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Home My WebLink About20120240 Ver 1_Approval Letter_20120924e WA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director September 24 2012 Dr Greg Thorpe PhD Manager Project Development and Environmental Analysts North Carolina Department of Transportation 1598 Mail Service Center Raleigh North Carolina 27699 1598 Dee Freeman Secretary Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with ADDITIONAL CONDITIONS for Proposed improvements to NC 24 from 2 8 miles east of I 95 to 140 to Cumberland Sampson and Counties Federal Aid Project No STPNHF F 8 2(17) WBS No 34416 1 1 TiP R 2303 NCDWQ Project No 20120240 Dear Dr Thorpe Attached hereto is a copy of Certification No 3942 issued to The North Carolina Department of Transportation ( NCDOT) dated September 24 2012 If we can be of further assistance do not hesitate to contact us )Sincerely Char es Wakild Director Attachments cc Brad Shaver US Army Corps of Engineers Wilmington Field Office (electronic copy only) Greg Burns PE Division 8 Engineer Jim Rerko Division 8 Environmental Officer Chris Milrtscher Environmental Protection Agency (electronic copy only) Gary Jordan US Fish and Wildlife Service (electronic copy only) Travis Wilson NC Wildlife Resources Commission Jason Elliott NCDOT Roadside Environmental Unit Jim Stanfill 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 ncwaterguality orq 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 7 68 acres ofjurisd►ct►onal wetlands 0 72 acres of waters and 599 linear feet of jurisdictional streams in Cumberland and Sampson Counties The project shall be constructed pursuant to the application dated received August 2 2012 No impacts to Sections B, C, D or Fare being authorized at this time The authorized impacts are as described below Stream Imp acts in the Cape Fear 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 Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation linear ft Total Wetland Impact (ac) R 2303A z 8 300 +06 to 305 +40 L 0 0 531 0 531 237 8 304 +40 to 304 +51 L LT 0 0 41 27 68 41 Total 0 0 572 27 599 278 R 203 • 2303B * ** 002 020 0 Total 9 321 +92 to 322 +64 L RT 1 296 113 409 <0 01 002 0 • 2303C * ** 9 321 +58 to 322 +98 L LT R Total 0 1 2 990 301 3,291 0 344 +83 to 349 +01 L Rt NR • 2303D * ** 0 �n 0 10 Total 0 18 1 1,792 77 1,869 0 004 091 • 2303E * ** 768 Total 1 1 336 155 1,491 Total • 2303F * ** 5 70 0 12 Total 1 3 859 294 4 153 • 2303C ** Project Total Project Total 1 10,845 967 11 812 Bank stabilization * *294 if of stream will be relocated ** *Sections B through F stream impacts are projected based on preliminary design and include perennial and intermittent systems Total Stream Impact for Project 11 812 linear feet (599 linear feet for Section A) Wetland Im acts in the Cape Fear River Basin Site Station Wetland Type* Fill (ac) Fill (temporary) ac Excavation (ac) Mechanized Clearing ac Hand Clearing (ac) Total Wetland Impact (ac) R 2303A 2 73 +00 to 85 +00 L NR 444 0 0 053 0 497 5 167 +09 to 168 +51 L NR 004 0 0 003 0 007 8 296 +63 to 304 +66 L R 203 0 002 020 0 225 9 321 +92 to 322 +64 L RT R 007 0 <0 01 002 0 009 9 321 +58 to 322 +98 L LT R 007 0 002 003 0 0 12 0 344 +83 to 349 +01 L Rt NR 008 0 0 0 10 0 0 18 Total 673 0 004 091 0 768 • 2303B ** Total 5 70 0 12 582 • 2303C ** Total 12 13 0 1213 R 2303D ** Total 8 38 0 8 38 • 2303E ** Total 158 0 158 • 2303F ** Total 2180 0 2180 Project Total Project Total 5632 1 012 1 004 091 0 5739 Wetland Type R = Riparian NR =Non Riparian ** Sections B through F wetland impacts are projected based on preliminary design Total Wetland impact for Project 57 39 (7 68 acres for Section A) Onen Water (Ponds /Tributary) Impacts in the Cape Fear River Basin Site Station Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) 1 69 +45 to 70 +63 L RT 0 16 0 0 16 l 70 +93 to 72 +81 L RT 0 11 0 0 11 4 131 +57 to 133 +50 L RT 0 18 0 0 18 6 178 +97 to 179 +07 L RT 002 0 002 7 200 +65 to 202 +44 L 024 0 024 9 322 +10 L Rt 001 0 001 9 322 +10 L Rt (Bank Stabilization) <0 01 0 <0 01 Total* 072 0 072 "Open Water Impacts for Sections B through F have not been projected based on preliminary design Total Open Water Impact for Section A 0 72 acres The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 August 2 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 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 At locations where ponds will be drained proper measures will be taken to drain 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 maybe necessary to prevent a significant fish kill NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species and the most appropriate measures to limit impacts to these species The permittee shall observe any natural channel re establishment or utilize natural channel construction techniques to ensure that the jurisdictional stream channel above and below the drained pond remain stable and that no additional impacts occur within the natural stream channel as a result of draining the pond All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted Channel relocations will be completed and stabilized and must be approved on site by NCDWQ staff prior to diverting water into the new channel Whenever possible channel relocations shall be allowed to stabilize for an entire growing season Vegetation used for bank stabilization shall be limited to native woody species and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical All stream banks shall be matted with coir fiber matting 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 4 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 5 For streams being impacted due to site dewatermg activities the site shall be graded to its preconstruction contours and revegetated with appropriate native species 6 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 7 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 8 Compensatory mitigation for 278 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 July 26 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 9 Compensatory mitigation for impacts to 5 22 acres of non riparian wetlands is required We understand that you have chosen to perform compensatory mitigation for impacts to non riparian 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 July 26 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 10 Compensatory mitigation for the 2 46 acres of riparian wetland impacts is required We understand that you have chosen to debit mitigation from Privateer Farm Mitigation Bank Privateer Farm Mitigation Bank is located in Cumberland and Bladen County in HUC 03030005 adjacent to Section A of the project HUC (03030006) Since there are no available credits existing in HUC 03030006 it is DWQ s policy to debit adjacent HUCs at a 3 1 ratio This certification gives you approval to debit 7 38 acres of riparian wetland mitigation from the Privateer Farm Mitigation Bank to satisfy the mitigation requirements of this permit 1 1 When final design plans are completed for R 2303 Section(s) B through F a modification to the 401 Water Quality Certification shall be submitted with five copies and fees to the NC Division of Water Quality Final designs shall reflect all appropriate avoidance minimization and mitigation for impacts to wetlands streams and other surface waters and buffers No construction activities that impact any wetlands streams surface waters or buffers located in R 2303 Section(s) B through F shall begin until after the permittee applies for and receives a written modification of the 401 Water Quality Certification and the from the NC Division of Water Quality General Conditions 12 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 13 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 14 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 15 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 16 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 17 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 18 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 19 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 20 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 21 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 22 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 23 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 24 All fill slopes located in Jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 25 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 26 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 27 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 28 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 29 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 30 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 31 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 32 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 33 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 (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) 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 24th day of September 2012 DIVISION OF WATER QUALITY i Charles akild Director WQC No 3942 NCDWQ Protect 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 Applicant s Certfication 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 Date Agent 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 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