HomeMy WebLinkAbout20130477 Ver 4_Approval Letter_20180430��r,���
Environ mer� taf
Qunlrty
ROY COOPER
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N1ICH.AEL S REG�N
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LINDA CULPEPPER
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North Cai•olina llivision of' Wnter Resources
Trnnsportation Permitting Unit
Iu-Field Minor 401 Water Quality Ccrtification, Buffer Certi�cation and Isolated Water Perinit
Modification
Date: April 26, 2018
Subject [n-field Modificalion to the 401 WaCer Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act and Randleman Lake Watershed I3uffer Rules in High Point, Guilford County, Division 7; "fIY
Project No. U-3615B, NCDW2 Project No. 20I30477.
Modification Description:
NCDOT would lil<e to re-iroute a pipe on [hc Skcct Club RoaA project. NCDOT installed the double 66" pipe iuider 7ohnso� Street,
but chan�ed the material to CMP ins[ead of RCP. Due [o jeopardizing fhe structural integrity of the CMP, NCDOT is requesting
fo brin� fhe 1 S" RCP tu tl�is drainage area in fivi�[ of the headwall instead of tlirough ajm�clion box over the 66" CMP.
NCDOT is requesting that this change be reviewed Co see if a permit modification is needed si�ce tha outlet of the I 8" chao�es its
discharge in Che JS.
NCDOT RepresentaLive: Jeriy Parker
NCDWR Representative: April Norton
Courtesy copy submitted to USACE representative, llavid Bailey.
_ _ `�-Nothing Coi��pares"--._-
state ofNonh camlina � Environmental Quality
1617 Mail Service Center �[taleigh, Nortli Carolina 27699-1617
In-Fiepd Modificati�on
Page 2 out c�f 3
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Figure 1. Modification Slcetch — CJ-361 �B
�'liis in-field madificatic�n is required for the followin� reason�s):
Coi�ditsans under w11ic1i t}re original cei-iificatio� was issued }�ave cilan�ed in tlie following n�anner:
NCDO'�' �nstalled the double 66" i e under Jol�sc�n Str�et b��t c11a���ed the ma�te�•ial ta CMP inst�ead of RCP. Due 40
jeopardizin� the structura� inte�ri'tv oi the CMP NC�OT is ree�uesti�t� to bi•ing the 18" RCP to this draina�e area in
fi�oni of ihe �eadwaQ� insfead of t(irQuQ�junction bax over the 66" C1V�P.
This in-field� modrfication as valid only if issued by a�� au#horized agenk af the Division of Watea• Resources,
Ti•a�sportation Per�nitIIing iJa�it �
This in,field �nodification authorizes t}te NCd]OT to bring the 18" RCP to the d�•ainage area in front of the headwall
instead of througl� a junetian Uox over tf�e 66" CMP, as indicated in the above s[cetch. The projeci sR�al I Uc eonsti•ucted
as d�scribed in the d4'dodification Desci•iption and Sketch on Page d of tlzis docun�ent datecd April 26, 2018. A�y f'urki�er
changes to the orig�nal Water QuaCi�y Ce��Eificatian c�ated June 28, 2013 �nay require a formal written moc�ificatian
rec{i►es4r.
The descriptdon of tl�e proposed ac�ion pravides adequate assw�ance that t}te p�•oposed action in the
Kandleman Ri�+er Basin in canjui3ction with the }���oposed deve9oprc�ent wilt nof result in a violation of app�icable
Waier Quality Stanclarcis and discha�•ge �uidelit�es. Therefore, the State af NorEh Ca�olina certifies that tii�s acrivity
wilV not w9ol�te the app�licable po�°tions of Sectian 301, 302, 3a3, 306, 307 of PL �32-SQO anci P�. 95-217 if condatcted
in acco�°clance with t�le app�ication and coslditions hereinafter set for-th. S9iould your project change, you are required
to notify tl�e NCDW� and subm�t a new applicatiora. If the property �s sold, the new awner �nust be ,�iven a copy of
this Cei�tification and app�rovaf �etter, and is there�y responsible foz• coin�➢ying with all conditions. For this ap�roval
to 1°eniain valid, yoa� are ��equii•ed� to com}�ly with all the conditions lisied below. In addition, you should obtain all
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�¢i�/� 4/30/2018
Tn- Field Modification
page 3 of 3
other federal, state, ar local permits before proceeding with your project including (but not limited to) Seditnent and
Erasion control, Coastal Stormwater, Non-discharge and Water 5uppiy watershed regulations. This Modification
Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Pea�mit.
Conditions(s) of Modification Approval:
1. As-built drawings of the proposed action shail be submitted to the NCDWR Transportation Pernaitting Unit
within 30 days of completion ofthe action.
2. All the authorized action activities and conditions of the certification associated with the original Water
Quality Gerti�cation dated and all other co�responding modification still apply except where
superseded by this certi�cation.
Additional Conditions:
The permittee and its authorized agents shall conduct its activities in a manner consistent with State wate�•
quality staiidards (including �ny requirements resulting from compliance with §303(d) of the Clean Water
Act} and any other appropriate requirements of 5tate and Federai law. If the NCDWR determir�es that such
standards or faws are not being met (including the failure to sustain a dasignated or achieved use) ar that
State oy federal law is being violated, or that further conditions are necessary to assure compliance, the
NCDWR may reevaluate and modify this ceriifcation [l5A NCAC 02B.020D
2. 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 [15E1 NCAC 02H.OSQ6(b)(3) and (c){3};
a. The erosion and sediment control measures for the project must be designed, instal]ed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosron
Conh�al Planning and Design Marra�ad.
b. The design, installation, operation, and maintenance of the sediment and erosion cont�•ol measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the Not•th
Carolirra Sedin2eni artd Erosiaz Control Manual. The devicas shall be maintained on all construction
sites, borraw sites, and waste pile (spoil) projects� including contractor-owped or leased borrow pits
associated with the project. `
c. For borrow pit sites, the erosion and sedime�t control measures must be designed, insta�led, operated,
and maintained in accordance with the most recent version of tl�e North Carolina Swface Minrng
Mcrnual.
d. The reclamation measures and irnplementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
3. AII stormwater runoff shall be directed as sheeiflaw through stream buffers at non-ez•osive velocities, unless
otherwise approved by this certification. Insert buffer rule citation.
4. All riparian buffers impacted by the placement of teznps�razy fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shal! 6e permanently revegetated with non-
woody species by the end af the growing season foIlowing completion of construction. For this condition,
maintained buFfer areas ai•e defined as areas within the transportation carridor that wiil be subject to regular
NCDOT maintenar�ce activities including mowir�g. The az•ea witk� nan-maintained buifers shail be
permanently revegetated with native woody species before the next growing season %llowing completion of
canstruction, [15A NCAC 2B .250]
5. Pursuant to 15A NCAC 2B .25Q sediment and e��osion control de�ices shall not be placed in Zone 1 of any
Randleman Buffer without prior approval by tlae NCDWR. Currently, the NCDWR has not approved any
sediment and erosion control devices in Zone 1, outside af the approved project impacts, anywhere on this
project. Moreover, sedimeni and erosian cantrol davices shall be allowed in Zone 2 of the buffers if Zone 1
rs not compromised and that discharge is released as diffuse flow.
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In-Fie]d Modification
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6. Any modifications ta this 401 Water Quality Certification that propose additionaI stream impacts or increased
impervious surfaee requiring additional stormwater manageix�ent may be subject the Randleman Water
Supply Nut�•ienfi Strategy (15A NCACO2B .0250). The NCDOT sliall coordinate with the NCDWR priar to
submitting a modif�cation request to determine the applicability of the Randleman Water Supply Nutrient
Strategy. This condition does not apply to major modifications for additional sections of the project tfiat
were cavered under the Finding of No Significant Impact or approved in the Avoidance and Minixnization
stage of the project.
Fai]ure to const�•uct the proposed action as described in the Modification Descz-iption and Sketch on
Page 1 of this docufnent and/or vioiations ofany condition herein set forth may ��esult in revocation ofthis modification
appro�+al and may result in criminal and/or civil penalties. This modification appro�al shall become ��ul] and �oid
unless the above canditions are made conditions of fhe Federa140�1 andlor Coastal Area. Management Act Pe�-�nit. If
the Corps of Engineers reyuires a formai written modification to the �40�3 permit for the proposed action, the
NCDWR mnst require a formal written modification to the 401 WQC, and thea•efore, this in-t"ield modifieation
is invalid. If additional irripacts for this project (now or in the future) exceed (one acre, 300 linear feet, or one-third
of an acre/300 linear feei, respeetively), ar if mitigation is required above and beyond the current mitigation
requirement for this project, this in-field modification is invaIid and a for•rnal written modification is required.
This imfield modification is effective upan the date the last party signs this document. This in-field modification is
made upon agreement between NCDOT and NCDWR as indicated by the signatures below and is, therefare, not
subject ta appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant
to the contested case provisions oFthe AdministraYive Procedure Act, NC Gen. Stat. § I SOB-23 et se .
DocuSigned by:
NCDWR Signature: �'P�+-� ���
4�3��201$ 03BAC6376A6340D...
Date:
NCD(
Date:
�— An authorized agent of the Transportation Permitting Unit is defined as NCDW1t staf'f that are DOT-funded and review and
issue 401 Water Qua[ity Certificafion for DOT projects. These staff include Central Office and Regional Dffice personnel.