HomeMy WebLinkAbout20130773 Ver 1_Approval Letter_20131211ffl�
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
December 11, 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
Natural Resources
John E. Skvarla, III
Secretary
Subject: CORRECTION to 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. 20130743
Dear Mr. Hancock:
Attached hereto is a corrected copy of Certification No. 3977 issued to The North Carolina Department of
Transportation (NCDOT) dated December 11, 2013.
If we can be of further assistance, do not hesitate to contact us.
incerely,
Thomas 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 1 Affirmative Action Employer
NorthCarolina
Aawa!!y
CORRECTION to 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 and additional information received December 6, 2013. This
corrected certification replaces the one issued on December 2, 2013. The authorized impacts are as described
below:
Stream Im acts 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 & Credit
Amount
(linear ft)
Stream Impacts
Requiring Offsite
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
0
0
4A
18
16
0
34
0
0
5
0
0
160
160
0
0
5A
148
0
0
148
148 (148 credit)
0
6
28
0
57
85
144 (144 credit)
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 (1 13 credit)
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 (35 credit)
117
19
132
12
0
144
0
144
21
412
0
0
412
396 (198 credit)
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 (24 credit)
150
26
129
10
15
154
0
139
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
151
29A
149
0
0
149
0
149
30
321
0
10
331
635 (635 credit)
321
31
59
32
31
122
0
91
32
52
0
10
62
0
0
33
444
0
0
444
300 (150 credit)
144
34
33
23
118
174
0
0
35
88
10
8
106
46 (12 credit)
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 (1459 credit )
4077
Total Stream Impact for Project: 8579 linear feet
Wetland Im acts 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
I pact 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
Ibtal Wetland Impact for Project: 0.148 acres.
OQen 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 -25198
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 at Sites 8, 21, and 30 shall be determined by
conducting stem counts to ensure a tree survival rate of 320 stems /acre, with visual monitoring on all other
sites as per the mitigation plan. As per section 7 of the mitigation plan, the monitoring shall be conducted
annually for a minimum of 5 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 5 years the NCDOT shall contact NCDWR to schedule a site visit to "close
out" the mitigation site.
2. Compensatory mitigation for impacts to streams in the French Broad Basin is required. Compensatory
mitigation for impacts to jurisdictional streams shall be provided by natural channel design of 2252 linear
feet of relocated stream in French Broad basin, with 1459 linear feet of which will be for mitigation credit.
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.
All stream relocations shall have a native wooded buffer planted on both sides of the stream to the maximum
extent possible, as described in the onsite mitigation plans. A transitional phase incorporating rolled erosion
control product (RECP) and appropriate temporary ground cover is allowable.
3. Off -site Compensatory mitigation for 4077 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 wooded buffer on both sides of the relocated channel
to the maximum extent practical, as described in the application plans. 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, unless waived in
writing by NC WRC. 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, unless waived by NC WRC.
19. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr),
High Quality Waters (HQW), or Water Supply 1 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 /(l5A NCAC 413.0 124[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 NCG01000. 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.
H. 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 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 I 1 th day of December 2013
DIVISION OF WATER RESOURCES
Th as A. Reede�
WQC No. 3977