HomeMy WebLinkAbout20110931 Ver 1_Approval Letter_20120625 (2)A�
GA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
June 25 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dee Freeman
Secretary
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed widening of SR 1406 (Pmey Green Road) from NC 24 to US
17 in Onslow County Federal Aid Project No STP 1406(4) WBS No 35801 1 1 TIP U 3810
NCDWQ Protect No 11 0931v 3
Dear Dr Thorpe
Attached hereto is a copy of Certification No 3928 issued to The North Carolina Department of Transportation
( NCDOT) dated June 25 2012
If we can be of further assistance do not hesitate to contact us
Sincerely /
(Charles Wakild
Director
Attachments
cc Brad Shaver US Army Corps of Engineers Wilmington Field Office
Karen Fussell PE Division 3 Engineer
Stoney Mathis Division 3 Environmental Officer (electronic copy only)
Chris Militscher Environmental Protection Agency (electronic copy only)
Gary Jordan US Fish and Wildlife Service (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Jason Elliott NCDOT Roadside Environmental Unit
Steve Sollod Division of Coastal Management
Michael Ellison Ecosystem Enhancement Program
Sonia Carrillo NCDWQ Central Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX 919 -807 6492
Internet www ncwaterauality org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
I�tlid'a��l�
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 2 70 acres ofjurisdictional wetlands and
1 676 linear feet of jurisdictional streams in Onslow County The project shall be constructed pursuant to the
application dated received April 20 2012 The authorized impacts are as described below
Stream Impacts in the White Oak River Basin
Site
i
Station
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
Bank
Stabilization
(linear ft)
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
linear ft
1
L 50 +67 to 52 +76
0
0
121
15
116
252
237
2
L 79 +00 to 86 +30
0
0
86
0
0
86
0
3
117 +87 to 119 +25 Lt/Rt
88
16
0
0
0
104
0
4
L 165 +53 to 168 +89
0
0
290
48
28
366
318
5
L 231 +47 to 242 +32
0
0
36
0
0
36
0
6
L 273 +75 to 274 +85
0
0
209
47
73
329
282
8
L 328 +58 to 329 +72
0
0
45
49
66
160
0
11
L 69 +55 to 70 +09 Lt/Rt
110
21
0
0
26
157
0
12
L 192 +46 Rt/Lt & 194 +10 Rt
155
31
0
0
0
186
155
Total
353
68
787
159
309
1,676
992
Total Stream Impact for Protect 1,676 linear feet
Wetland Impacts in the White Oak River Basin (riparian)
Site
Station
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Excavation
(temporary)
ac
Mechanized
Clearing
ac
Hand
Clearing
ac
Total
Wetland
Impact ac
Impacts
Requiring
Mitigation
2
L 79 +00 to 86 +30
049
0
002
0
0 15
003
069
066
3
117 +87 to 119 +25 Lt/Rt
002
0
0
0
002
0
004
004
4
L 165 +53 to 168 +89
032
0
009
0 02a
0 13
0
056
054
5
L 231 +47 to 242 +32
072
0
0
0 07
022
004
105
094
7
L 284 +98 to 286 +16 Lt
0 19
0
0
0
0
0
019
019
9
Y 21 +80 to 23 +60 Lt
010
0
0
0
0
0
010
010
10
L 11 +50 Rt
001
0
006
0
0
0
007
007
Total
185
0
017
009
052
007
270
254
Total Wetland Impact for Protect 2 70 acres
1Denotes temporary excavation for temporary diversion in proposed culvert phasing
bbenotes temporary excavation for mitigation site tie in
The application provides adequate assurance that the discharge of fill material into the waters of the White Oak
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 April
20 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
Condition(s) 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 The permittee will need to adhere to all appropriate in water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission No in water
work is permitted between February 15 and June 15 of any year without prior approval from the NC
Division of Water Quality and the NC Wildlife Resources Commission In addition the permittee shall
conform to the NCDOT policy entitled Stream Crossing Guidelines for Anadromous Fish Passage (May
12 1997) at all times
3 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
4 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
5 The reinforced concrete box culverts at Permit Sites 1 4 6 and 8 shall be backfilled to the adjacent natural
streambed and/or floodplain elevations The culverts must be backfilled and compacted with the same type
of native material that is excavated from the streambed and/or floodplain during the construction of these
structures
6 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
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 Channel relocations shall be completed and stabilized and approved on site by DWQ staff 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
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
9 Pipes and culverts used exclusively to maintain equilibrium in wetlands and/or served as floodplam pipes
where aquatic life passage is not a concern shall not be buried These pipes shall be installed at natural
ground elevation
10 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification
11 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the
bridge and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated
buffers etc ) before entering the stream Please refer to the most current version of Stormwater Best
Management Practices
12 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically Jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first
13 Compensatory mitigation for 992 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 March 27 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
14 Compensatory mitigation for impacts to 2 54 acres of riparian wetlands The permittee shall comply with
the revised on site wetland mitigation plan dated June 19 2012 All on site mitigation sites shall be
protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and
recorded in the NCDOT Natural Environment Unit mitigation geodatabase The onsite mitigation shall
comprise of 0 91 acres of riverme swamp forest restoration at 1 I ratio (0 91 credits) 0 14 acres of non
tidal freshwater marsh at 2 1 ratio (0 07 credits) and 7 87 acres of riverine swamp preservation at 10 1
ratio (0 78 credits)
15 For the forested wetland mitigation site located from Station —L Sta 222 +68 to 233 +71 50 Lt the
permittee shall plant 680 stems /acre Vegetation success shall be measured by survivability over a 5 year
monitoring period Survivability will be based on 320 stems /acre after three (3) years and 260 stems
after five (5) years A survey of vegetation during the growing season shall be conducted annually over
the five year monitoring period and submitted to the NC Division of Water Quality If the surviving
vegetation densities are below the required thresholds after the five year monitoring period the site may
still be declared successful at the discretion of and with written approval from the NC Division of Water
Quality
16 Compensatory mitigation for the remaining impacts to 0 78 acre of riparian wetlands 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 March 27 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
17 The project shall be constructed in accordance with the Stormwater Management Plan submitted in the
application dated April 20 2012
General Condition
18 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
19 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
20 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
21 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
22 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
23 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
24 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
25 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
26 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
27 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
28 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
29 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
30 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
31 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 protect manager
32 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
33 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
34 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
35 Upon completion of the protect (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
36 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
37 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
38 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
39 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
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) 431 3000 Facsimile (919) 431 3100
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 25th day of June 2012
DIVISION OF WATER QUALITY
/Charles Wakild
Director
WQC No 3928