HomeMy WebLinkAbout20200628 Ver 1_Approval Letter_20200713DocuSign Envelope ID: A5C5C2B5-7922-4F6B-897F-2BF08BE79B8E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
NORTH CAROLINA
Environmental Quality
July 13, 2020
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for the proposed
widening and extension of Big Mill Farm Road and widening of Hopkins Road From I-40 Business/US 421 to
West Mountain Street with a new partial cloverleaf interchange at I-40 Business/US 421 in Forsyth County; STIP
No. U-5760; WBS Element NO. 46381.1.1. NCDWR Project No. 20200628.
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQ004231 issued to The North Carolina Department of Transportation
(NCDOT) dated July 13, 2020.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
S. agii47tJirector
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Amy Euliss, Division 9 Environmental Officer
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
t: �:.e- o ��512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CRii(J!JNn
o.p,ro,�em M End.— Way:ory 919.707.9000
DocuSign Envelope ID: A5C5C2B5-7922-4F6B-897F-2BF08BE79B8E
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of
the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15 NCAC
2H .0500. This certification authorizes the NCDOT to impact 0.110 acres of jurisdictional wetlands and 1,638 linear feet of
jurisdictional streams in Forsyth County. The project shall be constructed pursuant to the application dated received May 7,
2020. The authorized impacts are as described below:
Stream Impacts in the Yadkin Pee Dee River Basin (U-5760)
Site
Permanent Fill in Perennial Stream
(linear ft)
Temporary
Fill in
Perennial
Stream (linear
ft)
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear ft)
Culvert
Channel
Fill
New
Extension
Change
Improvements
lA
-
-
25
-
31
82
138
-
1B
-
-
522
-
20
20
562
542
2A
233
-
-
-
-
10
243
233
213
-
24
-
-
25
10
59
49
2C
82
-
-
-
-
10
92
82
4A
-
-
61
-
30
28
119
-
4B
-
-
-
-
35
19
54
-
6A
-
122
-
70
-
22
214
-
613
-
82
-
-
10
65
157
-
Totals
315
228
608
70
151
266
1,638
906
Total Stream Impacts for this Section: 1,638 linear feet
Wetland (Riverine) Impacts in the Yadkin Pee Dee River Basin (U-5760)
Mechanized
Impacts
Site
Fill
Excavation
Clearing
Total Wetland
Requiring
(ac)
(ac)
Impact (ac)
(ac)
Mitigation (ac)
2A
-
0.001
0.001
0.002
-
3
-
0.001
0.001
0.002
-
5
0.001
-
0.012
0.013
-
6A
0.093
-
-
0.093
-
Total
0.094
0.002
0.014
0.110
-
Total Wetland Impacts: 0.110 acres.
DocuSign Envelope ID: A5C5C2B5-7922-4F6B-897F-2BF08BE79B8E
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin River Basin in
conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received May 7, 2020.
Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one
acre or 300 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below.
In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not
limited to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
Mitigation Requirements
Compensatory mitigation for 906 linear feet of impact to streams is required. We understand that you have chosen to
perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS)
(formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a
letter dated April 13, 2020 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above -referenced project, in accordance with the DMS Mitigation Banking Instrument
signed July 28, 2010.
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. However, the nine
system at Site 6 is exempt from this condition as was explained in the application. 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 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 0213.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. [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)]
DocuSign Envelope ID: A5C5C2B5-7922-4F6B-897F-2BF08BE79B8E
8. Heavy equipment shall be operated from the banks rather than in the stream channel 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 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 or flagging 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]
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. [I5ANCAC 02B.0506(b)(2)]
18. 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 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 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. [I 5A 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.[ I 5A 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.
DocuSign Envelope ID: A5C5C2B5-7922-4F6B-897F-2BFO8BE79B8E
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)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA permit.
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 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 the 13th day of July in 2020
DIVISION OF WATER RESOURCES
ocuSigned by:
g Cap.�,(gl��l�(U
91Ja1$]61e1 JmDtll�gYlJirector
WQC No. WQC004231
DocuSign Envelope ID: A5C5C2B5-7922-4F6B-897F-2BF08BE79B8E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NCDWR Project No.:
NORTH CAROLINA
Environmental Quality
County:
Applicant:
Project Name:
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 Registration No.
Date
DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
vOry rN Cx:40:.itiA
o. —2o E�.—.�. a�:ri /� 919.707.9000