HomeMy WebLinkAbout20171434 Ver 1_Approval Letter_20171127Environm en ra(
QUQ�I�y
ROY COOPER
G�mernor
MICHAEL S. REGAN
1'UCreln/P
LINDA CULPEPPER
Grlrr'i�q Dlre<'lor
November 27, 2017
Columbus County
NCDWR Project No. 20171434
SR 1001 Hallsboro Rd Interchange
TIP No. R-5749
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Greg Bums, PE Division Engineer
NCDOT, Division 6
558 Gillespie Stree[
Fayetteville, NC 28302
Dear Mr. Burns:
You have our approval, in acwrdance wi[h the conditions listed below, for the following impacts for the purpose of
comerting an at arade intersection to an interchange at the intersection of US 74 and SR 1001 in Columbus County:
Wetland Im acts in [he Lumber River Basin
Total Impacts
Fill Fill Excavation Mechanized Hand Wetland Requiring
Site (ac) (Temporary) (ac) Clearing (ac) Clearing Impacts Mitigation
ac ac ac
3 0.210 ram 0.060 0.270 N/A
6 0.200 ram 0.200 N/A
7 0.010 ram 0.010 0.020 0.040 N/A
10 0.030 ram 0.010 0.040 N/A
I I 0.040 ram 0.040 0.1 10 0.190 N/A
13 0.020 0.020 N/A
TOTA 0.490 0.050 0.220 0.76 N/A
L
fotal Wetland Impact for Yro�ect: U.U76 acres.
O en Water Im acts in the Lumber River Basin
Site Pernianent Fill in Temporary Fill in Total Fill in
O en Waters ac O en Waters ac O en Waters ac
1 ram 0.19 0.02 0.21
2 ram 0.12 0.03 0.15
5 Y line 0.03 0.01 0.04
8 Y line 0.02 0.02 0.04
I 1 ram 0.07 0.01 0.08
12 ram 0.04 0.02 0.06
13 ram 0.02 0.02 0.04
14 derour culvert 0.02 0.02
IS detourculvert 0.03 0.03
TOTAL 0.49 0.18 0.67
fotal Upen Water Impact tor YroJecL' u.ti� acres.
State of Nonh Carolina I F.nvironmenml Quality
1617 Mail Sernce Cemzr I Raleigh, Nonh Carolina 27699-1617
The project shall be constructed in accordance with your application dated received November 8, 2017 and
additional information received on November 27, 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 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 1501inear 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)
General Conditions
2 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)]
3 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]
4 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)]
5 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)]
6 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)]
7 The Permittee shall ensure that the fmal 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
��)�2)�
8 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 inflowing water. [15A NCAC 02H'.0506(b)(3) and (c)(3)]
9 9 Heavy equipment shall be operated from the banks rather than in the stream channel in arder to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
10 All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluid's, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
11 No rock, sand'or other materials shall be dredged from the stream channel except where authorized by this
certification. [15ANCACO2H.0506(b)(3)] ' �
12 Dischargmg hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to '
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
13 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]
14 All fll 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)]
15 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)]
16 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.OSOl ,and .0502]
17 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.
18 The Permittee shall report any violations of this certification to th'e Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
T9 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(�]
20 Native riparian vegetafion 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.0231(a)(6)]
21 There shall be no excavation from, or waste disposal irito, 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)]
22 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. T'he design, installation, operation, and maintenance of the sediment and erosion control
measwes must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Cmolina Sediment and Erosron Conbol 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 emsion and sediment control measures must be designed, uutalled,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mitting Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
23 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 (cx3)]
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 nortnal office hours. The Office of
Administrative Hearings accepu 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 Heazings within five (5) business days following the fa�ced 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) 431-3100
A copy of the petition must also be served on DEQ as follows:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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@ncdear.gov.
incerely,
��
Lin Culpepper, Interim D'vector
Division of Water Resources
Electronic copy only dishibution:
Liz Ha'v, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Endvonmental Officer
Joanne Steenhuis, NC Division of Water Resources Wilming[on Regional Office
File Copy
Environmental
Qualiry
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
co��cy:
ROY COOPER
Gorcrnrn�
MICHAEL S. REGAN
Seurtnrr
LINDA CULPEPPER
b!!Nr'iNl /)V��tYor
Certifica[e of Completion
llpon completion of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate ro the 401 Transportation Pemiitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleioh, NC, 27699-1617. This form
may be retumed to NCDWR 6y the applicant, the applicant's authorized agent, or the project engineec It is not
necessary to send certificates from all of these.
Applicanf's Certifrcation
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 Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Da[e:
Agen!'s Certifrca(ion
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 Certifrcntion
Partial Final
1, , as a duly regisrered Professional Enginecr in the State of North
Carolina, having been authorized to observe (periodicalty, 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 [hat 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 o[her supporting materials.
Signature
Date
Registration No.
Staie ol' North Carolina I Gnvironmental Qualiry
1617 Mail Service Center I Raleip�. Nonh Carolina 27699-1617