HomeMy WebLinkAbout401 Issuance 3.11.2022 BR25 on SR2033 IP WQC004652 mod DocuSign Envelope ID:30A6F67D-490B-4D3F-B348-595695FBE773
`1,,STATE„4,
.47:* .P4
ROY COOPER n
Governor ` _
ELIZABETH S.BISER _J It."
Secretary * r
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 18,2022
Mr.Jeff Wyatt,Division Environmental Officer
NCDOT,Division 12
P 0 Box 47
Shelby,NC 28151-0047
Subject: CORRECTION to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL CONDITIONS for Proposed improvements to Bridge 25 on SR 2033 (B-5845)in
Cleveland County,State Project No.B-5845,NCDWR Project No.20201589
Dear Mr.Wyatt:
Attached hereto is a copy of Certification No. 004652 issued to The North Carolina Depat indent of Transportation
(NCDOT)dated August 18,2022. This Certification replaces the one issued on March 11,2022.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
PDocuSigned by:
N1 CLVArlbWl.,
Richarc Egees;Jr,Director
Attachments
Electronic copy only distribution:
Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office
Holland Youngman,US Fish and Wildlife Service
David McHenry,NC Wildlife Resources Commission
David B.Petty,dpetty@tgsengineers.com
Beth Harmon,Division of Mitigation Services
File Copy
DocuSign Envelope ID:30A6F67D-490B-4D3F-B348-595695FBE773
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 2H.0500.This certification authorizes the NCDOT to impact 0.02 acres of jurisdictional wetlands,
874 linear feet of jurisdictional streams in Cleveland County. The project shall be constructed pursuant to the
application dated received January 12,2022. The authorized impacts are as described below:
Revised Stream Im?acts in the Broad River Basin
Temporary Fill Permanent Fill Temporary Fill Stream Impacts
Total Stream
Bank in Intermittent in Perennial in Perennial Requiring
Site Stabilization Stream Stream(linear Stream(linear Impact Mitigation
(linear feet)
(linear ft) ft) ft) (linear ft)
1 (SB) 11 299 91 401 299
1 (SC) 30 11 41 30
2(SA) 62 47 109 0
2(SE) 8 8 8 0
3(SD) 315 0 315 315
0 0
TOTAL: 73 8 644 157 874 644
Total Stream Impact: 874 linear feet
Revised Stream Impacts Requiring Mitigation: 644 linear feet
Wetland Impacts in the Broad River Basin(Riverine)
Fill Mechanized Hand Total impacts
Site Fill (ac) (temporary) Excavation Clearing Clearing Wetland Requiring
(ac) Mitigation
(ac) (ac) (ac) Impact(ac)
1 (WA) 0.00 0.00 0.00 0.00 0.00 0.00 0.00
1 (WB) 0.02 0.01 0.00 0.00 0.00 0.03 0.02
Total 0.02 0.01 0.00 0.00 0.00 0.03 0.02
Total Wetland Impact: 0.03 acres.
Wetland Impacts Requiring Mitigation: 0.02 acres
The application provides adequate assurance that the discharge of fill material into the waters of the Catawba 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
12,2022. 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
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same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s)of Certification:
Project Specific Conditions
1. The v-ditch planned for the toe of the fill slope in any wetland shall not drain or hydraulically impact the
wetland in any way except for fill impacts approved and mitigated for with this permit. [15A NCAC 02H
.0506(b)(2)]
2. 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)]
3. 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)]
4. For the 157 linear feet of streams being temporarily impacted due to site activities,the site shall be graded
to its preconstruction contours and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
5. 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)]
6. Channel relocations shall be completed and stabilized,and approved on site by NCDWR staff,prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation
used for bank stabilization shall be limited to native riparian vegetation,and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. 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. [15A NCAC 02H.0506(b)(3)
7. 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. [15A NCAC 02H.0506(b)(2)]
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. To meet the requirements of NCDOT's NPDES permit
NCS000250[delete if non-DOT project],please refer to the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Toolbox manual for approved
measures. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
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. [15A NCAC 02H.0506(b)(2)]
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. [15A NCAC 02H.0506(b)(3)]
DocuSign Envelope ID:30A6F67D-490B-4D3F-B348-595695FBE773
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,or during the removal of bents from an old
bridge.This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3)]
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. [15A NCAC 02H
.0506(b)(3)
13. Compensatory mitigation for 644 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 December 2,2021 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
14. Compensatory mitigation for impacts to riverine wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of
Mitigation Services(DMS)(formerly NCEEP),and that the DMS has agreed to implement the mitigation
for the project. DMS has indicated in a letter dated December 2,2021 that they will assume responsibility
for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010.
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] Justification:Surface water quality standards require that conditions of waters
be suitable for all best uses(including aquatic life propagation,survival, and maintenance of biological
integrity)provided for in state rule and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis.
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)]
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. [15A NCAC 02H.0506(b)(2)]
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6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
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. [15A NCAC 02H.0506(b)(3)and(c)(3)]
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. [15A NCAC
02H.0506(b)(3)]
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.
[15A NCAC 02H.0506(b)(3)]
10. No rock,sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. When applicable,all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973).Regardless of applicability of the
Sediment and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices
for the control of sediment and erosion so that no violations of state water quality standards,statutes,or
rules occur. [15A NCAC 02H.0506{b)(3)and(c)(3)and 15A NCAC 02B .0200]
13. Design,installation,operation,and maintenance of all sediment and erosion control measures shall be equal
to or exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control
Manual.
14. All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)sites,including
contractor-owned or leased borrow pits associated with the project. Sufficient materials required for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site
at all times.
15. For borrow pit sites,the erosion and sediment control measures shall be designed,installed,operated,and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs), SA,WS-I,WS-
II,High Quality Waters(HQW),or Outstanding Resource Waters(ORW),then the sedimentation and
erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,Design
Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135]
17. 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. [15A NCAC 02B.0200]
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,unless
DocuSign Envelope ID:30A6F67D-490B-4D3F-B348-595695FBE773
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
19. 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. [15A NCAC 02H.0507(c)and 15A NCAC 02H
.0506(b)(2)and(c)(2)]
20. The outside buffer,wetland or water boundary located within the construction corridor approved by this
authorization,including all non-commercial borrow and waste sites associated with the project,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. [15A NCAC 02H.0501 and.0502]
21. 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.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
23. 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)]
24. 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.0506(b)(2)]
25. 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)
26. 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.
27. Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of
the top of bank,without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
DocuSign Envelope ID:30A6F67D-490B-4D3F-B348-595695FBE773
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.
This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations
(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)
within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the
OAH Clerk's Office at(919)431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This the 18th day of August 2022
DIVISION OF WATER RESOURCES
DocuSigned by:
a►14(1 Cr ,
9C9886312DCD474...
Richard E.Rogers,Jr.,Director
WQC No.004652