linear feet) Stabilization Culvert Stabilization Culvert Bank (linear feet) (linear feet) (linear feet) (linear feet) Stabilization S1 S2 S3 S4 SS S6 S7 S8 S9 S10 S11 S12 S13 S14 S15 Totals �r.� � m � � � � � � � m � m � m � � � � � � � � m � � � � � � � � � � � m � � � � � m � � � � � � � m � � � � � � � � � m � � � m � � � � � � � � � � � � � m � � Total Stream Impacts for Project: 515 linear feet � The project shall be constructed in accordance with your application dated and received February 22, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to Regional General Permit 31 issued by the Corps of Engineers. Additionally, 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 accompanying 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 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 (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 ]inear feet, compensatory 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 certification and any additional conditions listed below. Conditions of Certifcation: General Conditions 71 14 20 78 18 43 88 16 25 56 13 24 19 20 10 515 1. As a condition of this 40l Water Quality Certification, if bridge demolition occurs now or in the future, the bridge demolition must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [ 15A NCAC 02H.0506(b)(2)] 3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 4. 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] 5. 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)] 6. 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)] 7. The use of riprap above the Normal High-Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [ I SA NCAC 02H.0506(b)(2)] 8. 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)] 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version ofNCDOT 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)] 10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 11. 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)] 12. 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)] 13. Discharging hydroseed mixtures and washing out hydroseeds and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 14. 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. [15A NCAC 02B.0200] 15. 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)] 16. A copy of this Water Quality Certification shall be maintained on the construction site always. In addition, 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 0'2H .0507(c) and 15A NCAC 02H .0506 (b)(2) and ��)�2)� 17. 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. [ISA NCAC 02H.0501 and .0502] 18. 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. 19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) 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(fl] 21. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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)] 22. There shall be no excavation from, or waste disposal into, jurisdictiona] 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 construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 23. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)] a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sedimen[ and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sedrment and Erosron Control Manual. The devices shall be maintained on all conshvction sites, borrow sites, and waste pile (spoil) projec[s, including conhactorvowned or leased borrow pits associated with the project. c. For bomow pit sites, [he erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Minrng Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requiremenu of the Sedimentation Pollution Control Act. 24. Sediment and erosion conhol measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [ISA NCAC 02H.0506(bx3) and (cx3)] 25. All sediment and erosion control devices shall be removed, and the natural grade restored within two (2) months of [he date that the Division of Energy, Mining and Land Resources (DEMLR) or Iocally delegated program has released the specific area within the project [ I SA NCAC 02H.0506(bx3) 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 the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixry (60) days of receipt of this notice. A petition is considered filed when it is received in the otFce of Administrative Hearings during normal office hours. T'he Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for otlicial state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed, providing the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faued transmission. T'he mailing address for the Office of Administrative Hearings is: Oftice of Administrative Hearings 6714 Mail Service Cen[er Raleigh, NC 27699-67I4 Telephone: (919) 431-300Q Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, Genenl 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 Wa[er Act. If you have any questions, please contact April Norton at 919-707-91 I I or April.Norton t(D,ncdenr.eov. cerely, ! , �, ,, l , ��.� � �� 'Lind Culpepper, Director � Division of Water Resources Electronic copy only distribution: Mdrew Williams, US Army Corps of Enginars, Raleigh Field O�ce Chris Rivenbark, NC Depertmrnt ofTransponmion Art King Division 8 Environmentel Superviwr Rex Badgm, Division 8 Environmentel Assistant Jason Dilday, NC Department of Transponstion April Nortoq Division of Warer Resoumes, Central O�ce File Copy ROY COOPER co�e�„�� MICHAEL S. REGAN Secremry LINDA CULPEPPER Direcror NCDWR Project No.: Applicant Project Name: Date of Issuance of 401 Water Quality Certifica[ion: NORTH CAROLINA Environmenml Quality County: Certificate of Completion Upon comple[ion of all work approved within the 401 Water Quality Certifica[ion or applicable Buffer Rules, and any subsequen[ modifications, [he applican[ is required [o return Ihis certificate [o the 401 Transporta[ion Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fortn may be re[umed [o NCDWR by [he applican[, the applicant's authorized a�ent, or the projec[ engineer. It is not necessary to send certificates from all of these. App/icnnPs Certification 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 ro be built within substantial compliance and inten[ of [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� ma[erials. Si�nature: Da[e: ,4gen/'s Cer�ifrca/ion 1, , hereby state tha[, [o the bes[ of my abilities, due care and diligence was used in [he observa[ion of the construc[ion such [ha[ [he construction was observed ro be buil[ wi[hin substantial compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, [he approved plans and specifica[ions, and o[her supporting ma[erials. Signature: Date: Engineer's Certifrealion Partial Final I, , as a duly registered Professional Engineer in [he State of North Carolina, having been aothorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abili[ies, 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 specifications, and other supporting materials. Signature Da[e ��., ......��,, Q�� Registration No. North Carolina Department of Environmental Quality I Division of Warer Resources 512 North Salisbury Strret I Ibll Mail Service Center I Raleigh. North Carolina 2 7 6 9 9-1611 919 707q000