HomeMy WebLinkAbout401_GCreissue_20190229_R-3830_NC42 DocuSign Envelope ID:295607AC-2642-45D9-8F38-373DD6E9B6FC
F.ME STATE oF"
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ROY COOPER
Governor ° O
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MICHAEL S.REGAN
Secretary �4f WpM NOES_S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
January 19, 2021
DWR#20190229v2
Lee County
Mr. Philip S. Harris, Ill, PE, CPM
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT R-3830,Widening NC42 from US421 to SR1579 and along SR1579 from NC42 to
SR1538, WBS#38887.1.1
Patchet Creek, Cape Fear River Basin
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application dated
and received January 13, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4135 and the conditions listed below. This Certification replaces the Certification
issued on March 6, 2019. This certification is associated with the use of Regional General Permit
Number 50 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required
by (but not limited to)Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
D E - Nort h nment of om Quality I Wte
512 NorthCaroli SalisburyaDepart Street 1 1617Envir Mail n Serviceental Center I RaleighDivision,Northofa
Carolina erRsources 27699-1617
NORTH CAROLINA
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DocuSign Envelope ID:295607AC-2642-45D9-8F38-373DD6E9B6FC
NCDOT R-3830
DWR#20190229v2
401 Certification
Page 2 of 6
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Bank Total Wetland
(ac) (temporary) (ac) Clearing(ac) Stabilization impacts(ac)
(ac) (ac)
l 0.008 -- -- -- -- 0.008
2A -- -- _ -- 0.034 -- 0.034
2B -- -- _ -- _ 0.014 -- 0.014
3A -- -- -- -- 0.044 0.044
3B -- -- -- 0.008 -- 0.008
4 0.030 -- -- -- -- 0.030
5A -- -- -- -- 0.002 0.002
6 0.030 0.019 -- -- -- 0.049
Totals 0.068 . 0.019 l -- 0.056 0.046 0.189
Total Wetland Impacts for Project:0.189 acres. .
Stream Impacts in the Cape Fear River Basin
Site Temporary Impacts Permanent Fill Permanent Fill in Permanent Fill in Permanent Fill Total Stream
Due to in Perennial Perennial Stream Intermittent in Intermittent Impacts
Fill/Dewatering/Bank Stream Due to Due to Bank Stream Due to Stream Due to (linear feet)
Stabilization Culvert Stabilization Culvert Bank
(linear feet) (linear feet) (linear feet) (linear feet) Stabilization
• (linear feet)
S 1 -- 71 -- -- -- 71
S2 -- -- 14 -- -- 14
S3 20 -- -- -- -- 20
S4 -- 78 -- -- -- 78
S5 -- -- 18 — -- 18
S6 43 -- -- — -- 43
S7 -- -- -- 88 -- 88
S8 -- -- -- -- 16 16
S9 25 -- -- -- -- 25
SIO -- 56 -- -- -- 56
S I 1 13 -- -- -- -- 13
S12 -- -- 24 -- -- 24
S I3 19 -- -- -- -- 19
S14 -- -- -- 20 -- 20
S15 10 -- -- -- -- 10
130 205 56 108 16 515
Totals
Total Stream Impacts for Project: 515 linear feet
This approval is for the purpose and design described in your application.The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify DWR within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee becomes aware of the
circumstances.
The permittee shall report to DWR any noncompliance with, and/or any violation of, stream or wetland
standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands.
DocuSign Envelope ID:295607AC-2642-45D9-8F38-373DD6E9B6FC
NCDOT R-3830
DWR#20190229v2
401 Certification
Page 3 of 6
Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions:
1. As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the
future,the bridge demolition must be accomplished in strict compliance with the most recent
version of NCDOT's Best Management Practices for Construction and Maintenance Activities.
[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
2. 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)]
3. 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)]
4. 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]
5. 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)]
6. 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)]
7. The use of riprap above the Normal High-Water Mark shall be minimized.Any riprap 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)]
8. 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)]
9. 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:295607AC-2642-45D9-8F38-373DD6E9B6FC
NCDOT R-3830
DWR#20190229v2
401 Certification
Page 4 of 6
10. 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)]
11. 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)]
12. 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)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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 028.0200]
15. 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)]
16. A copy of this Water Quality Certification shall be maintained on the construction site always. 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)]
17. 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]
18. The issuance of this certification does not exempt the Permittee from complying with 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.
19. 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)]
20. Upon completion of the project (including any impacts at associated borrow or waste sites),the
NCDOT Division Engineer(or whomever is the authorized agent if a non-NCDOT project) shall
DocuSign Envelope ID:295607AC-2642-45D9-8F38-373DD6E9B6FC
NCDOT R-3830
DWR#20190229v2
401 Certification
Page 5 of 6
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)]
21. 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.0506(b)(2)]
22. 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 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)]
23. 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 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.
24. 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)]
25. All sediment and erosion control devices shall be removed, and the natural grade restored
within two (2) months of the date that the Division of Energy, Mining and Land Resources
(DEMLR) or locally delegated program has released the specific area within the project. [ISA
NCAC 02H.0506(b3) and (c)(3)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please be aware
that by having impacted waters without first applying for and securing the issuance of a 401 Water
Quality Certification,you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H
.0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
DocuSign Envelope ID:295607AC-2642-45D9-8F38-373DD6E9B6FC
NCDOT R-3830
DWR#20190229v2
401 Certification
Page 6 of 6
whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification required by Section
401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division
of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to
a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Rob Ridings at 919-733-9817 or rob.ridings@ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
Amy Chapman
Supervisor
Transportation 401 & Buffer Permitting Branch
Division of Water Resources, NCDEQ
cc: USACE Raleigh Regulatory Field Office (via email)
Art King, Division 8 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Jason Dilday, NC Department of Transportation
Rob Ridings, NC Division of Water Resources Central Office
File Copy
DocuSign Envelope ID:295607AC-2642-45D9-8F38-373DD6E9B6FC
___„E STATE o ',
ROY COOPER �, 'III
Governor g O'
sg <, � 2;,
MICHAEL S.REGAN ,, 2❑6 .
Secretary *fEfMNOEW i_
S.DANIEL SMITH 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
Completed hard copies can be emailed to kristilynn.carpenter@ncdenr.gov or mailed to:
NCDEQ Transportation Permitting
1617 Mail Service Center
Raleigh NC 27699-1617
D_E Department of Quality I of Water Re
NORTHCAROLINA
vvv���////// 512 NorthNorthCarolina Salisbury Street 1 1617 MailEnvironmental Service Center I RaleighDivision,North Carolinasources 27699-1617
Department of Environmental Quality 919.707.9000