HomeMy WebLinkAbout20191067 Ver 1_Approval Letter_20191008DocuSign Envelope ID: C2AC47B7-B889-46B2-A291-F949158021E4
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Errvtrtid"M#rrrdf Quality
October 8, 2019
Mecklenburg County
NCDWR Project No. 20191067v.I
Intersection of SR2195 & SR5544
State Project No. U-5906
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Joel Howard, Acting Division Environmental Officer
NCDOT, Division 10
716 West Main Street
Albemarle, NC 28001
Dear Mr. Howard:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
constructing intersection improvements at SR 2195 (Torrence Chapel Road) and SR 5544 (West Catawba Avenue)
in Mecklenburg County:
Stream Impacts in the Catawba River Basin
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Total Stream
Stream Impacts
Site
in Intermittent
in Intermittent
in Perennial
in Perennial
Impact
p
Requiring
Stream (linear
Stream (linear
Stream
Stream
(linear ft)
Mitigation
ft)
ft)
(linear ft)
(linear ft)
(linear ft)
1
33
18
51
33
0
0
0
0
0
0
TOTAL
0
0
33
18
51
33
Total Stream Impact for Project: 51 linear feet.
The project shall be constructed in accordance with your application dated received August 12, 2019. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. 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
RENorth Carolina Department of Environmental Quality I Division of Water Resources
Y 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C2AC47B7-B889-46B2-A291-F949158021E4
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to perennial 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 Certification:
Project Specific Conditions
1. 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)]
2. For the 15 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species. [I 5A NCAC
02H.0506(b)(2)]
3. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds. [ 15A
NCAC 02H.0506(b)(2)]
4. All stormdrain inlets shall be given extra protection due to the very urban nature of the area. Each
stormwater inlet shall be considered an outfall due to the inability to recover any spill once it enters the
stormdrain and all lead to surface water features. [15A NCAC 02H.0506(b)(2)]
5. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity
shall be designed, constructed, and operated with sediment and erosion control measures that meet Design
Standards in Sensitive Watersheds (15A NCAC 4B .0124).
6. This project may have coal ash fill areas. Additional requirements will be needed to ensure compliance
with the Coal Ash Management Act of North Carolina. Please see the enclosed attachment for additional
requirements should these fill areas be encountered. (NCGS 130A-309.2 Coal Ash Management Act)
7. Due to the proximity of Lake Norman, monthly documented area inspections will be required from the
onset of this project to ensure compliance with not impacting Bald Eagle nesting areas.
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.
[I5ANCAC 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
e:!5fQE North Carolina Department of Environmental Quality I Division of Water Resources
o.prtn.n M r..r�r�`
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C2AC47B7-B889-46B2-A291-F949158021E4
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 0213.0200]
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. [I 5A 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.
[I5ANCAC 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 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]
e:!5fQE North Carolina Department of Environmental Quality I Division of Water Resources
o.prtn.n M r..r�r�`
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C2AC47B7-B889-46B2-A291-F949158021E4
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 (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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.023l(b)(6)]
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 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.
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)]
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 5: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:
e:!5fQE North Carolina Department of Environmental Quality I Division of Water Resources
o.prtn.n M r..r�r�`
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C2AC47B7-B889-46B2-A291-F949158021E4
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 Donna Hood at (704)235-2193 or donna.hood@ncdenr.gov.
Sincerely,
DocuSigned by:
Lm�a �u�lpepper; Director
Division of Water Resources
Electronic copy only distribution:
Nicholle Brasbennickx, US Army Corps of Engineers, Charlotte Field Office
Joel Howard, Division 10 Environmental Officer
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
G.p- M �
919.707.9000
DocuSign Envelope ID: C2AC47B7-B889-46B2-A291 -F949158021 E4
Guidelines for DOT when Encountering Coal Ash Material
NCDOT should immediately notify Regional DWR staff when coal ash material is encountered.
The following information should be documented regarding coal ash material encountered and provided
to appropriate DWR staff:
• Date/Time coal ash material was encountered.
• Exact location(s) (latitude/longitude), as well as, dimensions of area coal ash material was
encountered.
• Total amount of coal ash material removed.
• Documentation of proper disposal of coal ash material.
• Type and volume of fill material used to backfill excavated area.
The following precautions should be taken and properly addressed by NCDOT when coal ash is
encountered:
• When excavating coal ash material, it would be best to reduce the amount of time the
excavation stays open to mitigate exposure to both personnel and stormwater.
• If coal ash material is staged for any amount of time once removed from the excavation, it
should be properly staged using best management practices. Coal ash material should be
staged on plastic and kept covered to eliminate the potential for the material to become
airborne due to wind, as well as, runoff due to wet weather. Other BMPs should be utilized as
needed (i.e., wattles, silt fencing, etc.).
• Contact stormwater should be properly managed. Steps should be taken to reduce and/or
eliminate the potential for contact stormwater. If contact stormwater is present, then it should
be properly handled and disposed of.
• Proper PPE should be utilized by personnel who may come in contact with coal ash material (this
should be covered under NCDOTs health and safety plan).
• Stormwater piping should not be routed through ash fill areas. Nor should stormwater drainage
features such as swales, ditches, etc. Should piping have to be placed near ash, non -reactive
piping material such as HDPE should be utilized.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: C2AC47B7-B889-46B2-A291-F949158021E4
ROY COOPER
Governor
MICRAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Errvtrtid"M#rrrdf Quality
NCDWR Project No.:
Applicant:
Project Name:
County:
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
may be returned to NCDWR by the applicant, the applicant's authorized agent, or 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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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
Date
Registration No.
RENorth Carolina Department of Environmental Quality I Division of Water Resources
Y 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000