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Home My WebLink About20150931 Ver 1_Approval Letter_20160215Water Resources ENVIRONMENTAL OUALIiY February 15, 2016 Mr. Colin Mellor Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 N.� I �ICI: ROI�l� I)i�\ �\i I; IZ V�_��' I)l��ll �'��.1K"I' <. � , �_ J 1Y %IMh11?IZf�1AN Subject: 401 Water Quality Certification Modification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to [-77 in Mecklenburg County, Federal Aid Project NHF-077-1(209)9; WBS No. 45454.1.1, T[P I-5405. NCDWR Project No. 20150931 Dear Mr. Mellor: Attached hereto is a modification of Certification No. WQC004036 that was issued to The North Carolina Department of Transportation (NCDOT) dated November 13, 2015. This Individual Certification now includes temporary impacts and bank stabilization to sites 5-C, 6-C, and 7-C and applies only to the 1-5405 section of the I-77 HOT Lanes project. lf we can be of further assistance. do not hesitate to contact us. Sincerely, V ��^ S. Jay Zimmerman, Director Division of Water Resources Attachments Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Larry Thompson, Division 10 Environmental Officer Carla Dagnino, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Donna Hood, NC Division of Water Resources Mooresville Regional Office File Copy 1617 Mail Service Center, Raleigh, North Carolina 27695-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer 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 .0500. This certification authorizes the NCDOT to impact 0.07 acres of jurisdictional wetlands and 410 linear feet of jurisdictional streams in Mecklenburg County. The project shal! be constructed pursuant to the appiication dated received September 9, 2015. The authorized impacts are as described below: Stream Impacts in the Catawba River Basin Permanent Fill Temporary Fill Permanent Fill Temporary �11 Stream Bank �n Intermittent in Intermittent in Perennial in Perennial Total Stream Impacts Site Stabilization Impact Requiring Stream Stream Stream Stream (linear feet) ��near ft) (linear ft) (linear ft) (linear ft) ��near ft) Mitigation linear ft 2-C 40 60 60 0 3-C 150 150 0 4-C 33 33 33 5-C 65 35 17 52 35 6-C 21 26 42 68 26 7-C 99 91 40 131 91 I -GR 182 182 TOTAL 225 68 17 117 474 494 185 Total Stream Impact for Project: 494 linear feet Wetland Impacts in ihe Catawba River Basin � � � otal (mpacts I Fill � Mechanized I Hand � Excavation VVetland Requiring Site Fill (ac) (temporary) �a�� Clearing Clearing �mpact Mitigation (ac) (ac) (ac) ac ac 1-C 0.01 0.06 0.07 0.01 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.01 0.06 0.00 0.00 0.00 0.07 0.01 Total Wetland Impact for Project: 0.07 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Catawba 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 y�our application dated received September 9, 2015. Should your project change, you are required to notify the NCDWR and submit a new application. [f 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 ali the conditions. [f any additional wetiand impacts, or stream impacts, ror 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 1�A NCAC 2B .0243. For this approval ta remain valid, you are r2cuired to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local perrnits befo�e proceeding with your project including (but not I�mited to) Sedimert and Erosion control, Coastal Stormwater, TJon-discharge and Water Supply watershed regulations. This Certification shall expire on the same da}� as the expiration daie of the corresponding Corps of Engineers Permit. Condition(s) of Certification: General Conditions 1. Unless otherwise approved in this certificaiion, placement of culverts ana 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. [ I SA NCAC 02B.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. Th? �:se of r�p-ra� above ±he �:ormal H:gh Water _M.ark shal! be min�m�zPd. An � rip-�ap placed f�r 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 l5A 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. [ I SA 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. [ISA NCAC 02H.0506(b)(3)] i �. I�ischar�ing hydr�seed rnixtures ai�d washing out hydroszeders anci otlier equipment in or ad�acent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 1.2. The permi�tee and its authorized agents shall conduct its ac�ivi;ies in a man7er cansistent with Stni� water quality standards (including any requirements resulting from compliance with 5303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. lf the NCDWR determines that such standards or laws are not being met (including the failure to sustain a desigr�atec� 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. [ I SA NCAC 02B.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: l, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 14. A copy ofthis Water Quality Certification shall be maintained on the constructien site at all times. In addition, the Water Quality Certification and all subseyuent moclifications, if any, shall be maintained with the Division Engineer and the on-site project manager. [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (�)(�)l 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. [ 1 SA NCAC 02B.0506(b)(2)� 18. 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(�] 19. 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 �ompletior of cor.structior..f .� 15_A_ NCAC 02B4O23 !(b)(6)] 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.[ISA NCAC 02H.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 Contro! 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 Mamral. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of th� Szdimentation Pollution Control Act. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved hy this Certification. [ I SA NCAC Q2H.0506(bl(3) and (c)(3)] Violatio;�s of any condition herein set forth may result in revocation of this Certification and may result in crininal 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 Administrativ� Hearings within sixty (60) days of receipt of this nctice. A petition is considered filed when it is received in the ofiice of Adrninistrative Hearings during normal office hours. The Gffice 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 15th day of February 2016 DIVISION OF WATER RFS(�URCES �_ 1 � t S. Jay Zimmerman, Director WQC No. 004036 Water Resources ENVIRONMEN7Al. OUA�I I�Y NCDWR Project I�o.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: P;��"l' ;ti�1Cl�IZl�lZ1" u�� n ii. vn�� r�i iz �� .��EiT �. J:11" /l'�1ti11 k�1:1N 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 Mait Service Cznter, Raleigh, NC, 27699-15�7. 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. Applieant's Certificat�on 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. Si�nature: Ca�e: Agent's Ce�tification 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: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 40l Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Statz of North �azolir�a �Euvironmentnl Quality � Wafer Resourees 1617 Mail Service Center, Raleigh, Pdorth Carolina 27699-1617 ?hone:919-807-6300