HomeMy WebLinkAbout20141200 Ver 1_Approval Letter_20141231P 4 1
C'D i N Ro'
North Carolina Department of Environment and Natural Resources
Pat McCrory John E, Skvarla, III
Governor Secretary
December 31, 2014
Wilkes County
NCDWR Project No. 20141200
NC 268 Improvements
TIP/State Project No. R-2603
STP-0268(5); WBS 34518. 1.1
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Richard Hancock, P.E,, Manager
NCDOT, Project Development and Environmental Analysis Unit
1598 MSC
Raleigh, NC 27699-1548
Dear Mr. Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the put-pose of
improvements to NC 268 (Elkin Highway) from NC 18 to SR 1966 (Airport Road) in Wilkes County.
The project shall be constructed in accordance with your application dated November 13, 2014, After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 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 application (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 streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 211 .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 including the impacts
summarized in Tables I and 2 below.
1617 MM Service Center, Raleigh, Noah Carolina 27699-1617
Phone: 919-807-6300 \ Internet: www,ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer
Table 1. Stream Impacts in the Yadkin River Basin.
Site
Impact
hype
Permanent
Fill in
Intermittent
Stream
linear ft
Temporary
Fill in
Intermittent
Stream
linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(linear ft)
Total
Stream
Impact
(linear
ft
Stream
Impacts
Requiring
Mitigation
(linear ft)
1
RCP
-
-
-
37
37
-
RCBC
-
-
106
54
160
-
2
Stabilization
-
-
20
-
20
-
-
RCP
-
-
80
30
110
-
3
Stabilization
10
-
-
-
10
-
4
RCP
123
20
-
-
143
-
RCP
120
35
-
-
155
120
7
Rip Rap
38
-
-
-
38
38
Stabilization
10
-
-
-
10
10
RCP
70
20
-
-
90
-
8
Stabilization
12
-
-
-
12
-
9A
RCP
-
-
30
30
-
9B
RCP
-
-
20
20
-
9C
RCP
-
-
-
12
12
-
9D
RCP
-
-
38
38
10
RCP
-
123
68
191
11
Pie
47
59
-
-
106
-
Pie
18
27
-
-
45
12
Stabilization
18
-
-
-
18
Stabilization
-
-
35
-
35
-
13
Causeway
-
-
-
29
29
Totals
-
466
161
364
1 318
1,309
168
Total Stream Impact for Project: 1,309 linear feet.
Table 2. Wetland (riparian) Impacts in the Yadkin River Basin.
Total Wetland Impact for Project: 0.29 acres.
Fill
Fill
Excavation
Mechanized
Hand Clearing
Total Wetland
Site
(ac)
(tem aocrary)
(ac)
Clearing (ac)
(ac)
Impact (ac)
5
0.13
-
-
-
-
0.13
6
0.17
-
-
-
-
0.17
UC 1
_
<0.01
<0.1
0.10
(10 sq 11)
(4.300 sq ft)
Total
0.29
<0.01
-
0.1
0.29
Total Wetland Impact for Project: 0.29 acres.
Conditions) of Certification:
Project Specific Conditions
Compensatory mitigation for 168 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
Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the
project. EEP has indicated in a letter dated October 28, 2014 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.
2. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to
biological criteria exceedances (Long Creek) shall not discharge stormwater directly to surface
waters. Stormwater shall be treated using appropriate best management practices (e.g., vegetated
conveyances, constructed wetlands, detention ponds, etc.) prior to discharging to surface waters to the
maximum extent practicable.
3. This project has the potential to impact aquatic species of concern. No construction activities shall begin
until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable then the requirements of any moratorium(s) shall be a condition of this 401
Certification. If the NCDOT does not wish to honor the moratorium, then a written modification shall be
submitted.
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 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.
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.
3. 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.
4. 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.
5. 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 please
refer to the most recent version of the North Carolina Department of Transportation Stormwater Best
Management Practices Toolbox manual for approved measures.
6. 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.
7. 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.
8. 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.
9. For the stream segments where site dewatering occurs, the site shall be graded to its preconstruction contours
and revegetated with appropriate native species.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
16. 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 the 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.
17. 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.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
21. 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.
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
23. 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.
24. 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.
25. 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.
26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) 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.
28. 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.
29. 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.
30. 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.
31. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
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, John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 Dave Wanucha at (336) 776-9703 or dave.wanucha gcncdenr.gov.
Sincerply
Thomas A Reeder, �Director
Division of Water ReSOLUTCS
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Heath Slaughter, Division I I Environmental Officer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
A AFWVW
145 f�')r a
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance uf401 Water Quality Certification:
John E.0kvaria'U|
Secretary
Certificate myCompletion
Upon completion oC all work approved within the 40U Water Quality Certification orapplicable Buffer Rules, and
any subsequent modiO cations, the applicant /n required 0u return this certificate to the 48l Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 276y9'l65O. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. it1anot
necessary to send certificates from all of these.
Applicant's Certification
1, hereby state that, Nthe best of my abilities, due care and diligence
was used in tile observation of the construction such that the construction was observed to be built within substantial
compliance and intent uf the 40\ Water Quality Certification and Buffer Rules, tile approved plans and
specifications, and other Supporting materials,
Agent's Certification
[ hereby state that, to tile best ofmyabilities, due care and diligence
was used in the observation of the Construction such that the construction was observed nxhe built within substantial
compliance and intent o[ tile 40\ Water Quality Certification and Buffet, Rules, the approved plans and
opodfiu,uiovx,and other supporting materials.
Engineer's Certification
Partial Final
T, omxduly registered Professional Engineer inthe State of North
Carolina, having been authorized N observe (pedodkn0y, weekly, full time) the construction ofthe project for tile
PcnniVec hereby state that, to the best of my abilities, due care and diligence was used in the observation of tbc
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 Registration No.
Date
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300 \ Internet: www.ncdenr.gov
An Equal Oppor1unIty � Affirmative Action Emptoyer