HomeMy WebLinkAbout20130223 Ver 6_20130223v5_R-2524CD_06142016_20160622
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
June XX, 2016
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for the proposed Greensboro Western Loop from north of
ST2176 (Bryan Boulevard) to SR 2303 (Lawndale Drive) in Guilford County, Division 7; Federal Aid
Project No. STP-NHF-124(1), WBS Element 34820.1.2, TIP Project No. R-2524 C and D.
NCDWR Project No. 20130223 v.5
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3965 issued to The North Carolina Department of Transportation
(NCDOT) dated July 2, 2013 and subsequent modifications dated April 15, 2014, June 25, 2015, and October 12,
2015.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
S. Jay Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Carla Dagnino, 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, Division of Mitigation Services
File Copy
State of North Carolina |Environmental Quality | Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300
Modification to the 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 an additional 0.08 acres of jurisdictional
wetlands and 1,151 linear feet of jurisdictional streams in Guilford County. The project shall be constructed pursuant
to the application dated received May 12, 2016. The authorized impacts are as described below:
Table 1. Site Number Key
Site Number Original Application Modification
(July 2, 2013) Application
(May 12, 2016)
1 -- 1
2 1 2
3A -- 3A
3 2 3
4 3 4
5 4 5
6 5 6
7 6 7
8 -- 8
9 7 9
10 -- 10
11 -- 11
12 -- 12
Table 2. Stream Impacts
Permanent Temporary Stream
Temporary Fill Permanent Fill Total
Fill in Fill in Impacts
Site Number in Intermittent in Perennial Stream
Intermittent Perennial Requiring
Stream Stream Impact
Stream Stream Mitigation
(linear ft) (linear ft) (linear ft)
(linear ft) (linear ft) (linear ft)
1
15 15 -- -- 30 --
Original approved
-- -- 393 10 403 393
impacts at Site 1*
New additional
-- -- 21 -- 21 21
impacts at Site 2
Total Impacts
with this approval
-- -- 414 10 424 414
at Site 2
Original approved
-- -- 919 10 929 919
impacts at Site 2*
New additional
158 -- 101 -- 259 101
impacts at Site 3
Total Impacts
with this approval
--
158 1,020 10 1,188 1,020
at Site 3
3A
96 -- -- -- 96 --
Original approved
-- -- 1,488 10 1,498 1,488
impacts at Site 3*
New additional
-- -- 93 2 95 93
impacts at Site 4
Total Impacts
with this approval
-- -- 1,581 12 1,593 1,581
at Site 4
Permanent Temporary Stream
Temporary Fill Permanent Fill Total
Fill in Fill in Impacts
Site Number in Intermittent in Perennial Stream
Intermittent Perennial Requiring
Stream Stream Impact
Stream Stream Mitigation
(linear ft) (linear ft) (linear ft)
(linear ft) (linear ft) (linear ft)
Original approved
-- -- 1,253 20 1,273 1,253
impacts at Site 4*†
New additional
-61 23 -38 -61
impacts at Site 5
Total Impacts
with this approval
-- -- 1,192 43 1,235 1,192
at Site 5
Original approved
141 10 -- -- 151 --
impacts at Site 5*
New additional
17 6 -- -- 23 --
impacts at Site 6
Total Impacts
with this approval
158 16 -- -- 174 --
at Site 6
Original approved
-- -- 311 10 321 311
impacts at Site 6*
New additional
-- -- 3 -- 3 3
impacts at Site 7
Total Impacts
with this approval
-- -- 314 10 324 314
at Site 7
8
-- -- 46 18 64 --
Original approved
-- -- 99 10 109 --
impacts at Site 7*
New additional
289 10 299
impacts at Site 9
Total Impacts
with this approval
-- -- 388 20 408 388
at Site 9
10
-- -- 34 20 54 --
12 -- -- 308 15 323 308
Total Additional
286 6 834 98 1,229
Impacts
427 16 5,297 158 5,913
Total Impacts
Total Stream Impact for Modification: 1,151 linear feet.
Commented \[WBL1\]:
Add utility impacts
Notes: * See Table 1 for explanation of site numbers.
† Impacts reflect the sum of impacts at site 4 in the original certification.
Table 3. Utility Impacts to Streams
Permanent Impacts Temporary Impacts Impacts Requiring
Site
(linear Feet) (linear feet) Mitigation (linear feet)
U1 -- 15 --
U2
-- 15 --
U3 -- 15 --
U4 -- 15 --
U5
-- 15 --
U6 -- 15 --
Total Impacts -- 90 --
Total Utility Impacts for Modification: 90 linear feet.
Table 4. Wetland Impacts
Permanent Fill Temporary Fill Mechanized Excavation Hand Clearing
Site
(ac) (ac) Clearing (ac) (ac) (ac)
11 -- -- --
0.05 0.03
Total 0.05 -- 0.03 -- --
Total Wetland Impact for Project: 0.08 acres.
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 12,
2016 and additional information dated received May 19, 2016. 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
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated July 2, 2013 and
subsequent modifications dated April 15, 2014, June 25, 2015, and October 12, 2015 still apply except where
superseded by this certification.
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 the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. \[15A NCAC 02H.0506(b)(2) and (b)(3)\]
3. Two copies of the final construction drawings shall be furnished to the 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 March 24, 2016 and additional
information dated received May 19, 2016. Any deviations from the approved drawings are not authorized
unless approved by the NC Division of Water Resources.
4. 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, 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. \[15A NCAC 02H .0506(b)(3)\]
5. 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. \[15A NCAC 02H .0506(b)(3)\]
6. 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. \[15A NCAC 02H.0506(b)(2)\]
7. 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. \[15A NCAC 02H.0506(b)(2)\]
8. 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.
\[15A NCAC 02H.0506(b)(2)\]
9. 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. \[15A NCAC
02H.0506(b)(2)\]
10. Compensatory mitigation for 19,125 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 Division
of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation
for the project. The DMS has indicated in a letter dated May 9, 2016 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010.
11. Compensatory mitigation for impacts to 0.08 acres of riverine wetlands is required at a 2:1 ratio. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the
North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to
implement the mitigation for the project. DMS has indicated in a letter dated May 9, 2016 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above-referenced project, in accordance with DMS’s Mitigation Banking Instrument signed July 28,
2010.
12. In accordance with commitments made in your application, all clearing of vegetation for purpose of
relocating overhead power lines within jurisdictional wetlands shall be performed without the use of
mechanized equipment. \[15A NCAC 02H.0506(b)(3)\]
13. The NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) for
crossings in the Lake Brandt Critical Area watershed. The HSCBs shall be located at Station numbers –
RPDY4- STA. 1+70 to STA. 5+00 LT and –L- STA. 443+75 to STA. 446+00 LT.
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
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 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. \[15A NCAC 02H.0506(b)(3)\]
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. 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. \[15A NCAC 02H.0506(b)(2)\]
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. \[15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)\]
15. 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 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 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. \[15A NCAC 02B.0506(b)(2)\]
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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]
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
North Carolina Sediment and Erosion
maintained in accordance with the most recent version of the
Control Planning and Design Manual
.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
North
be such that they equal, or exceed, the requirements specified in the most recent version of the
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,
North Carolina Surface Mining
and maintained in accordance with the most recent version of the
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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]
23. 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 (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 __th day of May 2016
DIVISION OF WATER RESOURCES
S. Jay Zimmerman, Director
WQC No. 4059
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
NCDWR Project No.:County:
_______________ _______________________
Applicant: _
_______________________________________________________________________
Project Name:
_____________________________________________________________________
Date of Issuance of 401 Water Quality Certification:
_____________________________________
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
or
may be returned to NCDWR by the applicant, the applicant’s authorized agent, 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: ___________________________________________ Date: ___________________________
Agent’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: ___________________________________________ 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 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature ____________________________________ Registration No. _____________ Date ______________
State of North Carolina |Environmental Quality | Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300