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Home My WebLink About20110931 Ver 1_Approval Letter_20120625A "A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld P E Governor Director June 25 2012 Dr Greg Thorpe PhD Manager Project Development and Environmental Analysts North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 Dee Freeman Secretary Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for proposed widening of SR 1406 (Piney Green Road) from NC 24 to US 17 in Onslow County Federal Aid Project No STP 1406(4) WBS No 35801 1 1 TIP U 3810 NCDWQ Project No 11 0931v 3 Dear Dr Thorpe Attached hereto is a copy of Certification No 3928 issued to The North Carolina Department of Transportation ( NCDOT) dated June 25 2012 If we can be of further assistance do not hesitate to contact us Sincerely xeaAk�4 /vCharles Wakild J Director Attachments cc Brad Shaver US Army Corps of Engineers Wilmington Field Office Karen Fussell PE Division 3 Engineer Stoney Mathis Division 3 Environmental Officer (electronic copy only) Chris Militscher Environmental Protection Agency (electronic copy only) Gary Jordan US Fish and Wildlife Service (electronic copy only) Travis Wilson NC Wildlife Resources Commission (electronic copy only) Jason Elliott NCDOT Roadside Environmental Unit Steve Sollod Division of Coastal Management Michael Ellison Ecosystem Enhancement Program Sonia Carrillo NCDWQ Central Office File Copy Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919.807 63001 FAX 919 -807 6492 Internet www ncwaterauality oro An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturally 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality ( NCDWQ) Regulations in 15 NCAC 2H 0500 This certification authorizes the NCDOT to impact 2 70 acres ofjurisdictional wetlands and 1 676 linear feet of jurisdictional streams in Onslow County The project shall be constructed pursuant to the application dated received April 20 2012 The authorized impacts are as described below Stream Impacts in the White Oak River Basin Site Station Permanent Fill in Intermittent Stream (linear ft ) Temporary Fill in Intermittent Stream (linear ft Permanent Fill in Perennial Stream linear ft Temporary Fill in Perennial Stream linear ft Bank Stabilization (linear ft) Total Stream impact (linear ft) Stream Impacts Requiring Mitigation linear ft 1 L 50 +67 to 52 +76 0 0 121 15 116 252 237 2 L 79 +00 to 86 +30 0 0 86 0 0 86 0 3 117 +87 to 119 +25 Lt/Rt 88 16 0 0 0 104 0 4 L 165 +53 to 168 +89 0 0 290 48 28 366 318 5 L 231 +47 to 242 +32 0 0 36 0 0 36 0 6 L 273 +75 to 274 +85 0 0 209 47 73 329 282 8 L 328 +58 to 329 +72 0 0 45 49 66 160 0 11 L 69 +55 to 70 +09 Lt/Rt 110 21 0 0 26 157 0 12 L 192 +46 Rt/Lt & 194 +10 Rt 155 31 0 0 0 186 155 Total 353 68 787 159 309 1,676 992 Total Stream Impact for Project 1 676 linear feet Wetland Impacts in the White Oak River Basin (riparian) Site Station Fill (ac) Fill (temporary) ac Excavation (ac) Excavation (temporary) ac Mechanized Clearing ac Hand Clearing ac Total Wetland Impact ac Impacts Requiring Mitigation 2 L 79 +00 to 86 +30 049 0 002 0 0 15 003 069 066 3 117 +87 to 119 +25 Lt/Rt 002 0 0 0 002 0 004 004 4 L 165 +53 to 168 +89 032 0 009 002 a 0 13 0 056 054 5 L 231 +47 to 242 +32 072 0 0 007 b 022 1 004 1 05 094 7 L 284 +98 to 286 +16 Lt 0 19 0 0 0 0 0 0 19 019 9 Y 21 +80 to 23 +60 Lt 0 10 0 0 0 0 0 0 10 0 10 10 L 11 +50 Rt 001 0 006 0 0 0 007 007 Total 1 85 0 017 009 052 007 270 254 Total Wetland Impact for Project 2 70 acres Denotes temporary excavation for temporary diversion in proposed culvert phasing bbenotes temporary excavation for mitigation site tie in The application provides adequate assurance that the discharge of fill material into the waters of the White Oak River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application and conditions hereinafter set forth This approval is only valid for the purpose and design that you submitted in your application dated received April 20 2012 Should your project change you are required to notify the NCDWQ 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 any additional wetland impacts or stream impacts for this project (now or in the future) exceed one acre or 150 linear feet respectively additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you are required to comply with all the conditions listed below In addition you should obtain all other federal state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control Coastal Stormwater Non discharge and Water Supply watershed regulations This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit 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 staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site NCDWQ staff shall be invited to the pre construction meeting 2 The permittee will need to adhere to all appropriate in water work moratoria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission No in water work is permitted between February 15 and June 15 of any year without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission In addition the permittee shall conform to the NCDOT policy entitled Stream Crossing Guidelines for Anadromous Fish Passage (May 12 1997) at all times 3 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengmeermg boulders or structures should be properly designed sized and installed 4 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 5 The reinforced concrete box culverts at Permit Sites 1 4 6 and 8 shall be backfilled to the adjacent natural streambed and/or floodplam elevations The culverts must be backfilled and compacted with the same type of native material that is excavated from the streambed and /or floodplam during the construction of these structures 6 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters This water shall be captured treated and disposed of properly 7 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 8 Channel relocations shall be completed and stabilized and approved on site by DWQ staff prior to diverting water mto the new channel Stream banks shall be matted with coir fiber matting Vegetation used for bank stabilization shall be limited to native riparian vegetation and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical Also rip rap may be allowed if it is necessary to maintain the physical integrity of the stream but the applicant must provide written justification and any calculations used to determine the extent of rip rap coverage requested Once the stream has been turned into the new channel it may be necessary to relocate stranded fish to the new channel to prevent fish kills 9 Pipes and culverts used exclusively to maintain equilibrium in wetlands and/or served as floodplam pipes where aquatic life passage is not a concern shall not be buried These pipes shall be installed at natural ground elevation 10 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification 11 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffers etc ) before entering the stream Please refer to the most current version of Stormwater Best Management Practices 12 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods More specifically Jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first 13 Compensatory mitigation for 992 linear feet of impact to streams is required We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated March 27 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28 2010 14 Compensatory mitigation for impacts to 2 54 acres of riparian wetlands The permittee shall comply with the revised on site wetland mitigation plan dated June 19 2012 All on site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase The onsite mitigation shall comprise of 0 91 acres of riverine swamp forest restoration at 1 1 ratio (0 91 credits) 0 14 acres of non tidal freshwater marsh at 2 1 ratio (0 07 credits) and 7 87 acres of riverine swamp preservation at 10 1 ratio (0 78 credits) 15 For the forested wetland mitigation site located from Station —L Sta 222 +68 to 233 +71 50 Lt the permittee shall plant 680 stems /acre Vegetation success shall be measured by survivability over a 5 year monitoring period Survivability will be based on 320 stems /acre after three (3) years and 260 stems after five (5) years A survey of vegetation during the growing season shall be conducted annually over the five year monitoring period and submitted to the NC Division of Water Quality If the surviving vegetation densities are below the required thresholds after the five year monitoring period the site may still be declared successful at the discretion of and with written approval from the NC Division of Water Quality 16 Compensatory mitigation for the remaining impacts to 0 78 acre of riparian wetlands is required We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated March 27 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28 2010 17 The project shall be constructed in accordance with the Stormwater Management Plan submitted in the application dated April 20 2012 General Condition 18 Unless otherwise approved in this certification 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 down stream of the above structures The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 19 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 20 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 21 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 22 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 23 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 24 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 25 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 26 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 27 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 28 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 29 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification 30 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 31 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 Division Engineer and the on site project manager 32 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 33 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 a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 34 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 35 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the 401 Certification has been completed 36 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 37 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 will be required since that is a direct impact from road construction activities 38 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 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 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 39 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit This Certification shall expire upon the expiration of the 404 or CAMA permit 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(]) copy of the petition must be filed with the Office 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 of the petition must also be served on DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This the 25th day of June 2012 DIVISION OF WATER QUALITY Ai /,� /Charles Wakild Director WQC No 3928 NCDWQ Project No Applicant Project Name Date of Issuance of 401 Water Quality Certification County 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 Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to NCDWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these Appkcant 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 Cemfication and Buffer Rules the approved plans and specifications and other supporting materials Signature Engineer s Certification Date Partial Final 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 protect 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