HomeMy WebLinkAbout20141226 Ver 1_Approval Letter_20150113HCDER
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
January 13, 2015
Guilford County
NCDWR Project No. 20141226
1-73 Connector
TIP No, 1-5110
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE RIPARIAN BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Richard Hancock, P.E., Manager
NCDOT, Project Development and Environmental Analysis Unit
Century Center — Building B
1020 Birch Ridge Drive
Raleigh, NC 27610
Dear Mr. Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the new
location 1-73 Connector (1-5110), from NC 68 to West of Greensboro Western Loop in Guilford County. This isa
modific4rilion of the original perinit dated Janua v 9, 2015. This certification replaces Ille original certification
issued to you on Anuary 9, 2015, This revision removed 20 linear feet of temporary stream impacts from
mitigation totals (Site 2 in Table 1). Tile revised stream mitigation totals are noted below in Table 1 (334 linear
feet) and reflect the mitigation totals accounted for in your permit application.
Table 1. Stream Impacts in the Cape Fear River Basin
Total Stream Impact for Project: 625 linear feet.
Table 2. Welland Impacts in the Cape Fear River Basin (Riverine)
Site
Fill
Fill
Permanent Fill
Mechanized
Total
Stream
Total Wetland
Permanent Fill
Temporary Fill in
in Perennial
Temporary Fill in
Stream
Impacts
Site
in Intermittent
Intermittent
Stream (linear
Perennial Stream
Impact
Requiring
Stream (linear ft)
Stream (linear ft)
ft)
(linear ft)
(linear ft)
Mitigation
<0.01
Total
<0.01
(linear ft)
I (RCP)
130
to
<0.01
140
I (Stabilization)
10
-
10
-
2 (RCP)
334
20
354
334
2 (Stabilization)
20
-
-
-
20
-
3 (Stabilization)
-
18
24
42
4 (CSP)
-
-
51
8
59
-
Total
494
30
69
32
625
334
Total Stream Impact for Project: 625 linear feet.
Table 2. Welland Impacts in the Cape Fear River Basin (Riverine)
Site
Fill
Fill
Excavation
Mechanized
Hand Clearing
Area under
Total Wetland
(ac)
(temporary)
(ac)
Clearing (ac)
(ac)
Bridge
Impact (ac)
(ac)
2
<001
<0.01
Total
<0.01
<0.01
Total Wetland Impact for Project. <0.01 acres.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919- 807 -63001 Internet: wvvw,ncdenr,gov
An Equal Opportunity V Affirmative Action Employer
Table 3. Open Water Impacts in the Cape Fear River Basin
Site
Permanent Fill in
Temporary Fill in
Total Fill in Open
Open Waters (ac)
Open Waters ac
Waters (ac)
1
0.43
-
0.43
Total
0.43
-
0.43
Total Open Water Impact for Project: 0.43acres.
Table 4. Jordan Lake Riparian Buffer Impacts
Notes: Wetland area was not deducted from buffer because wetland mitigation was not requested. Utility impacts
occur within maintenance area of sanitary sewer.
Total Buffer Impact for Project: 78,491 square feet.
Total Mitigation Required for Zone 1 plus Zone 2: 172,923 square feet.
The project shall be constructed in accordance with your application dated received November 24, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Jordan Lake Riparian Buffer Rules per 15A NCAC 02B .0267. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, 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 02B .0268. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Stream Mitigation 115A NCAC 2H.0506(h)]
Compensatory mitigation for 334 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
October 28, 2014 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.
Zone 1
= Zone 1
Zone 1 Buffer
Zone 2
= Zone 2
Zone 2 Buffer
Site
Impact
Buffers (not
Mitigation
Impact
Buffers (not
Mitigation
(sq ft)
wetlands)
Required (using
;`
(sq ft)
wetlands)
Required (using
(s ft)
3:1 ratio
(s ft )
1,51 ratio)
2 (Road
Crossing
21,955
21,955
65,865
14,027
14,027
21,040.5
3 (Road
Crossing)
21,551
21,551
64,653
14,243
14,243
21,364.5
4 {Road
Crossing}
2,986
2,986
0
3
1,720
1,720
0
4
(Utility)
942
942
0
1,158
1,158
0
Totals
47,434
47,343
130,518
..
31,148
31,148
42,405
Notes: Wetland area was not deducted from buffer because wetland mitigation was not requested. Utility impacts
occur within maintenance area of sanitary sewer.
Total Buffer Impact for Project: 78,491 square feet.
Total Mitigation Required for Zone 1 plus Zone 2: 172,923 square feet.
The project shall be constructed in accordance with your application dated received November 24, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Jordan Lake Riparian Buffer Rules per 15A NCAC 02B .0267. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, 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 02B .0268. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Stream Mitigation 115A NCAC 2H.0506(h)]
Compensatory mitigation for 334 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
October 28, 2014 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.
Riparian Buffer Mitigation 115A NCAC 026.02681
Compensatory mitigation for impacts to 43,506.0 square feet of protected riparian buffers in Zone 1 and 28,270.0
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement
Program (EEP). Mitigation for unavoidable impacts to Jordan Lake Riparian Buffers shall be provided in the Cape
Fear River Basin and done in accordance with 15A NCAC 213 .0268. EEP has indicated in a letter dated October 28,
2014 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.
Condition(s) of Certification:
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless
otherwise approved by this certification [15A NCAC 02B.0267(8)].
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. [I 5A NCAC 0213.0267]
3. Pursuant to 15A NCAC 213 .0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Lake Riparian Buffer without prior approval by the NCDWR. At this time, the 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. [ 15A NCAC 2B .0267(8).
4. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased
impervious surface requiring additional stormwater management may be subject the Jordan Water Supply
Nutrient Strategy (15A NCAC 02B .0267). The NCDOT shall coordinate with the NCDWR prior to
submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy
(15A NCAC 02H.0502). This condition does not apply to major modifications for additional sections of the
project that were covered under the Finding of No Significant Impact or approved in the Avoidance and
Minimization stage of the project.
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 the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the 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 028.0200]
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. The 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 the 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 02 H.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)]
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)]
11 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. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [I 5A NCAC 02H.0506(b)(2)]
14. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)1
15. 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. [15A NCAC
02H.0501 and .0502].
16. 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.
17. 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)]
18. 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 the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(f)]
19. 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.[ 15A NCAC 02B.0267(10)]
20. 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 0214.0506(b)(3) and (c)(3)
21. 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 ]eased
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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
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 S: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. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at (336)776-9703 or dave.wanucha@iicdeiit-.gov.
Sincerely,
Thomas A' Director
Division of Water Resources
Electronic copy only distributiom
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Colin Mellor, NC Department of Transportation
Rachelle Beauregard, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
A=*A
'At.)
HCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDW4R Project Nu:
Applicant;
Project Name:
Date of Issuance vy4O1 Water Quality Certification:
Donald van der Vaart
Secretary
Certificate vYCompletion
Upon completion of all work approved within the 40k Water Quality Certification orapplicable 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, 1650 Mail Service Center, Raleigh, NC, 27609-l650. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project oogiooec ltionot
necessary to send certificates from all of these
Applicant's Certification
i hereby state that, Wthe best oyoy 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 uf the 401 Water Quality Certification and Buffer Rules, the approved plans and
opeuifiuudouw,and other supporting materials.
Signature: Date:
Agent's CnYfficanoa
1, hereby state that, to the best ofm9 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 nf the 40| Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Eng/nomr's{erfif7co/io/
Partial Final
\, omm duly registered Professional Engineer |uthe State ofNorth
Carolina, having been authorized to observe (periodically, weekly, full tirne) the construction of the project for the
peooitteeberebymtatedat,tuthehestofwymhi\idew,dueoonmoddi|igemncnmyuyed{udbeobmexvuionoftho
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 Registration No.
Date
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300 \ Internet: www,nodenr.gov
An Equal Opportunity � Affirmative Action Employer