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HomeMy WebLinkAbout20190188 Ver 2_Approval Letter_20201202 DocuSign Envelope ID: FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 lag .b n� ROY COOPER (:: 7"-HN Governor MICHAEL S. REGAN ,„, Secretary S. DANIEL SMITH NORTH CAROL I N A. Erwiranmerrral Quality Director December 2,2020 Johnston County NCDWR Project No.20190188 v.2 US Hwy 70 TIP No.W-5600 REAPPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,with ADDITIONAL CONDITIONS Mr.Kevin Bower,PE,Division Engineer NCDOT Division 4 PO Box 3165 Wilson,NC 27895 Dear Mr.Bower: You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of highway and interchange upgrades to US 70 in Johnston County: Perennial Stream Impacts in the Neuse River Basin Site Permanent Stream Bank Temporary Total Stream Impacts Fill Relocation Stabilization Impact Impact Requiring DWR (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Mitigation(linear ft) 1 121 0 32 18 171 0 3 82 198 14 40 334 0 1 7 84 0 41 42 167 0 10 95 75 285 92 547 455 14 501 0 44 30 575 545 Total 883 273 416 222 1794 1000 Total Perennial Stream Impact for Project: 1794 linear feet. Intermittent Stream Impacts in the Neuse River Basin Site Permanent Fill Bank Stabilization Temporary Impact Total Impact (linear ft) (linear ft) (linear ft) (linear ft) 4 42 23 20 85 8 125 0 10 135 11 157 57 83 297 13 63 27 40 130 17 97 0 20 117 Total 484 107 173 764 Total Intermittent Stream Impact for Project: 764 linear feet. 11.Utfl,p) 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: FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 Wetland Impacts in the Neuse River Basin Site Permanent Fill Excavation Mechanized Clearing Hand Clearing Total Wetland Impact (ac) (ac) (ac) (ac) (ac) 1 A 0.66 0 0.07 0.14 0.87 1 B 0.09 0 0.08 0.05 0.22 2 <0.01 <0.01 <0.01 0 0.02 3A 0 0.02 0.01 0.02 0.05 4A <0.01 0 <0.01 0 0.02 4B <0.01 0 0.07 0.07 0.14 5 0 0 0.02 0 0.02 6 <0.01 0 0.04 0 0.04 6A 1.84 0 0.45 0 2.29 8A <0.01 0 0.02 0 0.02 8B 0 0.02 <0.01 0 0.02 9 0.39 0.03 0.14 0 0.56 l0A 0.11 0 0.14 0 0.25 10B 0.03 0 0.05 0 0.08 11A 0.20 0 0.07 0.06 0.33 11B <0.01 0 0.02 0 0.02 13A 0.01 0.06 0 0 0.07 14A 0.55 0.04 0.11 0.05 0.75 14B 0 0.04 0.03 0.03 0.10 15 0.10 0 0.03 0.04 0.17 16 0.22 0 0.06 0.04 0.32 Total 4.20 0.22 1.41 0.48 6.31 Total Wetland Impact for Project: 6.31 acres. Open Water(Pond)Impacts in the Neuse River Basin Site Permanent Fill in Open Waters (ac) 11 0.13 12 0.09 Total 0.22 Total Pond Impact for Project: 0.22 acres. Neuse Riparian Buffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required(using (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) (sq ft) 1 8716 7313 1403 4209 5648 3892 1756 2634 4 4541 1107 3434 N/A 3039 650 2389 N/A 7 13293 0 13293 39879 9441 0 9441 14162 10 26175 3877 30052 90156 22007 3017 18990 28485 11 21004 5588 15416 46248 11139 3594 7545 11317 13 3713 1618 2095 N/A 2325 674 1651 N/A 14A 27991 24625 3366 10098 15197 8302 6895 10343 E Q5 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: FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 14 9151 2309 6842 N/A 5070 908 4162 N/A 17 7239 0 7239 N/A _ 4526 0 4526 N/A Totals 121823 46437 75386 190590 78392 21037 57355 66941 *n/a=Site Impact Allowable,no mitigation required Total Buffer Impact for Project: 200215 square feet. The project shall be constructed in accordance with your application received February 12,2019 and renewal request dated November 30,2020. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Regional General Permit 31 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules(15A NCAC 2B.0233).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 Certification replaces the one issued March 7,2019. 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 150 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.0233.For this approval to remain valid,you must adhere to the conditions listed in the General Certification and any additional conditions listed below. Conditions of Certification: 1. Compensatory mitigation for 1000 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 January 31,2019 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. 2. Compensatory mitigation for impacts to 4.48 acres of riparian wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services(DMS)(formerly NCEEP),and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated January 31, 2019 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010. 3. Compensatory mitigation for impacts to 63530 square feet of protected riparian buffers in Zone 1 and 44628 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services(DMS)(formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC.02B .0295.The DMS has indicated in a letter dated January 31,2019 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed June 14,2016. 4. In accordance with commitments made in your application,the 1.41 acres of wetlands impacted via Mechanized Clearing will be seeded and revegetated with native wetland species.By end of construction,NCDOT shall submit to NCDWR a report indicating the areas revegetated with details on species and coverage areas,to be approved by NCDWR staff. 5. Channel relocations shall be completed and stabilized,and approved by NCDWR,prior to diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation,and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also,rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream,but the applicant must I C/ 10 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:FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel,it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC 02H.0506(b)(3)] 6. At locations where ponds will be drained,proper measures will be taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond draining techniques will create significant disturbance to native aquatic species,additional measures such as collection and relocation may be necessary to prevent a significant fish kill. NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species,and the most appropriate measures to limit impacts to these species. [15A NCAC 2H.0506(b)(3)] 7. 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 down stream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact the 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)] 8.If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] 9.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)] 10.For all 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)] 11.The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks,as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 12. Pipes and culverts used exclusively to maintain equilibrium in wetlands,where aquatic life passage is not a concern, shall not be buried. These pipes shall be installed at natural ground elevation. [15A NCAC 02H.0506(b)(2)and(b)(3)] 13.All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by this certification. [15A NCAC 2B.0233] 14.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.0233] 15.Pursuant to 15A NCAC 2B.0233(6),sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time,the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts,anywhere on this project. Moreover,sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 0-7?) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID:FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 16. 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] 17.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)] 18. 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)] 19. 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)] 20.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)] 21. 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)] 22.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. [15A NCAC 02H.0506(b)(3)] 23. 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)] 24.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)] 25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 26.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] 27. 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)] 28. 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)] 29. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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] 30. 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. 31. 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)] 0-7?) 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: FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 32. 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)] 33.Native riparian vegetation(i.e.,trees and shrubs native to your geographic region)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.0233(10)] &[15ANCAC 02B.0506(b)(2)] 34. 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)] 35.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. 36. Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)] 37.When applicable,all construction activities shall be performed and maintained in full compliance with G.S.Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards,statutes,or rules occur. [15A NCAC 02H.0506{b)(3)and(c)(3)and 15A NCAC 02B.0200] 38. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135] 0-7?) 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:FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 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 Rob Ridings at rob.ridings@ncdenr.gov. Sincerely, LizioDocuSigned by: i3Smdd 74)irector Division of Water Resources Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office Chad Coggins,Division 4 Environmental Officer Beth Harmon,Division of Mitigation Services File Copy 0-7?) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: FF0224EE-B4FC-47DC-9CDB-B3844DB2CD80 ROY COOPER ] "`=. Governor '■ O MICHAEL S.REGAN ., „ I.S1* Secretary `$ , . _: LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality NCDWR Project No.: 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: 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 N D Nop En Quality Resourc , . —A vJl 512 NorthrthCarolina SalisburyDe Streetartment 1of 1617 Mail Service Center RaleighDivision,NorthofWater Carolina 27699es -1617 NORTH CAROLINA oso.mwM or amronnwvi(Wily 919.707.9000