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Home My WebLink About20171597 Ver 2_Approval Letter_20190328ROY COOPER Gavernar MICHAEL 5. REGAN sF�, Pm�y LINDA CULPEPPER Director NORIH CAROLINA Environmenml Quality March ?8, 2019 Chatham County NCDWR Project No.20171597v? Bridoe 19 Replacement WI3Sti41665.3H Mr. Art King Division Environmental Supervisor North Carolina Department oCTransponation 902 North Sand Hills Blvd Aberdeen, North Carolina, 27281 APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS Dear Mr. hing: Approval is aran[ed, in accordance with the conditions listed below, for the followin� impacts to replace Bridge 19 located over Deep River on NC 42 at the Cha[ham/Lee Countyline: Site SI Totals Temporary Impacfs Permanent Fill in Perennial Due to S[ream Due [o Conservation Work Pad/Causeway/Fill Easemen[ linear feet) linear feet - �i9 - 259 Total Stream Impac[s for Project 259 linear feet To[al Strcam I mpacts (linear feeq �i9 259 The project shall be constructed in accordance with your application dated and received December I5, 2017 with subsequent information received on December 18, 2017 and March 22, ?019. After reviewing your application, we have decided that these impacts are covered by General Wacer Qualiry Certitication Number 4i32. 'fhis cenificaiion corresponds ro Nationwide PermiT 3 issued by The Corps of Engineers. Additionally, you should acquire any other federal, state or local permits before you proeeed with your project including (bu[ no[ limited to) Sediment and Erosion Control. Non-Discharge and Water Supply Watershed regulations. This approval will espire with the accompanying 404 permit. This approval is valid solely for the purpose and desi�n described in your application (unless modified below). Should your project change, you must notity the NCDWR and submit a new application. If the property is sold, the new owner must be �iven a copy of this Certification and approval letter and is thereby responsible for complyin� with all the conditions. If total wetland fills for this project (now or in the fumre) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in ISA NCAC 2H .0506 (h) (6) and (7). For [his approval to remain valid, you must adhere [o the conditions listed in the cettifica[ion and any additional conditions listed below. D_E Q�� North Carolina Department of Environmental Quality I Division of Warer Resources 512 North SalisAury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-Ibll �.,�„lM�mt,.:;�.�.�.Uo.,�\ /"� 9�97079000 v Conditions of Certification: 1. As a condition of this 401 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 ofNCDOT'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. [15A 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. [15ANCACO2H.0506(b)(3)] 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ I SA NCAC 02H.0506@)(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) ofthe Clean Water Act) and any other appropriare requirements of Sta[e and Federal Iaw. Ifthe NCDWR determines [hat 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 ro assure compliance, the NCDW R may reevaluate and modify this certifica[ion. [15A NCAC 02B.0200] I5. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ISA 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 managec [ISA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (�H�)] 17. The outside buffer, wetland or water boundary located within the construction corridor approved by this authoriration, 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 othenvise authorized by this certification. [ I SA NCAC 02H.0501 and .0502] 18. The issuance of this certification does not exempt the Pertnittee 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, stortnwater management rules, soil erosion and sedimentation control requirements, etc. 19. The Pertnittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ I SA NCAC 026.0506(b)(2)] 20. Upon completion of the project (including any impacts at associated bomow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) 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. [ISA NCAC 02H.0502(�] 21. Native riparian vegetation (i.e., trees and shrubs na[ive to your geographic region) mus[ be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion ofconstruction. [ISA NCAC 026.0506(bx2)] 22. 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, tie in wetlands or streams, compensarory 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 goveming the proper design, installation and operation and maintenance of such Best Management Practices to protect surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3)] a. The erosion and sediment control measures for the project must be designed, installed, operated, and main[ained in accordance with the most recent version of the North Carolrna Sediment and Erosron Control Planning and Design Manual. b. The design, ins[allation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolrna 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 main[ained in accordance with the most recent version of the North Carolrna Surface Mining Manual. d. The reclamation measures and implementa[ion mus[ comply with the reclamation in acwrdance with [he requirements of the Sedimentation Pollution Control Act. 24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [ I SA NCAC 02H.0506(b)(3) and (c)(3)] 25. All sediment and erosion control devices shall be removed, and the natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [ISA NCAC 02H.0506(b)(3) and (c)(3)] Ifyou wish to contest any sta[ement 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 sixty (60) days of receipt of [his notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Otlice of Administrative Hearings accepts 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 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 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 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 Act. If you have any questions, please contact April Norton at 919-707-9111 or Aoril.Norton(�ncdenr.�. Sincerely, � Li a Culpeppe� � rvision of Water Resources Electronic copy only disvibution: Andrew Williams, Corps, Raleigh Regulatory Oflice Rex Badgett, NCDOT, Environmental Assistant Gary Jordan, US Fish and Wildlife Service April Nortoq NCDWR, Central Office File Copy