HomeMy WebLinkAbout20171354 Ver 1_Approval Letter_20171115ROY COOPER
Gorernnr
MICHAEL S. REGAN
.1�en<�rarr
Environmentul LINDA CULPEPPER
lnternn Ufrec[nr
Quality
November I 5, 2017
Rowan County
NCD W R Project No. 20171354
Innes Street Market Drive Extension
TIP U-5820A
APPROVALof401 WATERQUALITYCERTIFICATIONwithAUDITIONALCONDITION5
Ms. Amy Euliss
Environmental Off icer
NCDOT, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Euliss:
You have our approval, in acmrdance with the conditions listed below, for the following impacts related to a new
road to extend Innes Stree[ Market Drive and make improvements to SR 1006 in Rowan County:
Wetland Riverine Im acts in [he Yadkin Pee Dee River Basin
F��� Hand Clearing Mechanized To[al Impac[s
Site �eC� (temporary impacts) Clearing Wetland Requiring
(ac) (ac) Impact (ac) Mitigation (ac)
I 0.04 0.01 <0.01 0.05 -
2 <0.01 0.03 0.01 0.04 -
3 <0.01 - <0.01 O.OI -
Total 0.04 Q046 0.02 0.11 -
Site
Total
I'otal Wetland Impac[s for this Section 0.11 acres.
in the Yadkin Pee Dee River Basin
Temporary Fill in Open Permanent Fill in
Waters Open Waters
(ac) (ac)
- 0.0 I
- 0.01
Total Open Water Impacts: O.OI acres.
State o( North Carolina � Envimnmental Qualiry
1h17 Mail Strvlce Center I Ralzigh. North Carolina 27699-1617
Total Fill in Open
Waters (ac)
0.01
The project shall be constructed in accordance with your application dated October 24, 2017. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4088.
This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 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 300 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(s) and any additional conditions listed below.
Condition(s) of Certi�cation:
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. [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 ar adjacent to surface waters
is prohibited. [15ANCAC 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 a'll 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 shall be clearly marked by highly visible fencing/flagging prior to any land disturbing
activities. Impacts to areas within the marked areas 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)]
1$. 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 Complefion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
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 02H.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 mu§t be designed, installed, operated, and.
maintained in accordance with the most recent version of the 1Vorth Carolina Sediment and Erosion Control
Planning andDesign 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 Nortli Carolina
Sediment and Erosion Contf-ol Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste.,pile (spoil) projects, including contractar-owned or leased borrow pits associated with the
proj ect.
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
requiremeau 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(bx3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an adminishaNve 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 Heazings.
The petition may be fa7ced-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. Bill F. Lane, General Counsel
Department of Environmental 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 Dave Wanucha at (336) 776- 9703 or Dave Wanucha(a�ncdenr.�ov.
Sincerel ,
�-�c�.�'��n `
i da Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
En viron m en ta I
Qualrty
NCDWR Project No.:
ApplicanC
Project Name:
Date of Issuance of 401 Water Qualiri Certification:
County:
ROY COOPER
c�,� �" ���„
M[CHAEL S. REGAN
,ti��erernrv
LINDA CULPEPPER
GNeriiu On'rc4nr
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Cenification or applicable But%r Rules, and
any subsequent moditications, the applicant is required to retum this certificate tu the 401 Transportation Pemiitting
Uni[, North Carolina Division of Water Resources, 16I7 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be re[urned ro NCDWR by the applican[, the applican['s authorized agen[, or [he projec[ enoineec It is not
necessaty to send certificates from all of these.
Applicmu'.s Cerlifica�ron
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 subs[antial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supportin, materials.
Signature: Date:
Agent'.s Cer�ifrealion
I. , hereby state that, ro the best of my abilities, due caze and diligence
was used in the observation ofthe construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certifica[ion and ButTer Rules, the approved plans and
specifica[ions, and other supportine materials.
Sienature:
E�igineer'.s Cerlificalion
Partial Final
I, , as a duly registered Professional Eneineer in [he Sta[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby sta[e that, to the bes� of my abili[ies, due care and diligence was used in the observation of the
construction such [hat [he construction was observed to be built within substantial compliance and intent of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Statz oti North Carolina I Emironmental Quahty
1617 Mail Service Center I Raleigh, Nonh Carolina 27699-1617