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HomeMy WebLinkAbout20201515 Ver 2_Approval Letter_20210319 DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B 4f ' y,, /ROY COOPER ? lair ; Governor i` II r. y DIONNE DELLI-GATTI e z O Secretary N-7,.:"QUAtiWtli S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality March 19,2021 Mr.Philip S.Harris,III,P.E.,CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed conversion of an at grade intersection of NC 87 (Old Stage Highway)and NC 11 (General Howe Highway)to an interchange in Columbus County,TIP R- 2561CA. NCDWR Project No.20201515 V2 Dear Mr.Harris: Attached hereto is a modification of Certification No.WQC004278 issued to The North Carolina Department of Transportation(NCDOT)dated December 22,2020 and modified on March 19,2021. If we can be of further assistance,do not hesitate to contact us. Sincerely, ,.-DocuSigned by: 0o►M,t 4i.GOVVAAV "-9C9886312DCD474... J. vane'3mitn,vireetor Division of Water Resources Attachment Electronic copy only distribution: Liz Hair,US Army Corps of Engineers,Wilmington Field Office Greg Price,Division 6 Environmental Officer Chris Rivenbark,NC Department of Transportation Gary Jordan,US Fish and Wildlife Service Travis Wilson,NC Wildlife Resources Commission Beth Harmon,Division of Mitigation Services File Copy D ,00) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27649 1617 NORTH CAROUNA oawrdneM of r mimnmmM,l quei` /." 919.707.9000 DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B 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 Resources(NCDWR)Regulations in 15 NCAC 2H.0500.This certification authorizes the NCDOT to impact 4.086 acres of jurisdictional wetlands and 681 linear feet of jurisdictional streams and in Columbus County. The project shall be constructed pursuant to the application dated received September 28,2020 and revised application received February 26,2021. The authorized impacts are as described below: Stream Impacts in the Cape Fear River Basin Site Permanent Temporary Permanent Temporary *Bank Total Stream Fill in Fill in Fill in Fill in Stabilization Stream Impacts Intermittent Intermittent Perennial Perennial Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) 1-15+40 to 15+64 L2-LT 34 34 N/A Roadway fill/54"pipe 1-15+59—15+70-L2-LT 18 N/A N/A Rip Rap Bank Stabilization 1-15+66-15+72-L2-LT 10 10 N/A Dewatering for pipe install 6-27+01-28+70-Y-RT 276 276 N/A Roadway Fill 6-22+65-22+75-RPD-LT 20 N/A N/A Rip Rap Bank Stabilization 6-22+65-22+84-RPD-LT 16 16 N/A Dewatering pipe install 9-70+38-71+62-L-LT 35 N/A N/A Bank Stabilization 9-70+30—71+36-L-LT 66 66 N/A Permanent Channel Stabilization 9-69+63-69+73-L-LT 10 10 N/A Bridge Bent in Stream 9-70+25-70+40-L-LT 10 10 N/A Stream Access for Stabilization 9-70+65-71+54-L-RT 64 64 N/A Permanent Channel Stabilization 9-70+67—70+67 L-RT 21 21 N/A Stream Access for Stabilization DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B 11-16+57—17+48—Y 83 83 N/A Culvert removal/bridge const./Bank Stabilization 11-16+56— 16+63 -Y-LT 10 10 N/A Stream Access for Stabilization 11-16+64— 17+39-Y-LT 38 38 N/A Dewatering Culvert removal 11-17+48— 17+59-Y-LT 5 5 N/A Stream Access for Stabilization 11-64+84—17+11-Y-RT 18 18 N/A Dewatering for Culvert removal 11-16+64— 16+78-Y-RT 10 10 N/A Stream Access for Stabilization 11-17+13—17+21-Y-RT 10 10 N/A Stream Access for Stabilization 276 16 183 206 *73 681 N/A Total Total Stream Impact for Project:681 linear feet *Bank Stabilization does not count towards impacts Wetland Impacts in the Cape Fear River Basin Site Fill Fill Excavation Mechanized *Hand Total Total (ac) (temporary) (ac) Clearing Clearing Take Wetland (ac) (ac) (ac) (ac) Impact (ac) 1-14+89— 15+87—Ll-RT 0.012 0.028 0.029 0.069 Roadway/Ditch construction 1-14+87— 16+29-L1-RT 0.021 N/A Hand clearing/ROW/PUE 2-9+45— 11+05 -Y2-LT 0.011 0.023 0.034 Ditch Construction 2-9+46—9+53-Y2-RT 0.003 0.016 0.019 2@ 18"pipe/riprap at outlet 3-35+59—38+98 L-LT 0.285 0.285 Roadway Fill 3-36+46—38+98-L-LT 0.034 0.047 0.081 DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B Rip Rap Toe Protection 4-46+49-47+74-L-LT 0.077 0.035 0.024 0.112 Roadway/Ditch construction 4-18+01 -19+18-RPB-LT 0.102 0.050 0.056 0.208 Roadway/Ditch Construction 4-18+01 - 19+18 RPB-LT 0.385 0.385 Total Take) 4-18+11-20+19-RPB-RT 0.090 0.047 0.045 0.137 Roadway/Ditch/EC Basin Const. 4-19+62-RPB-16+03-LPB-LT 0.024 0.017 0.024 Ditch w/Rip Rap Construction 4-13+09-14+54-LPB-LT 0.092 0.059 0.066 0.151 Roadway/Ditch/EC Basin Const. 4-13+16- 14+38-LPB-RT 0.074 0.033 0.014 0.107 Roadway/Ditch Construction 4-14+99- 16+02-LPB-LT 0.081 0.017 0.020 0.098 Roadway/Ditch Construction 4-14+98- 16+30-LPB-RT 0.090 0.090 Roadway Fill 4-15+63- 16+17-LPB-RT 0.045 0.098 0.045 Ditch w/Rip Rap Construction 5-37+71 -37+82-Y-RT 0.008 N/A Hand Clearing in TDE 5-39+12-40+79-Y-RT 0.080 0.142 0.222 Roadway Fill 5-40+90-41+10-Y-RT 0.007 0.030 0.020 0.057 15"Pipe/Rip Rap at Outlet 6-28+43-28+74-Y-LT 0.012 0.004 0.006 0.022 Roadway Fill/Channel Change 7- 17+53- 17+76-RPD-RT 0.001 0.005 0.006 Ditch Construction 8- 11+55- 12+24-RPD-RT 0.034 0.008 0.042 Ditch w/Rip Rap Construction 8- 11+55- 12+19-RPD-RT 0.029 0.065 0.094 Rip Rap down existing slope 9-67+98-70+95-L-LT 0.231 0.135 0.366 Roadway Fill 9-70+20-71+05-L-RT 0.003 0.010 0.013 DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B Roadway Fill 9-70+91-77+15-L-RT 0.205 0.163 0.368 Roadway Fill 9-74+54-77+15-L-RT 0.048 0.085 0.133 Rip Rap Toe Protection 9-71+08-76+00-L-RT 0.025 N/A Hand Clearing in ROW 10-80+78-81+26-L-LT 0.007 0.002 0.009 Roadway/Ditch Construction 10-80+68-80+88-L-LT 0.005 N/A Hand Clearing DUE 11 - 12+85- 13+07-Y-LT 0.002 0.002 Roadway Fill 11- 12+63- 13+40-Y-LT 0.005 0.023 0.028 Rip Rap Toe protection 11- 13+40- 16+21 -Y-LT 0.114 0.114 Clearing for Silt Fence 11- 16+21-16+79-Y-LT 0.011 0.013 0.024 Roadway Fill 11- 17+03- 17+58-Y-LT 0.010 0.003 0.013 Roadway Fill 11- 17+58-19+09-Y-LT 0.029 0.029 Clearing for Silt Fence 11- 19+37- 19+53-Y-LT 0.002 0.002 Rip Rap at Pipe Outlet 11- 17+13- 18+91 -Y-RT 0.059 0.059 Roadway Fill 11- 17+18-19+06-Y-RT 0.019 0.408 0.427 Rip Rap Toe Protection 12-47+43-48+29-Y-LT 0.065 0.020 0.014 0.099 Roadway Fill/Detour 1.836 0.382 1.483 *0.231 0.385 4.086 Total Total Wetland Impact for Project: 4.086 acres. *Hand Clearing does not count towards Impacts The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B 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 September 28,2020 and modification requested February 26,2021. Should your project change,you are required to 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 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. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)] 2.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)] 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. [15A NCAC 02H.0506(b)(2)] 4.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)] 5.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)] 6.Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches, basins,etc. Matting should be secured in place with staples, stakes,or wherever possible,live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. General Conditions 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 NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact 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 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] 9. 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)] 10. 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)] 11. 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)] 12. 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)] 13. 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)] 14. 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)] 15. 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)] 16. 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)] 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B 18. 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] 19. 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)] 20. 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)] 21. 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] 22. 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. 23. 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)] 24. 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)] 25. 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 02H 0506(b)(2)] 26. 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) 27. 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. DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 28. 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)] 29. Compensatory mitigation for impacts to 4.086 acres of wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the Division of Mitigation Services,and that the bank has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated February 26,2021 that they will assume responsibility for satisfying the Federal Clean Water Act compensatory mitigation requirements for the above-referenced project. Violations of any condition herein 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 DEQ as follows: Mr.Bill F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This the 19th day of March 2021 DIVISION OF WATER RESOURCES e—DocuSigned by: '-9C9886312DCD474... S.Daniel Smith,Director WQC No. WQC004278 DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B + moo r, 'lb ' ROY COOPER -;,1' jai. J y Governor ` �'■ -r. DIONNE DELLI-GATTI '''' "4.,z�, - Secretary ''f�' ^`^`- 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 ^- North Carolina Department of Environmental Quality I Division of Water Resources wJ/y� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CARDIJNA 919.707.9000 NORTH REmimAmm,dl QlmLl15'