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Home My WebLink About20190210 Ver 1_Approval Letter_20190228ROY COOPER Govcmor MICHAEL S. REGAN Secrciary LINDA CULPEPPER oirector NOR7 H CARUiINA Envtronmenecf Qrealtry February 28, 2019 Clay County NCDWR Project No. 2019-0210 A-11 Widening of Highway 69 WBS Project No. 32574.1.FD7 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. David McHenry, Division Environmental Supervisor NCDOT, Division 14 253 Webster Road Sylva, North Carolina 28779 Dear Mr. McHenry: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of road wideningin Clay County: Stream Impacts in the Hiawassee River Basin �: � Q�,� Permanent Temporary Fill in Fill in Total Stream Site Perennial Perennial Impact Stream Stream (linear ft) pinear ft) pinear k) S1 106 106 S2 35 35 S3 18 18 S4 123 123 SS 39 39 S6 IS 15 S7 20 20 SS 12 12 S9 41 41 SIO 17 17 S11 15 15 S12 605 605 S13 76 76 S14 116 116 North Carolina Department of Environmen[al Quality I Division of Water Resources 512 North Salisbury S[reet I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 S15 44 44 S76 107 107 S17 5 5 S18 18 18 S19 62 62 S20 25 25 S21 547 547 S22 85 85 S23 115 I15 S24 106 106 S25 234 234 S26 11 11 S27 33 33 S28 10 10 S29 60 60 S30 210 210 S31 88 88 S32 57 57 S33 35 35 S34 126 126 S35 39 39 S36 ISO 1S0 S37 55 55 S38 127 127 S39 SS SS S40 SO 80 S41 51 51 S42 IS 15 TOTAL 1312 2536 3548 Total Stream Impact for Project: 3845 linear feet. Wetland Impac[s in the Hiawassee River Basin ti:�;., � Q�,� Site Fill (ac) Total Wetland Impact (ac) W I 0.06 0.06 W2 0.01 0.01 W 3 0.06 0.06 North Carolina Department of Environmental Qualiry I Division of Wa[er Resources 512 North Salisbury S[reet I 1617 Mail Service Center I Raleigh. North Carolina 27699d617 919.707.9000 W4 I 0.04 I 0.04 W 5 I 0.04 I 0.04 Total � 0.21 � 0.21 Total Wetland Impacts for Project: 0110 Acres The project shall be conshucted in accordance with your application da[ed received February 14, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification Number 4135. This certification corresponds to the Regional General Permit 31 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (bu[ not limited to) Sediment and Erosion Conhol, Non-Discharge and Water Supply Watershed regulations. This approval will expire wi[h [he 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. Ifthe proper[y 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. [f total wetland fills for this project (now or in the fumre) exceed one acre, or of total impacts to streams (now or in [he future) exceed I50 linear feet, compensatory mi[igaiion may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). . Far 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 Condi[ions 1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construc[ion meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at [he permitted site. NCDWR staffshall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3) 2. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or vibra[ion techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted between October I S and April 15 of any year, without prior approval from the NC Division of Water Resources and the NC Wildlife Resources Commission. In-stream work and land dis[urbance within the 25-foot buffer zone are prohibited during the trout- spawning season of Oc[ober I S through April I S to protect the egg and fry s[ages of trout. General Conditions Unless otherwise approved in this certification, placement of culverts and other strucWres in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater [han 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 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 strucwres. The applican[ 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 de[ermine whether or not a permit modification will be required. [I SA NCAC 02H.0506(b)(2)] D_E QJ� North Carolina Department of Environmental Quality I Division of Water Resources ��.^�� ` r 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 v 919.707.9000 2. If concrete is used during consvuction, a dry work area shall be maintained to prevent direct contact between curing concrete and sveam 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] 3. 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. [ISA NCAC 02H.0506(b)(2)] 4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and s[reams shall be res[ored to natural geomorphic conditions. [ 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 stabiliza[ion shall be placed in s[ream channels in such a manner that it does not impede aqaatic life passage. [ISA NCAC 02H.0506(b)(2)] 6. The Permittee shall ensure [hat the final design drawings adhere to [he permit and to the permit drawings submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(�)] 7. 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 watec [15A NCAC 02HA506(b)(3) and (c)(3)] 8. Heavy equipmen[ shall be opera[ed from the banks ra[her [han in [he s[ream channel in order [o minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 1 SA NCAC 02H.0506(b)(3)] 9. AIl mechanized equipmen[ 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)] 10. No rock, sand or other materials shali be dredged from the stream channel except where authorized by this certificatioa [15A NCAC 02H.0506(b)(3)] 1 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 12. The permittee and its authorized agents shall conduct its activi[ies in a manner consisten[ wi[h Sta[e wa[er quality standards (including any requiremen[s resul[ing from compliance with §303(d) ofthe Clean Water Act) and any other appropria[e requirements of State and Federal law. If the 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] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certificatioa [15A NCAC 02H.0506(b)(2)] 14. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. In additioq the Water Quality Certifica[ion and all sabsequent modifications, ifany, 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)] D_E QJ� North Caiolina Department of Environmental Quality I Division of Water Resources ��_. �T� ` � 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 v 919707.9000 15. The outside buffer, wetland or wa[er boundary loca[ed wi[hin [he construction corridor approved by this au[horiza[ion shall be clearty marked by highly visible fencing prior to any land disturbing activities. Impacrs [o areas wi[hin [he fencing are prohibited unless otherwise authorized by this certificatioa [ I SA NCAC 02H.OSO I and .0502] 16. The issuance of this certification does not exempt the Permittee from complying wi[h any and all stamtes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) havingjurisdictioq incloding but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any viola[ions of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impac[s at associated borrow or waste sites), [he NCDOT Division Engineer shall complete and retum 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(�] 19. There shall be no excavation from, or waste disposal in[o, jurisdictional wetlands or waters associa[ed with this permit wi[hout appropriate modification. Shoold waste or borcow sites, or access 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 conshvction activities.[ISA 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 operation and maintenance of such Best Management Practices in order to protect surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment conhol measures for Ihe project must be designed, installed, operated, and maintained in accordance with the most recent version of [he North Corolina Sedrment and Erosion Control Planning and Design Manua(. b. The design, ins[allation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the reqairements specified in the most recent version of the North Carolina Sedimenr and Erosion Con(rol Manual. The devices shall be maintained on all construction sites, bortow sites, and waste pile (spoil) projects, including contractoo-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, opera[ed, and maintained in accordance with [he most recent version of the North Carolrna Surface Minrng Munual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [ 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 the petition fortn from the office of Administrative hearings. You must file [he 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 aceep[s filings Monday [hrough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (I) copy ofthe petition must be filed with the Office of Administra[ive 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: D_E Q�� NORh 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 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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, 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 con[act Kevin Barnettat (828)296-4657 or kevin.bamett@ncdencgov. Sincerely, /yf � � / Linda Culpepper, Director Division of Water Resources Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Marla Chambers, NC Wiidlife Resources Commission File Copy D_E QJ� North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, NORh Carolina 27699-1617 ''�M��"�"�� 919.707.9000 ROY COOPER Govemor MICHAEL S. REGAN Secretary LINDA CULPEPPER Direc�or NOR7 H CARC�LINA Enrlronmental Qualtty NCDWR Project No.: COU11Ly: Applicant: Project Name: Date of Issuance of 401 Water Qoality Certification: Certificate of Completion Upon completion of all work appro ed within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the a plicant is required to retum 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 returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. App(icanPs CertiJication I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the wnstruction such that the construction was observed to be built within substantial compliance and inten[ of the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certiftcatiott I, , hereby state that, to the best of my abilities, due caze 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: Date: Engineer's CerBftca[ion Partial Final f, , as a duly registered Professional Engineer in the Sta[e of North Cazolina, having been authorized to observe (periodically, weekly, full time) the constraction 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 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 Registration No. Date � North Carolina Department of Environmental Quality � Division of Water Resources �� .�� ..��D � ✓� 512 North Salisbury SVeet �� 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 v 919.707.9000