HomeMy WebLinkAbout20190369 Ver 1_Approval Letter_20190418DocuSign Envelope ID: 151311293-5982-4580-A4BF-65194F786BD6
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
April 18, 2019
Rowan County
NCDWR Project No. 20190369
Julian Road Access
Salisbury, NC
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Aaron Church, Manager
Rowan County
130 West Innes Street
Salisbury, NC 28144
(Aaron. Church@rowancountync.gov)
Dear Mr. Church:
You have our approval, in accordance with the conditions listed below, for the following surface water impacts to
install a culvert related to an access road from Corporate Center Drive to Julian Road in Rowan County:
Stream Impacts in the Yadkin PeeDee River Basin.
Permanent Fill in Perennial Stream
Temporary Fill in Perennial
Stream
(linear ft)
Stream (linear ft)
Impacts
Site
Requiring
Mitigation(linear
Culvert
RipRap
Dewater
ft)
1
95
25
30
-
Totals
95
25
30
-
Total Stream Impact for Project: 150 linear feet.
Wetland Impacts in the Yadkin PeeDee River Basin
Impacts
Site
Permanent Fill in Wetlands
Temporary Fill in Open Waters
Requiring
(ac)
(ac)
Mitigation
(linear ft)
1
--
0.006
-
Totals
--
0.006
-
Total Wetland Impact for Project: 0.006 acres
The project shall be constructed in accordance with your application dated March 22, 2019. After reviewing your
application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC)
Number 4135. This GC corresponds to US Army Corps of Engineers Nationwide Permit 14. 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
QS North Carolina Department of Environmental Quality I Division of Water Resources
er�--DE512 North Salisbury Street 11617 Mail Service Center J Raleigh, North Carolina 27699-1617
NORTH CAROLINA
N 0 * 919.707.9000
DocuSign Envelope ID: 15611293-5982-4580-A4BF-65194F786BD6
with the corresponding 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 linear 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 attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The permittee or its authorized agents shall notify DWR staff (at the email below) once the project begins so
that periodic inspections can be conducted. [ 15A NCAC 02H.0506(b)(2)]
2. The Permittee shall ensure that the final work adheres 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)]
Placement of culverts 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 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 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 met due to
bedrock or other limiting features encountered 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 02H.0506(b)(2)]
4. As site work progresses and it is observed that impacts to streams will change or if any modifications are
needed to permit drawings, the permittee shall notify DWR staff (at the email below) prior to commencing with
any further work.
General Conditions
1. 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
0213.0200]
2. 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)]
3. 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)]
4. 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)]
5. 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)]
6. 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
DocuSign Envelope ID: 15611293-5982-4580-A4BF-65194F786BD6
berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [I 5A
NCAC 02H.0506(b)(3) and (c)(3)]
7. 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)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [I 5A NCAC 02H.0506(b)(3)]
11. 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. 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]
12. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the County Manager
and on -site project manager. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
13. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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. [I 5A NCAC 02H.0501 and
.0502]
14. 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. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
15. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15ANCAC 02B.0506(b)(2)]
16. Native riparian vegetation 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 02H.0506(b)(3) and (c)(3)]
17. 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
located in wetlands or streams, compensatory mitigation may be required. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
18. 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 [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.
DocuSign Envelope ID: 15611293-5982-4580-A4BF-65194F786BD6
b. The design, installation, 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 Carolina 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 maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
19. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be
removed, and the natural grade restored upon completion of the project. [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 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 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 8:OOam and 5:OOpm, except
for official 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 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:
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 contact Dave Wanucha at (336) 776-9703 or dave.wanucha@ncdenr.gov.
Sincerely,
Docuftned by:
44PW1.l.UA.
9C9886312DCD474...
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Bryan Roden Reynolds, US Army Corps of Engineers, Charlotte Field Office
Claire Ellwanger, US Fish and Wildlife Service, Asheville Office
Marla Chambers, NC Wildlife Resources Commission
Jon Swaim, McGill and Associates
File Copy
DocuSign Envelope ID: 151311293-5982-4580-A4BF-65194F786BD6
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, 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 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.
Applicant's 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 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:
Agent's Certification
Date:
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 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:
Engineer's Certification
Partial Final
Date:
I, , 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
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
Registration No.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NaAni aaaai.rrw �
919.707.9000