HomeMy WebLinkAbout401 Issuance B-5808 BIMS20210446 04.06.2022
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April 6, 2022
DWR # 20210446
Cabarrus County
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit Head
1598 Mail Service Center
Raleigh, NC 27699-1598
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
B-5808, Cabarrus County
Irish Buffalo Creek \[Yadkin-PeeDee, 13-17-9-(2), Rocky River, Class C, Impaired\]
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application dated February 16,
2022, received by the Division of Water Resources (Division) February 16, 2022 and payment received on the same
day. These impacts are covered by the attached Water Quality General Certification Number 4135 and the
conditions listed below. This certification is associated with the use of Regional General Permit
Number 201902350 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you are required
by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements provided that
you adhere to the conditions listed in the enclosed certification and the additional conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts.
\[15A NCAC 02H .0506(b)\]
Stream Impacts in the Yadkin-PeeDee River Basin
SiteBank Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Stabilization on a Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Perennial Stream (linear ft) (linear ft) (linear ft) (linear ft) Requiring
(linear ft) Mitigation
(linear ft)
1 265 265 0
1 10 10 0
(dewatering)
0
275
Total
Total Stream Impact for Project: 275 linear feet.
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
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This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Certification.If you change your project, you must notify the
Division and you may be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
\[15A NCAC 02H .0507(d)(2)\].
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with
the additional conditions itemized below, you must notify the DWR Transportation Permitting Branch within 24
hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the
circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards \[15A NCAC 02B .0200\] including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions:
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dpotusvdujpo!nffujoh!xjui!bmm!bqqspqsjbuf!tubgg!up!fotvsf!uibu!uif!qspkfdu!tvqfswjtps!boe!fttfoujbm!
tubgg!tibmm!cf!jowjufe!up!uif!qsf.dpotusvdujpo!nffujoh/!\\26B!ODBD!13I/1617)c*)3*!boe!)c*)4*\]
3/ The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. \[15A NCAC 02H .0506(b)(2)\]
4/ 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.
NCS000250, please refer to the most recent version of the North Carolina Department of Transportation
Stormwater Best Management Practices Toolbox manual for approved measures. \[15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)\]
5/ 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 the NCDWR first. \[15A NCAC 02H.0506(b)(2)\]
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. \[15A NCAC 02H .0506(b)(3)
7/ A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. \[15A NCAC 02H
.0506(b)(3)
8/ 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. \[15A NCAC 02H
.0506(b)(3)
9/ All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity
shall be designed, constructed, and operated with sediment and erosion control measures that meet Design
Standards in Sensitive Watersheds (15A NCAC 4B .0124). However, due to the size of the project, NC
DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered
acres.
:/ All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
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using appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention
ponds, etc.) prior to discharging to surface waters.
General Conditions:
1. 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 NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. \[15A NCAC 02H.0506(b)(2)\]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
\[15A NCAC 02B.0200\]
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
(including aquatic life propagation, survival, and maintenance of biological integrity) provided for in state
rule and that activities must not cause water pollution that precludes any best use on a short-term or long-
term basis.
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. \[15A NCAC 02H.0506(b)(2)\]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. \[15A
NCAC 02H.0506(b)(2)\]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage. \[15A NCAC 02H.0506(b)(2)\]
6. Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. \[15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)\]
7. 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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. \[15A NCAC
02H.0506(b)(3)\]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
\[15A NCAC 02H.0506(b)(3)\]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. \[15A NCAC 02H.0506(b)(3)\]
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11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. \[15A NCAC 02H.0506(b)(3)\]
12. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices
for the control of sediment and erosion so that no violations of state water quality standards, statutes, or
rules occur. \[15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200\]
13. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal
to or exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control
Manual.
14. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor-owned or leased borrow pits associated with the project. Sufficient materials required for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site
at all times.
15. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-
II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and
erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design
Standards in Sensitive Watershed. \[15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135\]
17. 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
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that
State or federal law is being violated, or that further conditions are necessary to assure compliance, the
NCDWR may reevaluate and modify this certification. \[15A NCAC 02B.0200\]
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. \[15A NCAC 02H.0506(b)(2)\]
19.
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager. \[15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)\]
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be
clearly marked by highly visible fencing prior to any land disturbing
fencing are prohibited unless otherwise authorized by this certification. \[15A NCAC 02H.0501 and .0502\]
21. 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.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. \[15A NCAC 02B.0506(b)(2)\]
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23. 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 the
NCDWR when all work included in the 401 Certification has been completed. \[15A NCAC 02H.0502(f)\]
24. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following
completion of construction. \[15A NCAC 02B.0231(b)(6)\]
25. 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. \[15A NCAC 02H.0506(b)(3) and (c)(3)
26. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards \[15A NCAC 02H.0506(b)(3) and (c)(3):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual
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.
27. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of
the top of bank, without prior approval from DWR. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]
This approval and its conditions are final and binding unless contested \[G.S. 143-215.5\]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Donna Hood at 704-682-2839 or donna.hood@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Eric Alsmeyer, Raleigh Regulatory Field Office (via email)
Joel Howard, 10
Holland Youngman,
Dave McHenry,
Donna Hood, Mooresville
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