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Home My WebLink About20191245 Ver 3_401 Issuance 03.01.2022 BIMS 20191245v3 U-4714AB.docx_20220301 DocuSign Envelope ID: 15AC266A-034C-47D6-B1CA-129FA6223029 .- ROY COOPER [ s Governor `� �I. ELIZABETH S.BISER ^ro =n Secretary "' . S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality March 1,2022 Mecklenburg County NCDWR Project No.20191245v.3 Interchange Improvements to I-485 and East John Street-Old Monroe Road(SR 1009) TIP/State Project No.U-4714AB Subject: MODIFICATION OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Stream: Catawba River Basin,Subbasin#0305010305,Class C stream Mr.Philip S.Harris,III,P.E.,CPM Environment Analysis Unit Head North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Dear Mr.Harris: You have our approval for the change in impacts listed below for the purpose described in your application dated January 7,2022,received by the Division of Water Resources(Division)January 7,2002 and payment received January 7,2022. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions listed below. This Certification replaces the Certification issued on November 15,2019(version 1)and June 7,2021 (version 2).This certification is associated with the use of Regional General Permit Number 201902350 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)] D — , North Carolina Department of Environmental Quality Division of Water Resources ®J/� 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 NORTH CAROLINA Leperbnantue Enmmnmmml WON 919.707.9000 DocuSign Envelope ID: 15AC266A-034C-47D6-B1 CA-129FA6223029 Stream Impacts in the Catawba River Basin Bank Bank Permanent Temporary Stream Fill in Fill in Total Stream Impacts Stabilization Stabilization Site Perennial Perennial Impact Requiring Permanent Temporary (linear ft) (linear ft) Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) 1 (culvert ext)no change 45 33 14 92 14 2 (culvert ext)no change 57 51 3l 139 31 3 (30"RCP) 31 10 197 238 197 4 (Fourmile Creek) 26 (+16)=42 24(+8)=32 (+56) 130 56 TOTAL 175 126 298 0 599 298 Total Stream Impact for Project: 298 linear feet. The project shall be constructed in accordance with your applications dated received September 17,2019,April 16, 2021,and January 7,2022 respectively issued as versions 1,2,and 3 (current issuance)respectively.After reviewing your application,attending the site visit with Division 10 and contractor personnel,and receiving the email dated February 28,2022,we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Regional General Permit 201902350 issued by the Corps of Engineers. In addition,you should acquire any other federal,state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your initial application and subsequent approved 401 modifications(unless modified below). Should your project change,you must 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 total wetland fills for this project (now or in the future)exceed one acre,or of total impacts to perennial streams(now or in the future)exceed 300 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). For this approval to remain valid,you must adhere to the conditions listed in the attached certification(s)and any additional conditions listed below. Condition(s)of Certification: Project Specific Conditions 1. Compensatory mitigation for an additional 56 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service(DMS)(formerly NCEEP),and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated November 4,2021 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project,in accordance with the DMS Mitigation Banking Instrument signed July 28,2010. 2. At final construction Site 3 will have grading and any associated appurtenances necessary to ensure surface and ground water from/near Stream SSG enters 2GI-SP(Y6RPC Sta 19+50)and retains connectivity to Four Mile Creek. [15A NCAC 02H.0506(b)(2)] 3. The culvert extension at Site 4 was estimated to terminate in a location that allows the flow of Four Mile Creek to be easily directed into one barrel of the culvert extension. Should stream flow not be easily directed into one barrel,DWR approval for any stream flow changes will be required. [15A NCAC 02H.0506(b)(2)] NNna Departmt of Environmental Quality I Division of Water Resources D 512 North orth Carolina Salisbury Street en 1617 Mail Service Center Raleigh,North Carolina 27699-1617 NORTH CAROL/NA Department a/Environmentelou.ury 919.707.9000 DocuSign Envelope ID: 15AC266A-034C-47D6-B1 CA-129FA6223029 4. 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. [15A NCAC 02H.0506(b)(2)] 5. 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)] 6. 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)] 7. For the linear feet of 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)] 8. 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)] General Conditions 1. 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 downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 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. [15A NCAC 02B.0200] 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. [15A NCAC 02H.0506(b)(2)] 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. [15A NCAC 02H.0506(b)(2)] j North Carolina Department of Environmental Quality I Division of Water Resources D_E512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 NORTH CAOLA Department a/Environmentelou.ury 919.707.9000 DocuSign Envelope ID: 15AC266A-034C-47D6-B1 CA-129FA6223029 18. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 19. Native riparian vegetation(ex. Salix nigra,Juncus (spp), Carex (spp), et al.)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.0231(b)(6)] 20. 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)] 21. 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. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3)and(c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty(60)days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,except for official state holidays. The original and one(1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Telephone: (919)431-3000,Facsimile: (919)431-3100 A copy of the petition must also be served on DEQ as follows: Mr.Bill F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center DEj North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 NORTH CAROL/NA o.a.rb.ort.r Eiro.mmn.i ou.w, 919.707.9000 DocuSign Envelope ID: 15AC266A-034C-47D6-B1 CA-129FA6223029 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Donna Hood at(704)235-2193 or donna.hood@ncdenr.gov. Sincerely, DocuSignnced by: 9C9886312DCD474... S.Daniel Smith,Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers, Raleigh Field Office Joel Howard,Division 10 Environmental Officer Michael Turchy,NC Department of Transportation Lauren Wilson,US Fish and Wildlife Service David McHenry,NC Wildlife Resources Commission Beth Harmon,Division of Mitigation Services Donna Hood,NC Division of Water Resources Mooresville Regional Office File Copy D j North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 NORTH CAROL/NA Department a/Environmentel ouaury 919.707.9000