HomeMy WebLinkAbout20200758 Ver 1_Approval Letter_20200727 DocuSign Envelope ID:568D8068-711 F-45C0-8D88-C3C0ECB95823
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ROY COOPER °''1 .
Governor NORTH CAROLINA
MICHAEL S. REGAN Ens+rarrrh.trtral Quality
Secretary
S. DANIEL SMITH
Director
July 27,2020
Alamance County
NCDWR Project No.20200758
US 70 Widening
TIP U-6010
APPROVAL of 401 WATER QUALITY CERTIFICATION and BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr.Mike Mills,PE
Division 7 Engineer,NCDOT
PO Box 14996
1584 Yanceyville Street
Greensboro,NC 27415
Dear Mr.Mills:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of
widening and improving US 70.
Stream Impacts in the Cape Fear River Basin
Permanent Fill in Perennial Temporary Fill in Permanent Fill in Stream
Stream Perennial Stream Intermittent Stream Total Impacts
Site (linear ft) (linear ft) (linear ft) Stream Requiring
Impact Mitigation
Fill Stabilization Dewatering Fill (linear ft) (linear ft)
1 59 77 29 - 165 -
2 11 83 12 - 106 -
3 - - - 74 74 -
Totals 70 160 41 74 345 -
Total Stream Impacts: 345 linear feet
r, E QJ North Carolina Department of Environmental Quality Division of Water Resources
12N h SalisburyStreet1 17M it ServiceCenter Raleigh,N h r Carolina 27 1 17
�c _ �, 5 North 6 a Ce toNorth Ca o a 699 6
919.707.9000
DocuSign Envelope ID:568D8068-711 F-45C0-8D88-C3C0ECB95823
Wetland Impacts in the Cape Fear River Basin Riverine
Fill Mechanized Total Wetland Wetland Impacts
Site (ac) Clearing Impacts Requiring Mitigation
(ac) (ac) (ac)
1 0.003 - 0.003 -
2 0.004 0.013 0.017 -
3 0.013 - 0.013 -
4 0.011 0.003 0.014 -
Totals 0.037 0.16 0.047 -
Total Wetland Impacts for the project: 0.047 acres
Jordan Lake Riparian Buffer Impacts
Zone 1 Zone 2
Zone 1 Minus Zone 1 Buffer 1 Zone 2 Minus Zone 2 Buffer
Site Impact Wetlands Buffer Mitigation Impact Wetlands Buffer Mitigation
(sq ft) in Zone 1 Impacts Required (sq ft) in Zone 2 Impacts Required
(sq ft) (sq ft) (3:1 ratio) (sq ft) (sq ft) (1.5:1 ratio)
1 9301 33 9268 - _ 4523 62 _ 4461 -
2 7378 - 7378 - _ 3421 - 3421 -
Totals 16679 33 16646 - I 7944 62 7882 -
Total Buffer Impact for Project: 24,528 square feet.
The project shall be constructed in accordance with your application dated received June 10,2020. 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. This approval
is also valid for the Jordan Riparian Buffer Rules(15A NCAC 2B .0267).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 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). Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC 2B .0267.For this approval to remain valid,you must adhere to the
conditions listed in the attached certification(s)and any additional conditions listed below.
�� 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
° `°a°i""'� ti. 919.707.9000
DocuSign Envelope ID:568D8068-711 F-45C0-8D88-C3C0ECB95823
Condition(s)of Certification:
Project Specific Conditions
1. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to
the preconstruction contours and revegetated.Maintained buffers shall be permanently revegetated with
non-woody species by the end of the growing season following completion of construction. For the
purpose of this condition,maintained buffer areas are defined as areas within the transportation corridor
that will be subject to regular NCDOT maintenance activities including mowing.The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction. 15A NCAC 2B.0267
2. For the streams being impacted due to site dewatering activities,the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
General Conditions
1. 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]
2. 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)]
3. 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)]
4. 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)]
5. 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)]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
Q� 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
° `°a°i""'� ti. 919.707.9000
DocuSign Envelope ID:568D8068-711 F-45C0-8D88-C3C0ECB95823
11. 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]
12. 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)]
13. A copy of this Water Quality Certification and all subsequent modifications shall be maintained on the construction
site at all times. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
14. 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]
15. 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.
16. 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)]
17. Upon completion of the project(including any impacts at associated borrow or waste sites),the 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)]
18. 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 02B.0267]
19. 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)]
20. 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.
Q� 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
° `°a°i""'� ti. 919.707.9000
DocuSign Envelope ID:568D8068-711 F-45C0-8D88-C3C0ECB95823
21. 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 8:00am and 5:00pm,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 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@ncdenr.gov.
Sincerely,
DocuSigned by:
9C9?8 312DQD474...
S.Daniel Smith,Director
Division of Water Resources
Electronic copy only distribution:
David Bailey,US Army Corps of Engineers,Raleigh Field Office
Jerry Parker,Division 7 Environmental Officer
Gary Jordan,US Fish and Wildlife Service
Travis Wilson,NC Wildlife Resources Commission
Nancy Scott Oberle,Three Oaks Engineering,Inc. (Nancy.oberle@threeoaksengineering.com)
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
° `°a°i""'� ti. 919.707.9000
DocuSign Envelope ID:568D8068-711 F-45C0-8D88-C3C0ECB95823
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ROY COOPER °''1 .
Governor NORTH CAROLINA
MICHAEL S. REGAN Errirlirarrrh.trued Qrfalrr),
Secretary
S. DANIEL SMITH NCDWR Project No.: County:
Director
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: Date:
Agent'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: Date:
Engineer's Certification
Partial Final
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
r, �� North Carolina Department of Environmental Quality I Division of Water Resources
12N h SalisburyStreet1 17M it ServiceCenter Raleigh,N h r Carolina 27 1 17
aniic7 _,+ �, 5 North 6 a Ce toNorth Ca o a 699 6
919.707.9000