HomeMy WebLinkAbout20000874 Ver 4_Approval Letter_20040815• •
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
August 18, 2004
Mr. Gregory J. Thorpe, Ph.D., Environmental Director
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
U
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
lv�
Re: MODIFICATION TO Water Quality Certification Pursuant to §401 of the Federal Clean Water Act,
Ellerbe Bypass and Ellerbe Connector (NC 73 Extension) Richmond and Montgomery Counties.
TIP No. R -2231;
Federal Aid No. NHF-45-1(49);State Project No. 8.T550803;
TIP No. R-3303;
Federal Aid No. STP-73(4); State Project No. 8.1581201.
DWQ Project No. 000874
Attached hereto is a copy of the Modification to Certification No. 3419 issued to The North Carolina
Department of Transportation dated August 18, 2004. All of the authorized activities and conditions
of certification associated with the original Water Quality Certification dated April 1, 2003, and all
other corresponding modifications still apply except where superseded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Sine I
Ian W. Klimek, P.E.
Attachments
cc; Wilmington District Corps of Engineers
Richard Spencer, USAGE Wilmington Field Office
Ken Averitte, NCDWQ Fayetteville Regional Office
Christopher Militscher, US Environmental Protection Agency — Region IV
T. Johnson, PE, Division Engineer, NCDOT Division 8
Central Files
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarohna
Phone: 919-733-1786 /FAX 919.733.68931 I nternet: h qp:/fh2o.enr. state. nc. us/Tiewetlands
A, r--1 A *:— r—l—, — n—l��14hof M-- Naturaffil
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 (DWQ) Regulations in 15
NCAC 211, Section .0500. The attached modification authorizes impacts to wetlands and streams as described
herein. This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated April 1, 2003 and all other
corresponding modifications still apply except where superceded by this certification.
Wetland Impacts in the Yadkin River Basin
Section
Riverine
(acres)
Non - Riverine
(acres)
Total
(acres)
Section A
8.01
4.28
12.29
Section B
5.68
2.38
8.06
Section CA
0.00
0.00
0.00
Section CB
6.02
0.00
6.02
R -3303
0.92
0.00
0.92
Total
20.63
6.66
27.29
Wetland Im acts in the Lumber River Basin
Section
Riverine
(acres)
Non - Riverine
(4cres)
Total
(acres)
Section A
0.00
0.00
0.00
Section B
0.25
0.00
0.25
Section CA
1.87
0.00
1.87
Section CB
0.00
0.00
0.00
R -3303
0.00
0.00
0.00
Total
2.12
0.00
2.12
Surface Water Impacts for the Yadkin River Basin
Section
Stream
Impacts
(linear feet)
Natural
Channel
Design
(linear feet)
Offsite
Mitigation
Requirement
(1:1 Ratio)
Section A
2335
0
2335
Section B
1854
0
1854
Section CA
0
0
0
Section CB
2693
676
2017
R -3303
315
0
315
Total
7197
-676
6521
NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 2
August 18, 2004
Surface Water Impacts for the Lumber River Basin
Section
Impacts
(linear feet)
Ponds
(acres)
On -Site
Natural
Channel
Design
linear feet)
Mitigation
Required
Section A
0
0
0
Section B
0
12.36
1066
-1066
Section CA
351
0
351
Section CB
0
0
0
R -3303
0
0
0
Total
351
12.36
1066
-715
The application provides adequate assurance that the discharge of fill material into the waters of Yadkin and Lumber
River Basins 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, as described in the
Public Notice. Should your project change, you are required to notify the DWQ and you may be required to 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 ISA NCAC 211 .0506 (h) (6) and (7). For this approval to
remain valid, you are required to comply with all the conditions Iisted 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 three years from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
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. Any reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 3
August 18, 2004
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint
of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
4. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality - related conditions of the FONSI or ROD shall
become conditions of this Certification.
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened.
6. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this certification. Shduld waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction
activities. 1
7. All channel relocations will be constructed in a dry work area, and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized prior to diverting water into the new channel. Whenever
possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for
bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. 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.
8. Compensatory mitigation of 54.58 acres shall be done for 27.29 acres of impacts to jurisdictional wetlands in
the Yadkin River Basin. In addition, 2.45 acres of compensatory mitigation shall be provided to offset 2.12
acres of jurisdictional wetlands in the Lumber River Basin. The mitigation shall be provided as described
below.
Mitigation Site
Acres of WL
Type of
River. Basin
Acres of Mitigation
Debited from
Mitigation
Credited
Site
Key Branch
Mitigation Site
54.58
Restoration
Yadkin
54.58
Myrick Pond
Mitigation Site
2.45
Restoration
Lumber
2.45
Total
57.03
NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 4
August 18, 2004
9. For the construction activities for the bridge located from Station 190 +00 to 191 +53, the NCDOT shall strictly
adhere to sediment and erosion control Best Management Practices as described for High Quality Waters
entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and
construction of the project.
10. Compensatory mitigation for impacts to streams shall be done for 7249 linear feet of stream impact in the
Yadkin Basin and 351 linear feet of impact in the Lumber Basin, at a replacement ratio of 1:1. The mitigation
shall be provided as described below.
Mitigation Site
Linear Feet of
Type of
River Basin
Acres of Mitigation
Streams
Mitigation
Credited
Debited from
Site
Sites 3 & 6 in
Onsite
Section B
676
Restoration
Yadkin
676
Key Branch
Offsite
Mitigation Site
6183
Restoration
Yadkin
6183
Haithcock
Offsite
Mitigation Site
390
Restoration
Yadkin
390
Myrick Pond
Onsite
Site
351
Restoration
Lumber
351
Total
7600
11. Construction activities related to the section of the Ellerbe Connector (NC 73 Extension, TIP R -3303) located in
Richmond County are hereby authorized by this certification.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the Transportation Permitting Unit of the
Division of Water Quality upon completion of the project.
13. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that
providing passage would be impractical. 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 stream beds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ.
14. The permittee shall require its contractors (and/or agents) to comply with all of the terms,of this certification,
and shall provide each of its contractors (and/or agents) a copy of this certification.
15. 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.
16. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 5
August 18, 2004
17. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
18. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
19. 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.
20. The outside buffer, wetland or water boundary as well as along the construction corridor within these
boundaries approved under this authorization shall be clearly marked by orange fabric fencing for the areas that
have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
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 nuli 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 this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611 -7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This the 28'h day of April 2004
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
Modification to WQC No. 3419
Certificate of Completeness
DWQ Project No.: 000874 County: Richmond/Montgomery
Applicant: NCDOT
Project Name: Ellerbe Bypass and Ellerbe Connector (NC 73 Extension)
Date of Issuance of 401 Water Quality Certification: August 18, 2004
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/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1621. This form may be
returned to DWQ 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.
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) 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
Registration No