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Home My WebLink About20181716 Ver 2_Approval Letter_20190411ROY COOPER Govemor MICHAEL S. REGAN Secraiaq� LINDA CULPEPPER Direcmr NON I H CF.RUiINA £nvfronmenta! QualMy April I I, 2019 Haywood County NCDWR Project No. 2018-1716 Ver. 2 Haywood County Bridges 175 & 174 WBS Project No. 14SP20441.1 & 2 APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS Mr. Patrick Breedlove, Division Environmental Specialis[ NCDOT, Division 14 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Breedlove: You have our approval, in accordance with the conditions listed below, for [he following impacts for the purpose of bridge replacements in Haywood County: Total Stream Impact for Project: 405 linear feet. The project shall be constructed in accordance with your application dated received December 18, 2018, and modification request dated March 25, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4I32. This certification corresponds to the Nationwide Permit 3 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 (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 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 application. If the property is sold, the D_E QJ� 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 V 919707.9000 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 [o streams (now or in the future) exceed 150 linear feeC compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). . For [his approval [o remain valid, you must adhere to the wnditions listed in the attached certification(s) and any addi[ional conditions lis[ed below. Condition(s) of Certification: Project Specific Conditions 1. The permittee will need to adhere to aIl appropriate in-water work moraroria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted between October I S and April I S of any year (for bridge 145. No moratorium is required for bridge 144), without prior approval from [he NC Division of Water Resources and [he NC Wildlife Resources Commission. In-stream work and land disturbance within the 25-foo[ buffer zone are prohibited during the trout- spawning season of Ocrober I S through April 15 to protect the egg and fry stages of trout. 2. The NCDOT Division Environmental Officer or Environmental Assistant will conduc[ a pre-construc[ion meeting with all appropriate staff to ensure that the project supervisor and essen[ial staff understand the potential issues with stream and pipe alignment a[ [he permitted site. NCDWR staff shall be imited to the pre-construction meeting. [ISA NCAC 02H.0506(b)(2) and (b)(3) General Conditions Unless otherwise approved in this certification, placement of culverts and other struc[ures in open wa[ers and streams shall be placed below the eleva[ion of the streambed by one foo[ for all culverts with a diameter grea[er than 48 inches, and 20 peroent of the culvert diameter for wlverts having a diameter less [han 48 inches, to allow low flow passage of water and aqua[ic life. Design and placement of culverts and other structures inclading 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 ofthe above structures. The applican[ is required [o provide evidence [hat the equilibrium is being maintained if requested in writing by NCDWR. If [his condition is unable to be met due [o bedrock or other limi[ing features encoun[ered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02HA506(b)(2)] 2. If concrete is used during cons[ruction, a dry work area shall be main[ained ro preven[ direc[ contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the porential for elevated pH and possible aquatic life and fish kills. [I SA 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. [15A NCAC 02H.0506(b)(2)] 4. The dimension, pattem and profile of [he stream above and below [he crossing shall no[ be modified. Dismrbed floodplains and streams shal l be restored to natural geomorphic conditions. [ I SA NCAC 02H.0506(b)(2)] D E�J� North Carolina Department of Environmental Qualiry I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 °'""""��"�°'�� 919.707.9000 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 stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 03H.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 [ISA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(�)l 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 o[her diversion structures shall be used to prevent excavation in flowing water. [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 ro minimize sedimentation and reduce the introduction of other pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of sveam 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 certification. [ISA NCAC 02H.0506(b)(3)] I I. 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 i[s authorized agents shall conduct its activities in a manner consisten[ with State water qualiry s[andards (including any requirements resul[ing from compliance with §303(d) ofthe Clean Water AcQ and any other appropriate requirements of State and Federal law. If the NCDWR de[ermines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or tha[ State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevalua[e and modify this certification. [ I SA 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 certification. [15A NCAC 02H.0506(b)(2)] 14. A copy of [his Water Quality Certification shall be maintained on the constmction site at all times. 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 ISA NCAC 02H .0506 (b)(2) and (c)(2)] 15. The outside buffer, wetland or water boundary located wi[hin the construction corridor approved by this au[horization shall be clearly marked by highly visible fencing prior [o any land disturbing activi[ies. Impac[s [o areas within [he fencing are prohibited unless otherwise au[horized by [his certificatioa [ISA NCAC 02H.0501 and .0502] 16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. bcal, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [I SA NCAC 02B.0506(b)(2)] D_E Q��,.� North Ca�oiina Department of Environmental Quality I Division of Water Resources �� .^��` ✓ 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 v 919.707.9000 18. Upon completion of the project (includin� any impacts at associated borrow or waste sites), the 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 comple[ed. [ISA 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 bcated in wetlands or streams, compensarory 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 operation and maintenance of such Bes[ Managemen[ Prac[ices in order to protect surface waters standards [ I SA 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 [he mos[ recen[ version of the North Carolina Sedimen� ond Erosian Contro! Plunning und Design Manna(. b. The design, installa[ion, opera[ion, and main[enance of [he sediment and erosion control measures must be such that Ihey equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosron Contro! Manual. The devices shall be maintained on all construc[ion sites, borrow sites, and waste pile (spoil) projec[s, including wntractor-owned or leased borrow pits associated wi[h the project. c. For borrow pit si[es, the erosion and sedimen[ control measures must be designed, installed, operated, and main[ained in accordance with the most recent version of the Nor�h Carolrna Surjace Mining Manual. d. The reclamation measures and implementation mus[ comply with the reclamation in accordance with the requirements ofthe Sedimentation Pollution Control Act. 21. Sediment and erosion control measures shall not be placed in wetlands or wa[ers 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 peti[ion form from [he 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 accepts filings Monday through Friday between the hours of B:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the OHice of Administrative 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy ofthe petition mus[ also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Qualiry 1601 Mail Service Center D_E Q�� North Carolina Department of Environmental Quality j Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 °'"""`�"'—`"'�� 919707.9000 This letter comple[es the review of the Division of Wa[er 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, �� Lind ulpepper, Director Division of Water Resowces Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Marla Chambers, NC Wildlife Resources Commission File Copy D_E Q�� North Carolina Department of Environmental Quality I Division of Watei Resources 512 North Salisbury Street � 161� Mail Service Center � Raleigh, North Carolina 27699-1617 "'��`"'�"`"'�� 919.�07.9000 ROY COOPER Gocernor MICHAEL S. REGAN Sccrc�arc LINDA CULPEPPER Direcior PfOH ( H CAROLINA EnWmnmentof Qrealiry NCDWR Project No.: COO11[)': Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon comple[ion of all work approved within the 401 Water Quality Certifica[ion or applicable Buffer Rules, and any subsequent modifica[ions, the applieant is required to remm [his certificate to [he 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 applicanYs authorized agent, or [he project engineer. It is not necessary to send certificates from all of [hese. ApplicanPs Certifrcation I, , hereby state that, ro 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. Signamre: Date: AgenPs Certifieation 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation ofthe construction such that the construction was observed to be built within substantial compliance and in[en[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signa[ure: Date: EngineePs Certifiealion Partial Final 1, , as a duly registered Professional Engineer in the S[ate 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 osed in the observation of the construction such that the construction was observed to be built within substantial compliance and inten[ of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre Registration No. Date D_E Q�� North Carolina Department of Emironmental Quality I Division of Water Resources -��„_ �,^� �` � 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-16P v 919.707.9000