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Home My WebLink About20120073 Ver 1_Approval Letter_20120323�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld P E Governor Director March 23 2012 Dr Greg Thorpe PhD Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to US 501 North in Person County Federal Aid Project No STP 501(1) State Project No 34406 2 3 TIP No R 2241A NCDWQ Project No 20120073 Dear Dr Thorpe Dee Freeman Secretary Attached hereto is a copy of Certification No 3910 to The North Carolina Department of Transportation ( NCDOT) dated March 23 2012 If we can be of further assistance do not hesitate to contact us Sincerely (�,Charles Waklld Director Attachments cc Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office Chris Murray Division 5 Environmental Officer Travis Wilson NC Wildlife Resources Commission Beth Harmon Ecosystem Enhancement Program Rachelle Beauregard NCDOT Natural Environment Unit File Copy Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 276991617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 63001 FAX 919 -807 -6492 Internet www ncwaterauality ora An Equal Opportunity 1 Affirmative Action Employer No thCarohna ��tl�rq��lf 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 This certification authorizes the NCDOT to impact 2 39 acres ofjurisdictional wetlands and 4 310 linear feet of Jurisdictional streams in Person County The project shall be constructed pursuant to the application dated received January 26 2012 The authorized impacts are as described below Stream Impacts in the Roanoke River Basin Site Permanent Fill in Intermittent Stream (linear ft ) Temporary Impacts to Intermittent Stream (linear ft Riprap Stabilization to Intermittent Stream linear ft Permanent Fill in Perennial Stream (linear ft ) Temporary Impacts to Perennial Stream (linear ft ) Riprap Stabilization to Perennial Stream (linear ft Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation linear ft 1 0 0 0 138 32 125 289 269 3 23 0 0 0 0 0 23 0 4 0 0 0 112 39 59 210 171 6 23 30 16 0 0 0 69 0 7A 0 0 0 518 108 82 708 600 7B 59 0 0 0 0 0 59 59 8 0 0 0 194 36 13 243 207 9 0 0 0 279 33 16 328 295 10 92 43 20 0 0 0 155 0 11 0 0 0 282 102 36 420 318 13 0 0 0 246 72 0 318 246 14 0 0 0 262 23 13 298 275 15 0 0 0 653 75 13 741 666 17 0 0 0 148 62 36 246 184 18 0 0 0 364 203 10 203 374 Total 197 73 36 3196 785 403 4310 3664 Total Stream Impact for Project 4,310 linear feet Wetland Impacts in the Roanoke River Basin Site Permanent Fill ac Excavation ac Mechanized Clearing ac Total Wetland Impact (ac) Wetland Impacts Requiring Mitigation (ac) 2 011 001 006 018 018 5 022 0 006 028 028 7A 0 13 0 <001 0 13 0 13 8 002 <001 003 005 005 11 <001 0 0 <001 0 12 0 12 0 0 0 12 0 12 13 017 <001 007 024 024 14 009 <001 0 009 009 15 036 0 003 039 039 17 047 0 15 0 18 080 080 19 001 0 010 0 11 0 11 Total 170 016 053 239 239 Total Wetland Impact for Project 2 39 acres Op en Water Pond Impacts in the Roanoke River Basin Site Pond Removal ac Total Impacts to Open Waters (ac) 16 0 041 0 041 Total 0 041 0 041 Total Open Water Impact for Project 0 041 acres The application provides adequate assurance that the discharge of fill material into the waters of the Roanoke 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 January 26 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 Conditions of Certification 1 Compensatory mitigation for 3 664 linear feet of impact to streams in the Roanoke River Basin 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 January 17 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 2 Compensatory mitigation for impacts to 2 39 acres of wetlands in the Roanoke River Basin 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 January 17 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 Tri Party MOA signed on July 22 2003 and the Dual Party MOA signed on April 12 2004 3 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 downstream 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 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 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 6 For all streams being impacted due to site dewatering activities the site shall be graded to its preconstruction contours and revegetated with appropriate native species The channel should be vegetated and stable prior to diverting water back into it 7 At locations where ponds will be drained proper measures will be taken to dram the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining If typical pond draining techniques will create significant disturbance to native aquatic species additional measures such as collection and relocation may be necessary to prevent a significant fish kill 8 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 9 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 10 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 11 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 12 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 13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 14 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 other diversion structures shall be used to prevent excavation in flowing water 15 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 16 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 17 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 19 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 20 All fill slopes located in . jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 21 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 22 The outside 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 23 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 24 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 25 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 26 Native riparian vegetation (i a trees and shrubs native to your geographic region) 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 27 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 28 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 29 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 30 Pipes and culverts used exclusively to maintain equilibrium in wetlands where aquatic life passage is not a concern shall not be buried These pipes shall be installed at natural ground elevation Violations of any condition herem 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 00am 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 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) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 WQC No 3910 This the 23rd day of March 2012 DIVISION OF WATER QUALITY 94411- 1- 0 Charles Wakild Director