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HomeMy WebLinkAbout20130743 Ver 2_Approval Letter_20131202ANG-WaYWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 2, 2013 Mr. Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1598 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to US 19E from SR 1 186 in Yancey County to multilane section west of Spruce Pine in Mitchell County, State Project No. 6.909001T, WBS Element No. 35609.1.1, TIP R- 2519B. NCDWR Project No. 2013- 0743v.2. Dear Mr. Hancock: Attached hereto is a copy of Certification No. 3977 issued to The North Carolina Department of Transportation (NCDOT) dated December 2, 2013. If we can be of further assistance, do not hesitate to contact us. Sincerely, ho s A. Reeder Attachments cc: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office (electronic copy only) Mark Davis, Division 14 Engineer Chris Militscher, Environmental Protection Agency (electronic copy only) Marla Chambers, NC Wildlife Resources Commission (electronic copy only) Jason Elliott, NCDOT, Roadside Environmental Unit Marella Buncick, US Fish and Wildlife Services (electronic copy only) Beth Harmon, Ecosystem Enhancement Program NCDWR Asheville Regional Office File Copy Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location- 512 N Salisbury St. Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX 919 - 733 -1290 Internet: www.ncwaterguality.org An Equal Opportunity \Affirmative Action Employer NorthCarolina 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 0.088 acres of jurisdictional wetlands, 8579 linear feet of jurisdictional streams in Yancey and Mitchell County. The project shall be constructed pursuant to the application dated received November 7, 2013. The authorized impacts are as described below: Stream Impacts in the French Broad River Basin Site Permanent Fill in perennial (linear ft) Rip rap stabilization (linear ft) Temp. impact (linear ft) Total Stream Impacts (linear ft) Natural Channel Design (linear ft) Stream Impacts Requiring Mitigation - DWR linear ft) 1 43 0 0 43 0 0 2 235 0 97 332 0 235 2A 65 0 44 109 0 0 3 311 12 21 344 0 315 4 97 44 15 156 01 0 4A 18 16 0 34 0 0 5 0 0 160 160 0 0 5A 148 0 0 148 148 0 6 28 0 57 85 144 0 7 358 0 15 373 0 358 7A 24 0 0 24 0 0 7 B 131 0 0 131 0 0 7C 70 0 15 85 0 0 8 432 0 0 432 449 0 8A 79 15 11 105 0 0 813 58 0 0 58 0 58 8C 69 0 11 80 0 69 9 0 37 10 10 40 0 10 96 87 15 198 0 183 11 0 50 0 50 0 50 12 79 0 25 104 0 0 13 110 0 0 110 0 110 14 220 0 0 220 0 220 15 78 0 15 93 0 78 16 32 50 0 82 0 0 17 33 20 0 53 0 0 18 152 0 8 160 70 0 19 132 12 0 144 0 144 -21 412 0 0 412 396 0 22 0 23 177 200 0 0 23 27 20 34 81 0 47 24 175 0 12 187 0 175 25 174 0 15 189 94 0 26 129 10 15 154 0 0 27 56 10 10 76 0 0 28 80 40 0 120 0 0 28A 141 0 0 141 0 0 29 89 62 30 181 0 0 1 29A 149 0 0 149 0 149 30 321 0 10 331 635 321 31 59 32 31 122 0 91 32 52 0 10 62 0 0 33 444 0 0 444 300 144 34 33 23 118 174 0 0 35 88 10 8 106 46 0 37 247 10 0 257 0 250 38 22 10 5 37 0 0 39 0 58 15 73 0 0 40 258 11 15 284 0 269 41 103 10 15 128 0 0 42 244 10 18 272 0 254 43 16 ,10 15 41 0 0 44 147 0 0 147 0 0 45 0 0 288 288 0 0 TOTAL 6564 692 1352 8579 2252 3520 Total Stream Impact for Project: 8579 linear feet Wetland Imnacts in the French Broad River Basin Site Fill (ac) Fill (temporary) ac Excavation (ac) Mechanized Clearing ac Hand Clearing ac Area under Bridge ac Total Wetland Impact ac 8 0 0 0.014 0.037 0 0 0.051 13 0.06 0 0 0 0 0.06 20 0 0 0.037 0 0 0 0.037 Total 0.06 0 0.051 0.037 0 0 0.148 Total Wetland Impact for Project: 0.148 acres. nnen Water (Pond) Impacts in the French Broad River Basin Site Permanent Fill in Open Temporary Fill in Open Total Fill in Open Waters (ac) Waters (ac) Waters (ac) R -2519B 0 0.01 0.01 0 0.01 0.01 Total Total Open Water Impact for Project: 0.01acres. The application provides adequate assurance that the discharge of fill material into the waters of the French Broad 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 November 12, 2013. 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: 1. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the mitigation stream segments. Riparian area success shall be determined by conducting stem counts to ensure a tree survival rate of 320 stems /acre. The monitoring shall be conducted annually for a minimum of 3 years after final planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to NCDWR in a final report within sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact NCDWR to schedule a site visit to "close out" the mitigation site. 2. Compensatory mitigation for impacts to streams at a replacement ratio of 1:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by natural channel design of 2252 linear feet of Stream in French Broad basin. The onsite stream restoration shall be constructed in accordance with the design submitted in your November 7, 2013 application. 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. Please be reminded that as- builts for the completed streams shall be submitted to the North Carolina Division of Water Resources 401 Wetlands Unit with the as- builts for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation for the impacts. All channel relocations will be constructed in a dry work area, will be completed and stabilized, and must be approved on site by NCDWR staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have a 50 -foot wide native wooded buffer planted on both sides of the stream unless otherwise authorized by this Certification. A transitional phase incorporating rolled erosion control product (RECP) and appropriate temporary ground cover is allowable. 3. Off -site Compensatory mitigation for 3520 linear feet of impact to streams is required by DWR. 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 November 5, 2013 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. 4. Two copies of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre- construction meeting. The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application dated November 7, 2013. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Resources. 5. 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, and must be approved on site by NCDWR staff, 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 'pract i cal. All stream banks shall be matted with coir fiber matting. 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: 6. The post- construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 7. 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. 8. 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. 9. 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 the NCDWR first. 10. 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. 11. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. 12. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 13. 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 the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. In addition, the permittee shall conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times. In- stream work and land disturbance within the 25 -foot buffer zone are prohibited during the trout - spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 19. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW), or Water Supply I or 11 (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre- treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 20. The permittee shall use /Design Standards in Sensitive Watersheds /(I 5A NCAC 4B.0124[a] -[e]) in areas draining to ORW or Trout waters. However, due to the size of the project, the NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. 21. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds. 22. 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 prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. General Conditions I. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 7. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the presence of sulfide- bearing rock must be approved by the NCDWR. 8. 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. 9. 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. 10. 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. 11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 13. 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. 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 15. 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. 16. 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. 17. 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. 18. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 19. 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 NCDWR when all work included in the 401 Certification has been completed. 20. 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. 21. 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. 22. 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. 23 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 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:OOam and 5:OOpm, 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. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 2nd day of December 2013 DIVISION OF WATER RESOURCES Thomas A. Reeder WQC No. 3977 A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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 1, , 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 Certification Date: 1, , 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: Engineer's Certification Partial Final 1, , 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 27699 -1650 Location: 512 N Salisbury St Raleigh, North Carolina 27604 Phone. 919 - 807 -63001 FAX. 919 - 733 -1290 Internet: www.ncwaterguallty org An Equal Opportunity 1 Affirmative Action Employer Registration No. NorthCarolina ;Vaturallb