HomeMy WebLinkAbout20130477 Ver 2_Approval Letter_20130829NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
August 29, 2013
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: REISSUE: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and
RANDLEMAN BUFFER RULES with ADDITIONAL CONDITIONS for Proposed widening form SR
1003 (North Main Street) and SR 1820 (Skeet Club Road) to NC 68 in High Point, Guilford County,
Federal Aid Project No. STP- 1820(2); WBS Element No. 34962.1.1, TIP U -3615.
NCDWR Project No. 2013 -0477.
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3966 issued to The North Carolina Department of Transportation
(NCDOT) dated July xx, 2013 originally issued on June 28, 2013.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thom s oAkReXe�d�er
Attachments
cc: Jerry Parker, Division 7 Environmental Officer (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, Roadside Environmental Unit (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Amy Euliss, NCDWR Winston Salem Regional Office (electronic copy only)
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 -807 -63001 FAX: 919 - 807 -6488
Internet: www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Naturally
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and RANDLEMAN
BUFFER RULES 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 Resources (NCDWR) Regulations
in 15 NCAC 2H.0500 and 15A NCAC 213 .0250. This certification authorizes the NCDOT to impact 2688 linear
feet of jurisdictional streams, 0.85 acres of jurisdictional wetlands, 0.04 acres of open water, and 232798 square feet
of protected riparian buffers in Guilford County. The project shall be constructed pursuant to the application dated
received May 2, 2013 with additional information dated received June 20, 2013 and August 29, 2013. The
authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin for U3615A
*FONSI approved and 4A reached prior to Intermittent Stream Mitigation Policy effective October 16, 2009.
Total Stream Impact for U -3615A Project: 472 linear feet
Stream Impacts in the Cape Fear River Basin for U3615B
Site
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Total Stream
impact
(linear ft)
Stream Impacts
1
119
16
Total Stream
0
2
in Intermittent
in Intermittent
in Perennial
in Perennial
604
Requiring
Site
Wetland
Requiring
699
10
Impact
699
3A
Stream
Stream
Stream
Stream
48
Mitigation
3B
119
4
(linear ft)
0
3C
(linear ft)
(linear ft)
(linear ft)
(linear ft)
63
(linear ft)
2
131
16
148
10
158
0
3
132
13
0.01
145
0
4
159
10
287
32
169
0*
TOTAL
291
23
148
10
472
0
*FONSI approved and 4A reached prior to Intermittent Stream Mitigation Policy effective October 16, 2009.
Total Stream Impact for U -3615A Project: 472 linear feet
Stream Impacts in the Cape Fear River Basin for U3615B
Site
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
1
119
16
135
0
2
Site
594
10
604
594
3
Wetland
Requiring
699
10
709
699
3A
Clearing (ac)
38
10
48
0
3B
119
4
123
0
3C
0.67
63
0.67
63
0
5
131
16
147
0
7
49
19
0.01
68
0
8
6
0.01
287
32
319
287
TOTAL
180
35
1919
82
2216
1580
Total Stream Impact for U -3615B Project: 2216 linear feet
Wetland Impacts in the Cape Fear River Basin for U -3615B
Total Wetland Impact for Project: 0.85 acres.
Fill
Total
Impacts
Excavation
Mechanized
Hand
Site
F1II (ac)
(temporary)
Wetland
Requiring
(ac)
Clearing (ac)
Clearing (ac)
(ac)
Impact (ac)
Mitigation (ac)
3C
0.67
0.67
0.00
4
0.13
0.01
0.14
0.00
5
0.01
0.01
0.02
0.00
6
0.01
0.01
0.02
0.00
Total
1 0.15
0.00
1 0.68
1 0.02
1 0.00
1 0.85
1 0.00
Total Wetland Impact for Project: 0.85 acres.
Open Water Impacts in the Cape Fear River Basin for U -3519B
Site
Permanent Fill in
Open Waters ac
Temporary Fill in
n O Waters ac
Total Fill in Open
Waters ac
2A
0.02
minus
Wetlands
in Zone 2
(sq ft)
0.02
5A
0.02
3854
0.02
TOTAL
0.04
0.00
0.04
Total Open Water Impact for U -3615B Project: 0.04 acres.
Randleman Riparian Buffer Impacts for U -3615A
Randleman Riparian Buffer Impacts for U -3615B
site
Zone 1
Impact s 11
P (q )
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers (not
wetlands )
(sq ft)
Zone 1 Buffer
Mitigation
Required
q
(3:1 ratio)
Zone 2
Impact s 11
Pa (q )
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers (not
wetlands s
) (q
ft)
Zone 2
1
3854
minus
= Zone 1
Zone 1 Buffer
1931
minus
= Zone 2
Buffer
2 (road crossing)
Zone 1
Wetlands
Buffers (not
Mitigation
Zone 2
Wetlands
Buffers (not
0
Site
36705
36705
110115
22604
22604
Mitigation
2A
Impact (sq ft)
in Zone 1
wetlands)
Required
Impact (sq ft)
in Zone 2
wetlands)
14493
213
0
0
0
51
51
Required
3*
52487
(sq ft)
(sq ft)
(3:1 ratio)
31125
(sq ft)
(sq ft)
46687.5
3A
2216
2216
0
623
623
(1.5:1 ratio
1
2370
2370
0
1792
1792
0
2
6278
6278
0
3988
3988
0
3
10201
10201
30603
5639
5639
8458.5
4 (road crossing)
7174
7174
21522
3536
3536
5304
4 (parallel)
5898
5898
17694
3605
3605
5407.5
TOTAL
31921
0
31921
69819 11
18560
0
r 18560
1 19170
Total Ruffer imnact for I1
-3615A Prniect: 50481snuare
feet.
Randleman Riparian Buffer Impacts for U -3615B
site
Zone 1
Impact s 11
P (q )
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers (not
wetlands )
(sq ft)
Zone 1 Buffer
Mitigation
Required
q
(3:1 ratio)
Zone 2
Impact s 11
Pa (q )
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers (not
wetlands s
) (q
ft)
Zone 2 Buffer
Mitigatio
Requirec
(1.5:1 ratii
1
3854
3854
0
1931
1931
0
2 (road crossing)
4787
4787
0
2292
2292
0
2 (parallel)
36705
36705
110115
22604
22604
33906
2A
1369
1369
4107
9662
9662
14493
213
0
0
0
51
51
0
3*
52487
52487
157461
31125
31125
46687.5
3A
2216
2216
0
623
623
0
3B
6967
6967
0
4638
4638
0
3C
0
0
0
64
64
0
4
1166
1166
0
998
998
0
5 (road crossing)
8784
8784
0
5141
5141
0
5 (parallel)
175
175
525
877
877
1315.5
6
3478
3478
0
1674
1674
0
6A
1271
1271
0
834
834
0
7
3933
3933
0
2411
2411
0
8
8902
8902
26706
4658
4658
6987
8A (bypass)
1226
1226
0
2536
2536
0
8A(parallel)
1385
1385
4155
1493
1493
2239.5
TOTAL
138705
0
138705
303069
93612,
0
93612
105629
Total Buffer Impact for U -3615B Project: 232317 square feet.
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 May 2,
2013 with additional information dated received June 20, 2013. Should your project change, you are required to
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 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC .0248. 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. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -
woody species by the end of the growing season following completion of construction. For the purpose of
this condition, maintained buffer areas are defined as areas within the transportation corridor that will be
subject to regular NCDOT maintenance activities including mowing. The area with non- maintained buffers
shall be permanently revegetated with native woody species before the next growing season following
completion of construction.
3. Pursuant to 15A NCAC 2B .0250, sediment and erosion control devices shall not be placed in Zone 1 of any
Randleman Buffer without prior approval by NCDWR. At this time, NCDWR has approved no sediment
and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project.
Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone
1 is not compromised and that discharge is released as diffuse flow.
4. 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. NCDWR staff shall be invited to the
pre- construction meeting.
5. Two copies of the final construction drawings shall be furnished to NCDWR Central Office prior to the pre -
construction meeting. The permittee shall provide written verification that the final construction drawings
comply with the permit drawings contained in the application dated May 2, 2013 with additional information
dated received June 20, 2013. Any deviations from the approved drawings are not authorized unless
approved by the NC Division of Water Quality.
6. Channel relocations not for credit shall be completed and stabilized, and approved by DWR staff, prior to
diverting water into 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.
7. For the 150 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species.
8. 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.
9. 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.
10. 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 NCDWR first.
11. 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.
12. A turbidity curtain will be installed in Oak Hollow Lake if driving or drilling activities occur within the
lake, on the bank, or within 5 feet of the top of bank. This condition can be waived with prior approval
from DWR.
13. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. if work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water.
14. 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.
15. 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.
16. 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.
17. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCG01000. Please note the extra protections for the sensitive watersheds.
18. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on
disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is
contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc.
Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees.
Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge
and entrap small animals. For the establishment of temporary groundcover within riparian areas,
hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone -
free tank is allowable at the appropriate rate in conjunction with the erosion control measures.
Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
19. NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) at stream
and lake crossing within the WS CA watershed. The HSCBs shall be located at Station numbers 183 +00 —
L -(Rt), 191 +50- L -(Lt), 202 +00- L -(Lt), 222 +00- L -(Rt), 234 +50- L -(Rt), 242 +00- L -(Rt), 267 +00- L -(Lt),
272 +00- L -(Lt), 306 +00- L -(Rt), and 314 +50- L -(Rt).
20. Compensatory mitigation for impacts to 1580 linear feet of streams at a replacement ratio of 1:1 is required
for U- 3615B. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite
stream relocations of 760 linear feet of UT 3 -3 West Fork of Deep River. The onsite stream relocation shall
be constructed in accordance with the design submitted in your May 2, 2013 application. 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. Please be
reminded that as- builts for the completed streams shall be submitted to the North Carolina Division of Water
Quality 401 Wetlands Unit with the as- builts for the rest of the project. If the parameters of this condition
are not met, then the permittee shall supply additional stream mitigation for the 760 linear feet of impacts.
All channel relocations will be constructed in a dry work area, will be completed and stabilized, and must be
approved on site by NCDWR staff, prior to diverting water into the new channel. Whenever possible,
channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall
have a 50 -foot wide native wooded buffer planted on both sides of the stream unless otherwise authorized by
this Certification. A transitional phase incorporating rolled erosion control product (RECP) and appropriate
temporary ground cover is allowable.
21. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of
the mitigation stream segments. Riparian area success shall be determined by conducting stem counts to
ensure a tree survival rate of 320 stems /acre. The monitoring shall be conducted annually for a minimum of
3 years after final planting. Photo documentation shall be utilized to document the success of the riparian
vegetation and submitted to NCDWR in a final report within sixty (60) days after completing monitoring.
After 3 years the NCDOT shall contact NCDWR to schedule a site visit to "close out" the mitigation site.
22. Compensatory mitigation for 820 linear feet of impact to streams is required (excluding 760 linear feet to be
mitigated for on- site). 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 April 23, 2013 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.
23. Compensatory mitigation for impacts to 101023 square feet of protected riparian buffers in Zone 1 (303069
square feet of mitigation) and 70419 square feet of protected riparian buffers in Zone 2 (105629 square feet
of mitigation) shall be required for U3615B. In accordance with 15A NCAC 02B .0252, riparian vegetation
reestablishment shall include a minimum of at least 2 native hardwood tree species planted at a density
sufficient to provide 320 trees per acre at maturity. 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.
24. The permittee shall monitor the buffer mitigation site. Monitoring shall consist of stem counts. An annual
report shall be submitted to NCDWR for a period of 5 years showing monitoring results, survival rate/
success of tree and vegetation establishment, and that diffuse flow through the riparian buffer has been
maintained. The first annual report shall be submitted within one year of final planting. Failure to achieve a
buffer density of 320 trees per acre after 5 years will require the annual report to provide appropriate
remedial actions to be implemented and a schedule for implementation. Approval of the final annual report,
and a formal "close out" of the mitigation site by NCDWR is required.
25. Compensatory mitigation for 303069 square feet of riparian buffers in Zone 1 and 105629 square feet in
riparian buffer Zone 2 shall be required for U3615B. We understand that 45810 square feet of protected
riparian buffer in zone 1 and 29829 square feet of protected riparian buffer in zone 2 are being performed
on -site. We understand that you have chosen to perform compensatory mitigation for the remaining 257259
square feet of riparian buffer in zone 1 and 75800 square feet of riparian buffer in zone 2 to protected buffers
through use of the North Carolina Ecosystem Enhancement Program (EEP). Mitigation for unavoidable
impacts to Randleman Riparian Buffers shall be provided in the Cape Fear River Basin and done in
accordance with 15A NCAC 2B .0252. EEP has indicated in a letter dated August 20, 2013 that they will
assume responsibility for satisfying the compensatory mitigation requirements for the above - referenced
project, in accordance with EEP's Mitigation Banking Instrument signed July 28, 2010.
26. When final design plans are completed for U- 3615A, a modification to the 401 Water Quality Certification
and the Randleman River Riparian Buffer Certification shall be submitted with 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 U -3615A shall begin until after the permittee
applies for, and receives a written modification of the 401 Water Quality Certification and the Randleman
River Riparian Buffer Authorization from the NC Division of Water Quality.
General Conditions
27. 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 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
33. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the
presence of sulfide- bearing rock must be approved by DWR.
34. 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.
35. 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.
36. 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.
37. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
38. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
39. 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 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, NCDWR
may reevaluate and modify this certification.
40. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
41 "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.
42. 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.
43. 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.
44. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
45. 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
NCDWR when all work included in the 401 Certification has been completed.
46. 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.
47. 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.
48. 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.
49. 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. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 29th day of August 2013
DIVISION OF WATER RESOURCES
Thomas A. Reeder
WQC No. 3966
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
NCDWR 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 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: Date:
Engineer's Certification
Partial Final
1, , 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
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6488
Internet: www.ncwaterouality.om
An Equal opportunity 1 Affirmative Action Employer
Registration No.
NorthCarohna
Naturally