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Home My WebLink About20190120 Ver 1_Approval Letter_20190228ROY COOPER Gooemor MICHAEL S. REGAN Secreiar}' LINDA CULPEPPER Director NOR1H CAR�iINA fnWronmentof Qualfry February 28, 2019 Madison County NCDWR Project No. 2019-0120 SR 1631 Extension to SR 1549 W B S Project No. 44834. ]. I APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Roger Bryan, Division Environmental Supervisor NCDOT, Division 13 55 Orange Stree[ Asheville, North Carolina 28801 Dear Mr. Bryan: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of road extension in Madison County: Stream Impac[s in the French Broad River Basin Permanent F511 Temporary Fill in Perennial in Perennial Total Stream Site Stream Stream �P�ct linear ft linear ft ��near fr) Sl 10 10 S2 20 20 S3 20 20 S4 20 20 SS 20 20 S6 41 41 S7 10 ]0 S8 180 180 TOTAL 261 60 321 Total Stream Impact for Project: 321 linear feet. The project shall be consrructed in accordance with your application dated received January 29, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4140. This certification corresponds to the Nationwide Permit 23 issued by the Corps of Engineers. [n 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 [he accompanying 404 permi[. D_E QJ� North Carolina Department of Environmental Quality I Division of Water Resources ��r�� W` ✓ 512 North Salisbury Street j 1617 MailService Center I Raleigh, North Carolina 27699-1617 v 919707.9000 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 applicatioa Ifthe 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 we8and fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in [he future) exceed I50 Iinear fee[, compensa[ory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). . For this approval to remain valid, you most adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction meeting with all appropriate staffto ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staffshall be imited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3) General Conditions Unless otherwise approved in this certification, placement of wlverts 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 wa[er 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 ro 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 me[ due to bedrock or other limiting feaWres encountered during wnstmction, 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)] 2. If concrete is used during construction, a dry work area shall be maintained ro prevent direct contact between curing concrete and stream water. Water that inadverten[ly contacts uncured concrete shall not be discharged ro 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 equipmen[ of any kind is pertnitted in waters of the U.S., or protected riparian buffers. [I SA NCAC 02H.0506(b)(2)] 4. The dimension, pattern and protile of [he stream above and below [he crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ 15A 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 Pertnittee 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 I SA NCAC 02H .0506 (b)(2) and (�)(�)7 D_E QJ� North Ca�olina Department of Environmental Quality I Division of Water Resources �� ..� ` � 512 North Salisbury Street I 1617 Mail Service Cen[er �' Raleigh, North Carolina 27699-1617 v 919.707.9000 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the mos[ current version of NCDOT Construction and Maintenance Activi[ies manual such as sandbags, rock berms, wfferdams and other diversion structures shall be used to prevent excavation in flowing watec [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. 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. [15A NCAC 02H.0506(b)(3)] 9. 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)] 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this cer[ification. [I SA NCAC 02H.0506(b)(3)] 1l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requiremen[s resulting from compliance with §303(d) ofthe Clean Water Act) and any other appropriate requiremen[s of Sta[e 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 certificatioa [ISA 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)] l4. 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 15A NCAC 02H 0506 (b)(2) and (c)(2)] I5. The outside buffer, wetland or water boundary located wi[hin [he construction corridor approved by this authorization shall be clearly marked by highty visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certificatioa [ISA NCAC 02H.0501 and .0502] 16. The issuance of this certification does not exempt the Permittee from comptying 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 bu[ not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimenta[ion control requirements, etc. 17. The Permittee shall report any violations of this certifica[ion 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 impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and remm the enclosed "Certification of Completion Form" to notify the NCDWR when aIl work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�] 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 access roads to waste or borrow sites, be loca[ed in wedands or streams, compensatory mitigation will be required since that is a direct impact from road constmction activities.[ISA 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 I Raleigh, North Carolina 27699-1617 °""�""`"'�"�� 919.707.9000 20. 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]): a. The erosion and sediment control measures for Ihe project must be designed, installed, operated, and maintained in accordance with [he most recent version of the North Carolina Sedrment and Erosion Contro! Planning and Design Manual. b. The design, installation, operation, and main[enance of [he sediment and erosion control measures must be such that [hey equal, or exceed, Ihe requiremen[s specified in the most recent version of the North Carolina Sediment and Erosion Control ManuaL The devices shall be maintained on all construc[ion sites, borrow si[es, and waste pile (spoil) projects, including contrac[or-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[ recen[ version of [he North Carolina Surface Minrng Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2 L Sedimen[ and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] [f you wish to contest any statement in the attached Certification you must file a petition for an administra[ive hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administra[ive Hearings within sixty (60) days of receipt of [his notice. A pe[ition is considered filed when i[ is received in the office of Administrative Hearings during nortnal office hours. The Office of Administrative Hearings aceepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of [he document is received by [he 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 Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of [he petition must also be served on DEQ as follows: Mc BiII 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 Kevin Barnett at (828)296-4657 or kevin.barnett@ncdenr.gov. Sincerely, /� ��' Linda Culpepper, Di ectof r Division of Water Resources D_E QJ� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street �� 1617 MailService Center � Raleigh, North Carolina 2769&1617 `"�"��' �r 919.707.9000 Electronic copy only distribution: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office Marla Chambers, NC Wildlife Resources Commission File Copy � North Carolina Department of Environmental Quality � Division of Water Resources •,c•r.;::�..� D�� 512 North Salisbury Street I 1617 Mail Senice Center I Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER Goecmor MICHAEL S. REGAN Sccrc�an LINDA CULPEPPER Director IYORTH CpRUiINA EnWronmenfol Qeeallry NCDWR Project No.: COIIO[) : Applicant: Project Name: Date of )ssuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and any subsequent modificatioos, the applicant is required to 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 NCDW R by the applicant, the applicanYs authorized agent, or the projec[ engineer. It is not necessary to send certificates from all of these. ApplicanYs CertificuNon I, , hereby state tha[, to the best of my abilities, due care and diligence was used in the observation of the constraction such that the conswction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certifecation I, , hereby state that, to the best of my abilities, due care and diligence was used in the observa[ion of the construction such that the construction was observed to be built within substantial compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Signature: Engineer's Certifteafion Partial Final �, , 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 diligence was used in the observation of the conshvction such that the construction was observed to 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 Registration No. Date D��J� North Ca�olina Department of Envimnmental Qualiry � Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Centei I Raleigh, North Carolina 2769&1617 °'�"'��"y"�� 919.707.9000