HomeMy WebLinkAbout20211043 Ver 1_Approval Letter_20210714 ROY COOPER '' - _l'-
Governor
ELIZABETH S.BISER `.- . --, „ If
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Secretory ^"'
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
July 14, 2021
DWR#20211043
Hoke and Moore County
Mr. Philip S. Harris, Ill, P.E., CPM
Environmental Analysis Unit Head
1598 Mail Service Center
Raleigh, NC 27699-1598
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT TIP#R-5709, Hoke and Moore County
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application received
by the Division of Water Resources (Division) on 6/24/2021. These impacts are covered by the Water
Quality General Certification Number 4135 and the conditions listed below. This certification is associated
with the use of Permit Number GP31 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)].
Stream Impacts in the Cape Fear and Lumber River Basin
Site Permanent Temporary Impacts Permanent Impacts Temporary Total Stream
Impacts in in Intermittent in Perennial Impacts in Impacts(linear ft)
Intermittent Stream(linear ft) Stream(linear ft) Perennial Stream
Stream (linear ft)
(linear ft)
Site 3- SA 0 0 183 20 203
Site 4-SD 0 0 20 12 32
Site 8-SC 0 0 111 53 164
Site 10-SE 0 0 70 0 70
Site 14- SF 0 0 185 0 185
Site 15-SJ 140 11 0 0 151
Site 16-SG 0 0 136 11 147
Site 18-SH 0 0 228 38 266
Site 22- SM 341 12 0 0 353
Site 22A-SK 0 0 29 3 32
Total 481 23 962 137 1,603
�,,_ 512 NorthNorth Carolina
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Total Stream Impact for Project: 1,603 linear feet.
Wetland Impacts in the Cape Fear and Lumber River Basin
Site Fill Fill Excavation Mechanized Hand Clearing Total Wetland
(ac) (temporary) (ac) Clearing(ac) (ac) Impact(ac)
(ac)
WB 0.020 0 0.008 0 <0.01 0.028
WA 0.074 0 0.006 0 0.03 0.008
WF 0.019 0 0 0 0.03 0.019
WG 0.84 0 0 0 0.03 0.84
WG2 0.002 0 0.027 0 0.03 0.029
WH 0.062 0 0.005 0 0.03 0.067
WJ 0.014 0 0 0 0.02 0.014
WI 0.192 0 0 0 0.06 0.192
WM 0.072 0 0 0 0.22 0.072
WL 0.289 0 0 0 0.06 0.289
WN 0 0 0.016 0 <0.01 0.016
WP 0.820 0.010 0 0 0.14 0.830
WQ 0.540 0 0 0 0.05 0.540
WR 0.030 0 0 0 0 0.030
WT 0.020 0 0 0 0.01 0.020
Total 2.3 0.010 0.062 0 0.82 2.310
Total Wetland Impact for Project: 2.310 acres.
Pond Impacts in the Cape Fear and Lumber River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open
Open Waters (ac) Open Waters (ac) Waters(ac)
PE 0.01 0 0.01
Total 0.01 0 0.01
Total Open Water Impact for Project: 0.01 acres.
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 Water Quality General Certification or with
the additional conditions itemized below, you must notify the Transportation Permitting Branch (TPB)
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 the TPB 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. 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.
Conditions of Certification
Project Specific Conditions
D -
ANorth Carolina Department1 of
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512 North Salisbury Street Service , 699-1617
NOR?H CARPI,NA
D.P.rbnent or Environmental(WRY 919.707.9000
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) Off-Site Wetland Mitigation
Compensatory mitigation for impacts to 2.3 acres of 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 June 22, 2021,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) Relocations not for credit
Channel relocations shall be completed and stabilized,and approved on site by NCDWR 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. [15A NCAC 02H .0506(b)(3)
4) 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. 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. [15A NCAC 2H.0506(b)(3)
5) 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
D A North Carolina Department1 of
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Deca.lmeat or Environmental Quality 919.707.9000
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)]
6) 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)]
7) 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)]
8) 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)]
9) 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)]
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. [15A NCAC 02B.0200]
11) 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)]
12) 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)]
13) 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)]
14) 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)]
15) 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)]
D A North Carolina Department1 of
1617 EnvironmentalMail Center Quality RaleighDivision of WNorthaterCarolina Resou27rces
5!2 North Salisbury Street Service , 699 1617
NORTH CAROI.INA
IkpaNneal of EnMmnmonfal Quality 919.707.9000
16) 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)]
17) 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)]
18) 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)]
19) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
20) 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]
21) 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)]
22) 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)]
23) 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]
24) 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.
25) 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)]
26) 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
D —
ANorth Carolina Department1 of
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512 North Salisbury Street Service , 699-1617
NOR?H CARPI,NA
Deca.lmeat or Environmental Qualm 919.707.9000
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)]
27) Native riparian vegetation (ex. list herbaceous,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)]
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. [15A NCAC
02H.0506(b)(3) and (c)(3)
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 [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.
30) 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)].
31) 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 026 .0200]
32) 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
D A North Carolina Department1 of
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5!2 North Salisbury Street Service , 699 1617
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IkpaNnenI of EnMiunmnfa!Qualm 919.707.9000
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. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, Trout, WS-1, WS-11, High Quality Waters (HQW), Outstanding Resource Waters (ORW), or
303(d) Impaired Waters, then the sedimentation and erosion control designs shall comply with
the requirements set forth in 15A NCAC 04B .0124,Design Standards in Sensitive Watershed. [15A
NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
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 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
D —
ANorth Carolina Department1 of
1617 EnvironmentalMail Center Quality RaleighDivision of WNorthaterCarolina Resou27rces
5!2 North Salisbury Street Service , 699 1617
NOR?H CARPI,NA
Deca.lmeat or Environmental Qualm 919.707.9000
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Ryan Conchilla at 919-710-6516 or ryan.conchilla@ncdenr.gov if have any
questions or concerns.
Sincerely,
DocuSigned by:
aly 0A,MAyWI
-9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
James Lastinger, USACE Raleigh Regulatory Field Office (via email)
Art King, Division 8 Environmental Officer
Gordan Cashin, NCDOT
Amanetta Somerville, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
D A North Carolina Department1 of
1617 EnvironmentalMail Center Quality RaleighDivision of WNorthaterCarolina Resou27rces
5!2 North Salisbury Street Service , 699 1617
NORTH CARPI,iNA
oeva.meni or Environmental Qualm 919.707.9000