HomeMy WebLinkAbout20140762 Ver 1_Approval Letter_20140908A A r�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 8, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
John E Skvarla, III
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for US 221 Widening from US 421 to US 221 Business/NC 88 in
Jefferson located in Watauga and Ashe Counties. Federal Aid Project No. STP- 0221(13), TIP No. R-
2915. WBS 34518.1.1. NCDWR Project No. 20140762.
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. 004001 issued to The North Carolina Department of Transportation
(NCDOT) dated September 8, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thomas A. Reeder, Director
Division of Water Resources
Attachments
cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Heath Slaughter, Division 1 1 Environmental Officer (electronic copy only)
Dr. Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Dave Wanucha, NCDWR Winston Salem Regional Office (electronic copy only)
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St. Raleigh, North Carolina 27604
Phone. 919 - 807 -63001 FAX: 919 - 733 -1290
Internet www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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 Resources (NCDWR) Regulations
in 15 NCAC 2H. This certification authorizes the NCDOT to permanently impact 3.04 acres of jurisdictional
wetlands and 7,886 linear feet of jurisdictional streams as described in Tables I and 2 below. The project shall be
constructed pursuant to the application dated July 21, 2014. Stream and wetland impacts associated with Sections C
and E are preliminary as shown in Tables I and 2 below. As such, details of the impacts will be forthcoming in a
revision to this permit in the future. The authorized impacts for Sections A, B and D are as described below in
Tables 4 through 8.
Table 1. Summary of Stream Impacts for all Sections of R -2915.
Section
Design Stage
Stream Impact Type
Impact
Length (If)
Temporary
Impacts (ac)
Stream Impacts
Requiring
Mitigation (If)
R-2915A
Final
Permanent Fill
1,119
--
1,119
Bank Stabilization
402
--
Temporary
--
0.05
R-2915B
Final
Permanent Fill
533
--
533
Bank Stabilization
411
--
Temporary
--
0.15
R -2915C
Preliminary
Permanent Fill
2,263
--
2 263
Temporary
--
0.06
R-2915D
Final
Permanent Fill
2,627
--
2,627
Bank Stabilization
126
--
Temporary
--
0.05
R -2915E
Preliminary
Permanent Fill
405
--
405
Temporary
<
Total
7,886
0.31
6,947
Table 2. Summary of Wetland Impacts for all Sections of R -2915.
Section
Design Stage
Wetland Impact Type
Wetland
Impact Area
(ac)
Wetland Impacts
Requiring
Mitigation (ac) **
R -2915A
Final
Perm. Wetland Fill
0.48
0.57
Excavation in Wetlands
0.01
Mechanized Clearing in Wetlands
0.08
Hand Clearing in Wetlands
0.05t
R -2915B
Final
Perm. Wetland Fill
0.32
0.43
Excavation in Wetlands
0.04
Mechanized Clearing in Wetlands
0.06
R -2915C
Preliminary
Perm. Wetland Fill
0.16
0.20
Excavation in Wetlands
--
Mechanized Clearing in Wetlands
0.04
R -2915D
Final
Perm. Wetland Fill
1.01
1.32
Excavation in Wetlands
0.01
Mechanized Clearing in Wetlands
0.30
R -2915E
Preliminary
Perm. Wetland Fill
0.43
0.52
Excavation in Wetlands
--
Mechanized Clearing in Wetlands
0.09
Total
3.04
* *Values are rounded.
Page 2
Table 3. Stream Impacts in the New River Basin for Section R- 2915A.
Site
Permanent Fill in
Stream (linear ft.)
Temporary Fill in
Stream (linear ft.)
Total Stream
Impact (linear ft.)
Stream Impacts
Requiring
Mitigation
linear ft.)
USACE
NCDWR
1 n/a (wetland)
-
-
-
-
-
1 A n/a (wetland)
-
-
-
-
-
1 B n/a (wetland)
-
-
-
-
-
2
158
78
236
98
158
3
245
67
312
198
245
3A
57
10
67
57
57
4
19
-
19
-
19
5
9
10
19
-
9
6
15
-
15
-
15
7 *
250
10
260
250
250
8
12
-
12
-
12
9
10
-
10
-
10
10
90
10
100
74
-
11
140
20
160
80
-
12
65
20
85
55
-
12A
-
10
10
-
-
12B
-
10
10
-
-
13
79
25
104
66
-
13A
-
10
10
-
-
13B
-
10
10
-
-
14
13
-
13
-
13
15 *
110
20
130
84
-
16
9
-
9
-
9
17
47
20
67
26
-
18
-
-
-
-
-
19
136
20
156
113
-
20
9
-
9
-
-
21
-
-
-
-
-
22
-
-
-
-
-
23
27
10
37
18
-
23A
-
10
10
-
-
24
21
-
236
-
21
Totals
1,521
370
2,106
1,119
818
*Indicates that stream is intermittent.
Table 4. Riparian Wetland Impacts in the New River Basin for Section R- 2915A.
Site
Permanent
Fill (ac)
Temporary
Fill (ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
(ac)
Wetland Impacts
Requiring
Mitigation (ac) **
USACE
NCDWR
1
0.25
-
-
-
0.03
0.28
0.25
-
1 A
0.03
-
-
-
<0.01
0.03
0.03
-
1 B
0.07
-
-
0.02
<0.01
0.09
0.10
-
5
<0.01
-
-
-
<0.01
0.01
<0.01
-
18
0.09
-
<0.01
0.05
-
0.15
0.15
-
21
0.01
-
<0.01
-
<0.01
0.01
0.02
-
22
0.03
-
-
-
<0.01
0.03
0.03
-
Total
0.48
-
0.01
0.08
0.05
0.59
0.57
-
* *Values are rounded.
Page 3
Table 5. Stream Im acts in the New River Basin for Section R- 2915B.
Site
Permanent Fill in
Stream (linear ft.)
Temporary Fill in
Stream (linear ft.)
Total Stream
Impact (linear ft.)
Stream Impacts
Requiring
Mitigation
(linear ft.
USACE
NCDWR
IA
214
21
235
170
214
113
50
6
56
15
50
2
34
-
34
34
-
3
111
-
111
111
-
4 n/a (wetland)
-
-
-
-
-
5 n/a (wetland)
-
-
-
-
-
6 n/a (wetland)
-
-
-
-
-
7 n/a (wetland)
-
-
-
-
-
8 n/a (wetland)
-
-
-
-
-
9
147
-
147
124
-
10
154
57
211
-
154
11 n/a (wetland)
-
-
-
-
-
12 n/a (wetland)
-
-
-
-
-
13
52
8
60
52
-
14 n/a (wetland)
-
-
-
-
-
15 n/a (wetland)
-
-
-
-
-
16
36
-
36
27
-
17
54
-
54
-
54
18
53
-
53
-
53
19
-
115
115
-
-
20
19
-
19
-
-
21
20
-
20
-
-
Totals
944
207
1,151
533
525
Note: All sites are perennial streams except where indicated.
Table 6. Riparian Wetland Impacts in the New River Basin for Section R- 2915B.
Site
Permanent
Fill (ac)
Temporary
Fill (ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
(ac)
Wetland Impacts
Requiring
Mitigation (ac)**
USACE
NCDWR
4
<0.01
-
-
<0.0 I
-
0.28
<0.01
-
5
<0.01
-
-
-
-
0.03
<0.01
-
6
<0.01
-
-
-
-
0.09
<0.01
-
7
0.05
-
0.03
-
-
0.01
0.08
-
8
<0.01
-
-
<0.01
-
0.15
<0.01
-
11
<0.01
-
-
<0.01
-
0.01
<0.01
-
12
0.12
-
-
<0.01
-
0.03
0.12
-
14
-
-
0.01
<0.01
-
-
0.02
-
15
0.14
-
-
0.05
-
-
0.19
-
Total
0.32
-
0.04
0.06
-
0.59
0.43
-
* *Values are rounded.
Page 4
Table 7. Stream Impacts in the New River Basin for Section R- 2915D.
Site
Permanent Fill in
Stream (linear ft.)
Temporary Fill in
Stream (linear ft.)
Total Stream
Impact (linear ft.)
Stream Impacts
Requiring
Mitigation
linear ft.
USACE
NCDWR
1*
312
46
358
312
312
2 n/a (wetland)
-
-
-
-
-
3A
60
-
60
60
-
313
56
73
129
56
-
4
-
19
19
-
-
5
76
-
76
57
-
6
168
25
193
120
168
7 n/a (wetland)
-
-
-
-
-
8
15
-
15
-
-
9
126
22
148
126
-
10
396
-
396
396
396
11
11
-
11
-
-
12
51
11
62
51
-
13 n/a (wetland)
-
-
-
-
-
14
162
14
176
162
162
15
12
-
12
12
12
16 n/a (wetland)
-
-
-
-
-
17A
28
23
51
28
-
17B
12
-
12
12
-
18
491
-
491
491
491
19
100
12
112
100
-
20A
55
18
73
55
-
20B
57
11
68
57
-
21
49
17
66
49
-
22
61
-
61
61
-
23A
19
-
19
19
-
23B
66
15
81
66
-
24*
22
10
32
22
-
25
12
-
12
12
-
26
108
48
156
75
-
27
134
-
134
134
134
28 n/a (wetland)
-
-
-
-
-
29
69
-
69
69
69
30 n/a (wetland)
-
-
-
-
-
31 n/a (wetland)
-
-
-
-
-
32
25
19
44
25
-
Totals
2753
383,
3136
2627
1744
*Indicates that stream is intermittent.
Page 5
Table 8. Riparian Wetland Impacts in the New River Basin for Section R- 2915D.
Site
Permanent
Fill (ac)
Temporary
Fill (ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
(ac)
Wetland Impacts
Requiring
Mitigation (ac)**
USACE
NCDWR
2
<0.01
-
-
-
-
<0.01
<0.01
-
3 B
<0.01
-
<0.01
0.02
-
0.03
0.03
-
4
0.10
-
-
0.04
-
0.14
0.14
-
7
0.25
-
-
0.05
-
0.30
0.30
-
13
<0.01
-
<0.01
-
-
<0.01
0.01
-
14
0.03
-
<0.01
0.01
-
0.05
0.05
-
15
<0.01
-
-
0.02
-
0.02
0.02
-
16
-
-
<0.01
-
<0.01
<0.01
-
17A
0.06
-
-
0.01
-
0.07
0.07
-
19
0.07
-
-
<0.01
-
0.07
0.07
-
20B
<0.01
-
-
<0.01
-
<0.01
0.01
-
21
0.17
-
<0.01
-
-
0.18
0.18
-
22
<0.01
-
-
<0.01
-
<0.01
<0.01
-
24
<0.01
-
-
0.01
-
0.02
0.02
-
25
0.11
-
-
0.05
-
0.15
0.15
-
27
0.04
-
-
<0.01
-
0.04
0.04
-
28
<0.01
-
-
0.02
-
0.02
0.02
-
30
0.04
-
-
0.06
-
0.10
0.10
-
31
0.06
-
-
<0.01
-
0.07
0.07
-
32
0.02
-
-
<0.01
-
0.02
0.02
-
Total
1.01
-
<0.01
0.3
-
1.32
1.32
-
* *Values are rounded.
The application provides adequate assurance that the discharge of fill material into the waters of the New 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 July 21, 2014.
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). 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
When final design plans are completed for R -2915 Sections C and E, a modification to the 401 Water Quality
Certification shall be submitted with five copies and fees to the'NC Division of Water Resources. 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 or surface waters
located in R -2915 Sections C and E shall begin until after the permittee applies for, and receives a written
modification of the 401 Water Quality Certification from the NC Division of Water Resources.
Page 6
2. 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 permit
conditions and avoidance and minimization measures. NCDWR staff shall be invited to the pre- construction
meeting.
3. Where streams within the project area carry supplemental classifications as Trout Jr), High Quality Waters
(HQW) or Outstanding Resource Waters (ORW), stormwater shall be directed to vegetated buffer areas, grass -
lined ditches or other means appropriate to the site for the purpose of pre - treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. Grassed
swales should also be utilized throughout the project to reduce water velocity, promote infiltration and provide
treatment for discharge before runoff enters streams. The permittee shall use Design Standards in Sensitive
Watersheds per 15A NCAC 4B.0 I 24(a)-(e) in areas draining to ORW, HQW waters. However, due to the size
of the project, the NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum
amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous
cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion
control.
4. Streams with Trout classifications require that in- stream work and land disturbance within the 25 -foot buffer
zone are prohibited during the trout- spawning season of October 15 through April 15 to protect the egg and fry
stages of trout.
5. Where possible, hand clearing in wetlands should be used in Section R -2915A rather than mechanized clearing.
6. The relocated portion of a wetland at Permit Site 7 for Section R -2915B should be a grassed swale that has been
designed to match the grade and shape of the existing wetland as much as possible.
7. Ensure that the planned installation of a cross vane structure at the downstream end of Old Field Creek at
Permit Site 6 for Section R -2915D is constructed in such manner that alleviates scour and erosion to the
maximum extent practical.
Channel relocations shall be completed and stabilized, and approved on site by NCDWR 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, additional rip -rap, above
which was approved in final approved design drawings, may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip -rap coverage requested. Once the stream has been turned into the new channel, it
may be necessary to relocate stranded fish to the new channel to prevent fish kills.
9. All portions of the proposed project draining to 303(d) listed streams that are impaired due to biological criteria
exceedances (i.e. Little Buffalo Creek) shall not discharge stormwater directly to surface waters. Stormwater
shall be treated using appropriate best management practices (e.g., vegetated conveyances, constructed
wetlands, detention ponds, etc.) prior to discharging to surface waters.
10. 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.
11. 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.
12. 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. To meet the requirements of NCDOT's NPDES permit NCS000250, please refer to
the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures.
13. 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
Page 7
approval from the NCDWR first.
14. 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.
15. 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.
16. 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.
17. Sites where streams are impacted due to site dewatering activities shall be graded to their preconstruction
contours and revegetated with appropriate native species.
18. 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.
19. Due to site conditions at Permit Site 9 for Section R- 291513, NCDWR will not require the burial of the culvert
inlet in this location. However, design and placement-of the culvert and other structures shall be installed in
such a manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced
by a widening of the streambed). Existing stream dimensions (including pattern and profile) are to be
maintained above and below locations of each culvert. The structures shall be designed and installed to allow
for fish and other wildlife movement as well as prevent headcutting of the stream. The applicant may be
required to provide evidence that the equilibrium has been maintained if requested in writing by the NCDWR.
20. Compensatory mitigation is required for stream impacts that include: 1,1 19 linear feet of impacts in Section R-
2915A, 533 linear feet of impacts in Section R -2915B and 2,627 linear feet of impacts in Section R- 2915D. 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 letters dated July 7, 2014 for R- 2915A; June 18, 2014 for R- 291513; and, June
3, 2014 for R -2915D 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.
21. Compensatory mitigation is required for impacts to riparian wetlands that include: 0.57 acres of impacts in
Section R- 2915A, 0.43 acres of impacts in Section R -2915B and 1.32 acres of impacts in Section R- 2915D. 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 letters dated July 7, 2014 for R- 2915A; June 18, 2014 for R- 291513; and,
June 3, 2014 for R -2915D that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above - referenced project, in accordance with EEP's Mitigation
Banking Instrument signed July 28, 2010.
General Conditions
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.
Page 8
2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO10000. Please note the extra protections for sensitive watersheds.
3. 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. Riparian areas are defined as a distance 25 feet landward from
top of stream bank.
4. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
5. 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.
6. 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.
7. 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.
8. 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.
9. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
10. 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.
11. 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.
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. 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 the 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, the NCDWR may
reevaluate and modify this certification.
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
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16. 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.
17. 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.
18. 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.
19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or appointee shall complete and return the enclosed "Certification of Completion Form" to
notify NCDWR when all work included in the 401 Certification has been completed.
21. 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.
22. 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.
23. 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.
24. 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 8:00am and 5:00pm, except
for official state holidays. The original and one (l) copy of the petition must be filed with the Office of
Page 10
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. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 8th day of September 2014
DIVISION OF WATER RESOURCES
G
homas A. Reeder, Director
Division of Water Resources
WQC No. 004001 '
Page I 1
r� r rA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699 -1617. 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
1, , 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:
1, ; 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:
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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location, 512 N Salisbury St Raleigh, North Carolina 27604
Phone: 919 -807 -63001 FAX- 919 - 733 -1290
Internet www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No. I Date
NorthCarolina
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