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Home My WebLink About20120142 Ver 1_Approval Letter_20120510r t A� NCDENR North Carol na Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakdd P E Governor Director May 10 2012 Dr Greg Thorpe PhD Manager Protect Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh North Carolina 27699 1598 Dee Freeman Secretary Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed widening and new lane construction from US 74 (Rockmgham/Hamlet Bypass) to US 220 (Ellerbe Bypass) in Richmond County Federal Aid Project No NHF 0220(4) State Protect No 8 1580802 TIP R 3421A B & C NCDWQ Project No 20120142 Dear Dr Thorpe Attached hereto is a copy of Certification No 3916 issued to The North Carolina Department of Transportation (NCDOT) dated May 10 2012 If we can be of further assistance do not hesitate to contact us Sincerely �C arles Wakild Director Attachments cc Ronnie Smith US Army Corps of Engineers Wilmington Field Office (electronic copy only) Richard Hancock PE Division 8 Engineer Art King Division 8 Environmental Officer Chris Mihtscher Environmental Protection Agency (electronic copy only) Travis Wilson NC Wildlife Resources Commission (electronic copy only) Mason Herndon NCDWQ Fayetteville Regional Office File Copy Transportation and Permitting Unit 1650 Mad Service Center Raleigh North Carolina 276991650 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 -63001 FAX 919 - 807 -6488 Internet www rimateraualdv om An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturally 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 Quality (NCDWQ) Regulations in 15 NCAC 2H 0500 This certification authorizes the NCDOT to impact 14 45acres of,junsdictional wetlands and 13 569 linear feet of ,jurisdictional streams in Richmond County The project shall be constructed pursuant to the application dated received February 10 2012 This certification only authorizes construction of Section C of the project The authorized impacts are as described below Stream Impacts in the Yadkin Pee Dee River Basin Site Location Permanent Fill in Intermittent Stream (linear ft) Temporary Fill in Intermittent Stream (linear ft) Permanent Fill in Perennial Stream (linear ft) Temporary Fill in Perennial Stream (linear ft) Tom Stream Impact (linear feet) Stream Impacts Requiring Mtigation* (linear ft) R -3421 A re hmina 1 24 +55/26+90 FLY 364 364 364 2 94 +45/98 +20I73 1097 1097 1097 3 12+60/14 +55 LPC 676 676 676 4 108 +12 /109+601 73 511 511 511 5 10+04 /12+05 RPD 435 435 435 7 33 +10/44 +51 L2-REV 1247 100 1 347 1 247 8 132 +75/135 +72 US 74 187 187 187 TOTAL 0 0 4,517 100 4,617 4,517 R- 421B rehmma 1 148+07 & 150+96 U 24 15 39 0 2 12+90 Y4- & 42 +86 SR1 28 40 68 0 3 166+62 &168+00 Lr 759 37 796 759 4 178 +71 L 352 26 378 352 5 216+69 U 645 20 665 645 7 229+82 L- 610 20 630 610 8 236 +34 U 832 90 922 832 11 15 +33 Y5 47 10 57 0 TOTAL 0 0 1 3,297 258 3,555 3,198 R -3421 C 5 380 +50 U 278 20 298 278 8 435+00 L (LT) 629 10 639 629 9 435+00 L,(RT) 463 20 483 463 12 23+00 SR5 40 10 50 0 13 462 +70 U (LT) 205 20 225 0 14 14+00 YIORPD 538 10 548 538 16 8+00 YIORPD 61 61 0 17a/b 473+00 L-(LT) 381 10 606 10 1 007 606 18 485 +50 L- 208 17 225 0 18 484 +90 L (RT) 10 10 0 19 489+40 L- 199 22 221 0 20 502+60 L 191 24 215 0 21 509+50 U 279 167 446 279 23 518+60 L,(RT) 449 21 470 449 24 534 +50 L,(RT) 212 8 220 0 26 14+07 Y8 41 20 61 0 27 25+00 Y8REV 196 22 218 196 TOTAL 1 446 111 1 3,540 1 300 %597 3 438 PROJECT TOTAL. 1 446 111 11 354 658 1 11 153 Mitigation for intermittent streams is not required for this project as the FONSI was signed prior to October 16 2009 Total Stream Impact for Project 13 569 linear feet Wetland Impacts in the Yadkin Pee Dee River Basin Site Location Wetland Type YPe (ac) Fill (temp.) (ac) Excavation Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) Impacts Requiring Mitigation (ac) R -3421A (Preltmma 2 94+45/98+20173 Ripanan 076 076 076 6 125+90/127+50173 Rbpanan 019 006 025 025 7 33 +10/44 +51 L2REV Rtpanan 001 005 009 015 015 8 132 +75/135 +72 US 74 Riparian 003 006 009 009 TOTAL 099 000 005 021 000 125 125 R 3421B rehmma 1 148+07 & 150+96 L- Riparian 022 003 025 025 3 166+62 &168+00 L- Riparian 003 003 003 4 178 +71 L- Riparian 008 001 009 009 6 226 +70 U Ripanan 058 <0 01 058 058 8 236 +34 L- Riparian 020 <0 01 020 020 9 302 +79 L- Riparian 037 005 042 042 10 304 +32 L- & 13 +93 Y5RPC Ripanan 106 005 1 11 1 11 11 15 +33 Y5 Riparian <0 01 <0 01 002 002 12 353 +20 Lr Riparian 179 013 192 192 TOTAL 434 000 000 028 000 462 462 R 3421C 1 354 +45 L- Riparian 003 005 008 008 2 355 +25 L- (LT) Ripanan 016 004 020 020 3 373 +40 L- (LT) Riparian 017 002 019 019 4 376 +50 L- Riparian 069 010 079 079 5 380+50 L- Riparian 130 001 014 145 145 6 385 +50 L, (LT) Non Rip <0 Ol 001 001 001 7 398 +50 L• Riparian 258 <0 01 008 266 266 8 435+00 L- (LT) Riparian 019 007 005 031 031 9 435+00 U (RT) Riparian 059 001 007 067 067 10 451+00 L- (RT) Rbpanan 083 009 092 092 12 23+00 SR5 Riparian 016 <0 01 016 016 16 8+00 YIORPD Riparian 002 001 003 003 24 534 +50 Lr (RT) Riparian 007 001 001 009 009 25 109+30 SR4- (LT) Riparian <0 Ol 001 001 001 26 14+07 Y8 Riparian <0 01 <0 Ol 002 002 002 28 68 +54 Y9SBL- (RT) Non Rip <0 01 000 000 29 14 +50 SR2 (RT) Non Rip 006 001 007 007 30 18 +20 SR2 Riparian 027 006 033 033 31 22+00 SR2 Riparian 016 002 018 018 33 11 +50 Y14- Riparian 011 012 023 023 34 118+00 SR4- 1 Riparian 014 <0 01 004 018 018 TOTAL 751 000 012 095 000 858 858 PROJECT TOTAL 1284 000 0 17 144 000 1445 14 45 Total Wetland Impact for Protect 14 45 acres (14 37 acres riparian/0 08 acres non riparian) Open Water Impacts in the Yadkin Pee Dee River Basin Site Location Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) 11 11+00 YIOLPD (RT) 035 035 12 23+00 SR5 003 003 15 28+00 SR4- 124 124 16 8+00 Yl ORPD 099 099 22 511 +50 L, (LT) 012 012 32 59+00 YBREV (LT) 004 004 TOTAL 277 000 277 Total Open Water Impact for Protect 2 77 acres The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee Dee 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 February 10 2012 Should your project change you are required to notify the NCDWQ 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 150 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 Conditions of Certification Project Specific Conditions 1 The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site NCDWQ staff shall be invited to the pre construction meeting 2 Mitigation Compensatory mitigation for 3 438 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 Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated January 17 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced protect in accordance with the EEP Mitigation Banking Instrument signed July 28 2010 Compensatory mitigation for impacts to 8 58 acres wetlands (8 50 acres riparian 0 08 acres non riparian) is required We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated January 17 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28 2010 3 At locations where ponds will be drained proper measures will be taken to dram 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 The permittee shall observe any natural channel re establishment or utilize natural channel construction techniques to ensure that the jurisdictional stream channel above and below the drained pond remain stable and that no additional impacts occur within the natural stream channel as a result of draining the pond 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 NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 5 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 6 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengineermg boulders or structures should be properly designed sized and installed 7 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 8 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 9 When final design plans are completed for R 3421 Sections A and B a modification to the 401 Water Quality Certification shall be submitted with five copies and fees to the NC Division of Water Quality Final designs shall reflect all appropriate avoidance minimization and mitigation for impacts to wetlands streams and other surface waters No construction activities that impact any wetlands streams or surface waters located in R 3421 Sections A or B shall begin until after the permittee applies for and receives a written modification of the 401 Water Quality Certification from the NC Division of Water Quality General Conditions 10 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 11 During the construction of the project no stagmg of equipment of any kind is permitted in waters of the U S or protected riparian buffers 12 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 14 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 NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 15 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 16 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 17 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 18 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 19 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 20 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 21 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification 22 All fill slopes located in , jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 23 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 24 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 25 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 a local state and federal) having ,jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 26 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 27 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 28 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 29 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 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 30 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 31 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 NCDWQ when all work included in the 401 Certification has been completed 32 Violations of any condition herem 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 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) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This the 10th day of May 2012 DIVISION OF WATER QUALITY Z-- C arl ak Director WQC No 003916 Beverly Eaves Perdue Governor NCDWQ Protect No Applicant Protect Name �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild P E Director Date of Issuance of 401 Water Quality Certification County Dee Freeman Secretary 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 Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to NCDWQ 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 Certtfication 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 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 Date Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 276991650 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 -63001 FAX 919 -807 -6488 Internet www rimaterguality org An Equal Opportunity 1 Affirmative Action Employer Registration No One NorthCarohna Nahmallb,