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Home My WebLink About20170864 Ver 1_Approval Letter_20170802ROY COOPER aora,n�,r MICHAEL S. REGAN `'rcrrrru.r Environmenfal S. JAY ZIMMERMAN �� •� �o� Qunlity August 2, 3017 Robeson County NCDWR Project No.20I70864 Intersection of US 74 and SR 2220 TIP No. R-5752 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Greg Burns, P.E., Division Engineer NCDOT, Division 6 PO Box I I50 Fayetteville. NC 28302 Dear Mr. Burns: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing an Interchange at the Intersection of US 74 and SR 2220 (Broadridge Road) and a Directional Crossover at US 74 and SR 2225 (Cheek Road) in Robeson Coimty: Stream Im acts in the Lumber River Basin Site Station Permanen[ Fill Temporary Permanent Temporary Total Stream (From/To) in Intermitten� Fill in Fill in Fill in Stream Impacts Stream Qinear Intermittent Perennial Perennial Impact Requiring f[) Stream Stream S[ream Qinear Mi[igation Qinear ft) Qinear ft) (linear f[) ft) (linear ft) 1 33+66 — 37+15 L 17 10 27 2 38+64 — 45+49 L-LT 110 50 160 351 351 (naturalized ditch to be relocated) 3 52+88 — 56+45 L-LT '145 70 215 4 61+78 — 68+76 L-LT 78 44 122 574 114 127 60 875 Total �oca��iream �mpaccs: ��i unear�eei -`'"'Nothing Compares' � � Stare o(North Carolina I Environmental Qualiry 1617 Mail Servicz Cemer I Raleigh. North Carolina 27699-1617 Wetland Im acts in the Lumber River Basin Site Fill Fill Excavation Mechanized Hand Area Total (ac) (temporary) (ac) Clearing Clearing under Wetland (ac) (ac) (ac) Bridge Impact (ac) (ac) 1 33+66 — 37+15 L 0.040 0.130 0.110 0.280 4 61 +78 — 68+76 L-LT 0.320 0.140 0.46 5 63+70 — 83+84 L-LT 0.840 0.470 1.31 1.200 0.130 0.720 2.05 Total Total Wetland Impacts: 1.2 acres. The project shall be constructed in accordance with your application dated received July 12, 2017 and additional information received on August 2, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4093. This certification corresponds to the Nationwide Permit 23 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local pertnits 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). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. 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) 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) 3. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not,a concern, shall not be buried. These pipes shall be installed at natural ground elevation. [15A NCAC 02H.0506(b)(2) and (b)(3) 4. 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)] General Conditions • 5. 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)] 6. 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] ' 7. 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)] 8. 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)] 9. 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)] 10. 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)] 11. 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)] 12. 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)] 13. 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)] � 14. 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)] 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 16. 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] 17. 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)] 18. 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 (�)(2)] 19. 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] 20. 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. 21. 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)] 22. 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(fl] 23. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project by the end of the growing season following completion of construction. [15A NCAC 02H.0506(b)(2)] 24. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit witho.ut 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)] 25. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 26. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at the site, they shall be removed and the natural grade restored upon completion of the project. [15A 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 Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 4313100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Departrnent of Env'vonmental Quality 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 Joanne Steenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov. Sincerely ��( : S. J Zimm an, D'vector Division of Water Resources Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Jim Rerko, Division 6 Environmental Officer Chris Rivenbark, NC Department of Transportation Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office File Copy Envir'onmentai Qualiry NCDWR Project No.: Applicant Project Name: Date of Issuance of 401 Wa[er Quality Certification: County: ROY COOPER t;,,��•„�,,,� MICHAEL S. REGAN ��o�rn��,� S. JAY ZIMMERMAN n��,-n�� Certificate of Completion Upon completion of all work approved within the 401 Water Quality Cenification or applicable Buffer Rules, and any subsequent moditications, the applicant is required to return this certificate to the 401 Transporta[ion Permitting Unit. North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC, 2 7699-1 6 1 7. This form may be remmed to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not necessary ro send certificates from all of these. Applicari!'s Certificalinii I, , hereby s[ate Iha[, to the bes[ of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed ro be 6uilt within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specitica[ions, and o[her supportine ma[erials. Si;nature: Date: AgenYs Cerrifrcutron I, , hereby state [hat, to [he best of my abili[ies, due care and diligence was used in the observation of the construction such that ihe construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and 6uffer Rules, the approved plans and specitications, and other supporting materials. Signature: Engineer's Cerlifrcafi�n Partial Final Date: I, , as a duly regis[ered Professional Engineer in Ihe State of North Carolina, having been authorized to observe (periodically. weekly, full [ime) the construction of the pr�jec[ for the Permittee hereby state [hat, to the best of my abilities.. due care and diligence was used in the observation of [he construction such that the construction was observed ro be built within substantial compliance and inten[ ofthe 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and o[her supportine materials. Signature Date Registration No. %'Nothing Compares — � Sta[e of Nonh Carolina I F.nvironmental puality Ifil7 Mail Sercice Cenmr I Raleigh. Nonh Carolina.'7699,1617