HomeMy WebLinkAbout20140090 Ver 2_Approval Letter_20140725. Ate*
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 25, 2014
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
John E. Skvarla, III
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with ADDITIONAL
CONDITIONS for proposed Winston -Salem Northern Beltway Eastern Section from US 158 to 1 -40
Bus/US421, Forsyth County, TIP U- 257913; NCDWR Project No. 2014- 0090v2.
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3987 issued to The North Carolina Department of
Transportation (NCDOT) originally dated April 11, 2014. This modification includes the revisions as requested in
your application dated June 10, 2014 along with other modifications and editorial revisions.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thoma A. Reeder, irector
Division of Water Resources
Attachments
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Amy Euliss, Division 9 Environmental Officer (if applicable)
Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, Natural Environment Section (electronic copy only)
Jim Stanfill, Ecosystem Enhancement Program
Dave Wanucha, NCDWR Winston -Salem Regional Office
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 -807 -6300 \ 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 Resources (NCDWR) Regulations
in 15 NCAC 21-1.0500. This certification authorizes the NCDOT to impact 1.96 acres of jurisdictional wetlands,
permanently impact 10,140 linear feet of streams, temporarily impact 1,809 linear feet of streams and permanently
impact 4.36 acres of open water /pond impacts. The project shall be constructed pursuant to the original application
dated January 21, 2014 and the application for revisions dated June 10, 2014. The authorized impacts for the entire
project are as summarized and described below:
Wetland Impacts in the Yadkin River Basin
Permit
Site No.
JD Package
ID
Permanent
Fill ac
Excavation
ac
Mechanized
Clearing ac
Total Impacts (ac)
Impacts Requiring
Mitigation ac
1
ES -W16
0.03
<0.01
0.02
0.06
0.06
6
ES-W18
0.03
-
<0.01
0.04
0.04
7
ES-W13
0.52
-
0.01
0.53
0.53
9
ES-W14
0.03
-
0.01
0.04
0.04
10
ES-W19
0.01
-
-
0.01
0.01
13
ESE-W1
0.33
-
-
0.33
0.33
14
ESE -W2
0.04
-
-
0.04
0.04
15
ESE -W3
0.18
-
-
0.18
0.18
17
ESE-W16
0.09
-
<0.01
0.10
0.10
19
ESE -W4
0.47
-
0.01
0.48
0.48
21
ES-W17
0.02
-
-
0.02
0.02
22
ESE -W22
0.01
-
-
0.01
0.01
24A
ESE -W20
0.03
-
-
0.03
0.03
24A
ESE -W21
0.03
-
-
0.03
0.03
27B
ESE-W17
0.05
-
-
0.05
0.05
29
No ID
-
-
<0.01
<0.01
<0.01
TOTALS (ac)
1 1.87
1 <0.01
1 0.08
1 1.96
1 1.96
Notes: Totals are rounded based upon sum of actual impacts. All permanent impacts require 2:1 USACE mitigation.
Onen Water/Pond Impacts in the Yadkin River Basin
Permit Site No.
Permanent Fill in Open Waters ac
Total Fill in Open Waters ac
7
0.59
0.59
15
2.38
2.38
16
0.16
0.16
20 (On -site mitigation)
0.85
0.85
26
0.38
0.38
Total
4.36
4.36
Total Open Water Impacts for Project: 4.36 acres.
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Ctraafn imnarte in the Vndkin River Ra-in
3 1 P a g e
Impacts
Impacts
Permit
Stream
UP
Impact
Permanent
requiring
USACE
requiring
Temp
Name /JD
Flow
USACE
Mitigation
NCDWR
Impacts
Site No.
Packet ID
Status
Type
Impacts (ft)
mitigation
Ratio'
mitigation
(ft)
ft
ft
UT to
I
Lowe ekMill
I
Fill
142
142
-1:1
W
0
ES -S45
UT to
I
Fill
109
109
1:1
W
0
2
Lowery Mill
P
Fill
208
208
2:1
208
0
Creek/
P
BS
10
O2
-
'10
37
ES -S36
UT to
3
Lowery Mill
P
Fill
438
438
2:1
438
33
Creek/
ES -S35
UT to
3A
Lowery Mill
P
Temp
0
0
_
0
545
Creek/
Detour
ES -S35
UT to
3B
Lowery Mill
P
Temp
0
0
-
0
194
Creek/
Detour
ES -S47
UT to
P
Fill
493
493
2:1
493
18
Lowery Mill
4
Creek/
P
BS
9
OZ
-
9
31
ES -S37
UT to
5
Lowery Mill
P
Fill
740
740
2:1
740
22
Creek/
ES -S38
UT to
5A
Lowe elMill
I
Fill
306
306
1:1
W
0
ES -S39
UT to
6
Martin Mill
P
Fill
312
312
2:1
312
42
Creek/
ES -S40
UT to
Fill
442
442
2:1
442
53
8
Martin Mill
P
BS
58
O2
-
58
44
reek/
ES-S42
UT to
10
Martin Mill
P
Fill
783
783
2:1
783
22
Creek/
ES -S43
3 1 P a g e
4 1 P a g e
Impacts
Impacts
Permit
Stream
UP
Impact
Permanent
requiring
USACE
requiring
Temp
Name /JD
Flow
USACE
Mitigation
NCDWR
Impacts
Site No.
Packet ID
Status
Type
Impacts (ft)
mitigation
Ratio'
mitigation
(ft)
(ft)ft
UT to
10A
Martin Mill
P
Fill
684
684
2:1
684
0
Creek/
ES -S44
Kerners Mill
11
Creek/
P
Fill
808
808
2:1
808
57
ESE-S1
Kerners Mill
11A
Creek/
P
Fill
223
223
2:1
223
41
ESE -S 1
UT to
12
Kerners Mill
I
Fill
88
88
1:1
W
205
Creek/
ESE -S30
UT to Smith
14
Creek/
I
Fill
688
688
1:1
03
0
ESE -S3
UT to Smith
15
Creek/
P
Fill
332
332
2:1
332
0
ESE -S31
UT to Smith
15A
Creek/
I
Fill
108
108
1:1
W
0
ESE -S32
UT to Smith
16
Creek/
I
Fill
104
104
1:1
03
0
ESE -S36
UT to
17
Fishers
P
Fill
928
928
2:1
928
0
Branch/
ESE -S5
Fishers
Fill
377
377
2:1
377
67
18
Branch/
P
ESE -S4
BS
80
Oz
-
80
59
UT to
20
Fishers
P
Fill
163
163
2:1
163
0
Branch/
ESE -S7
Smith
Fill
100
100
2:1
100
32
23
Creek/
P
BS
54
Oz
-
54
89
ESE -S29
4 1 P a g e
Notes: P = Perennial; I = Intermittent; BS = Bank Stabilization. Underlined values reflect June 10, 2014 impact modifications.
'Determined by USACE during final JD packet review. 2Mitigation for bank stabilization not required by USACE. 3Intermittent
streams grandfathered from NCDWR mitigation. 4Mitigation not required by NCDWR (less than 150 linear feet of steam).
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin 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 January
24, 2014 and the subsequent modification request dated June 10, 2014. 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
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Impacts
Impacts
Permit
Stream
I/P
Impact
Permanent
requiring
USACE
requiring
Temp
Name /JD
Flow
USACE
Mitigation
NCDWR
Impacts
Site No.
Packet ID
Status
Type
Impacts (ft)
mitigation
Ratio'
mitigation
(ft)
ft
ft
UT to Smith
23A
Creek/
I
Fill
57
57
1:1
03
0
ESE -S43
UT to Smith
23B
Creek/
P
Fill
135
135
2:1
04
0
ESE -S38
UT to Smith
24
Creek/
P
Fill
202
202
2:1
202
0
ESE -S40
UT to Smith
Fill
73
73
1:1
03
0
25
Creek/
I
BS
21
O2
-
03
16
ESE -S41
UT to Smith
27A
Creek/
P
Fill
205
205
2:1
205
0
ESE -S24
UT to Smith
27B
Creek/
P
Fill
130
130
2:1
04
14
ESE -S33
UT to Smith
27C
Creek/
P
Fill
116
116
2:1
04
0
ESE -S34
Smith
28
Creek/
P
BS
365
O2
-
365
188
ESE -S29
Smith
30
Creek/
P
BS
28
O2
-
04
0
ESE -S29
Martin Mill
31
Creek/
P
BS
21
O2
-
04
0
ES -S41
TOTALS (ft)
10,140
9,494
-
7,830
1,809
Notes: P = Perennial; I = Intermittent; BS = Bank Stabilization. Underlined values reflect June 10, 2014 impact modifications.
'Determined by USACE during final JD packet review. 2Mitigation for bank stabilization not required by USACE. 3Intermittent
streams grandfathered from NCDWR mitigation. 4Mitigation not required by NCDWR (less than 150 linear feet of steam).
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin 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 January
24, 2014 and the subsequent modification request dated June 10, 2014. 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
5 1 P a g e
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.
Project Specific Condition(s) of Certification:
At locations where ponds will be drained, proper measures need to be employed to drain the ponds so that
impact to aquatic species is limited. If pond draining techniques create significant disturbance to native
aquatic species, additional measures such as collection and relocation may be necessary to prevent a
significant fish kill. Natural channel construction techniques should be employed, if possible and where
applicable, to ensure that the jurisdictional stream channel above and below the drained pond remains
stable, and that no secondary impacts occur within the channel as a result of draining the ponds.
Stream and Wetland Mitigation -- Payment to North Carolina Ecosystem Enhancement Program (EEP)
2. Compensatory mitigation for impacts to 7,830 linear feet of streams at a replacement ratio of 1:1 is
required. However, on -site compensatory mitigation for 450 linear feet of impacts to jurisdictional streams
shall be provided as outlined below, resulting in 7,380 linear feet remaining that need mitigation.
In addition, compensatory mitigation for impacts to 1.96 acres of riparian wetlands is required . We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands and streams
through EEP and that EEP has agreed to implement the mitigation for the project. EEP has indicated in a
letter dated January 17, 2014 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above - reference project, in accordance with the EEP
Mitigation Banking Instrument signed July 28, 2010.
On -Site Stream Mitigation
3. Compensatory mitigation for 450 linear feet of impacts to jurisdictional streams shall be provided by
draining a pond (Site 20) and restoring the stream that forms in the relic pond. The on -site stream
restoration shall be constructed in accordance with your Mitigation Plan dated August 22, 2013 that was
submitted as part of the 401 Individual Water Quality Certification application dated January 21, 2014.
4. The Permittee will notify DWR when draining of the pond will commence.
5. 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.
6. Please be reminded that an as -built for the stream restoration shall be submitted to the North Carolina
Division of Water Resources 401 Wetlands Unit within 60 days following completion of the restoration
project. If the parameters of this condition are not met, then the Permittee shall supply additional stream
mitigation for the 450 linear feet of impacts.
7. The stream restoration should at least have a 50 -foot wide native wooded buffer planted on both sides of
the stream to the greatest extent possible and as practicable given site - specific constraints.
8. Coir fiber matting (or other organic matting material) should be used if necessary for site stabilization.
9. Natural channel construction techniques should be employed if possible within the channel that forms in
the relic pond to ensure that the jurisdictional stream channel upstrdam and downstream of the drained
pond remains stable and that no secondary impacts occur within the channels as a result of draining the
pond.
10. If stream that forms in the relic pond does not stabilize by year 2, the Permittee should submit a plan to
' DWR describing how the Permittee intends to correct the problem and restabilize the stream channel.
11. The Permittee shall note the presence of invasive vegetation in the monitoring reports and treat as needed.
12. The Permittee shall adhere to performance standards and monitoring requirements as outlined in the
Mitigation Plan dated August 22, 2013 as was submitted in the original application dated January 21, 2014
and include the following:
a) Visually monitor all stream bank and buffer vegetative plantings to assess stream bank stability and
buffer success.
b) Buffer plantings shall be monitored quantitatively with representative plots that cover a minimum of
four plots or 2% of the buffer.
c) Woody stems should be counted and recorded and provided as part of the annual monitoring report.
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General Conditions of Certificate
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.
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 r'ip -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. 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.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
12. 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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
14. 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.
7 1 P a g e
15. 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.
16. 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.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
ti 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or designate shall complete and return the enclosed "Certification of Completion Form"
to notify NCDWR when all work included in the 401 Certification has been completed.
19. 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.
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.
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:
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.
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.
8 1Page LL
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 25th day of July 2014
DIVISION OF WATER RESOURCES
Thomas Reeder, Direct r
Division of Water Resources
WQC No. 3987
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