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HomeMy WebLinkAboutApprovalLetterCORRECTEDROY COOPER Gon"001 MICHAEL S. REGAN srcretary LINDA CULPEPPER 1"ferim Qirw1or CSX Transportation, Inc. Attn: Mr. Matthew L. Adkins 351 Thornton Street, Ste 125 Lithia Springs, GA 30122 NCDOT Division 4 Attn: Mr. Tony Coggins 509 Ward Boulevard PO Box 3165 Wilson, NC 27895 FORTH CAROLINA EnWmnmen tat Quality June 17, 2019 DWR # 17-0938v2 Edgecombe/Nash County Subject: Approval of Individual 402 Water Quality Certification and Tar -Pamlico Riparian Buffer Impacts with Additional Conditions - CORRECTED Carolina Connector Intermodal Rail Terminal and Line of Road Improvements and Swift Creek Permittee Responsible Mitigation Site USACE Action ID. No. SAW-2016-02338 Dear Mr. Adkins and Mr. Coggins: Attached hereto is a copy of Certification No. WQC004193 issued to Mr. Matt Adkins and CSX Transportation, Inc. and Mr. Tony Coggins and the North Carolina Department of Transportation dated June 17, 2019. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). s�di.isul Gird wQ <-A / . North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 2 of 10 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Paul Wojoski at 919-707-3631 or Paul.Woioski@ncdenr.gov or me at 919-807- 6360 or karen.hieeins@ncdenr.gov if you have any questions or concerns. Sincerely, /Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Richard Harmon, Wood Environment and Infrastructure Solutions, Inc. (via Richard.Harmon@woodpic.com) Tommy Cousins, Palustrine Group (via tcousins@palustrinegroup.com) USACE Raleigh Regulatory Field Office Todd Bowers, EPA, (via bowers.todd@epa.gov) DWR 401 & Buffer Permitting Branch file Filename: 170938v2CCXlntermodalTerminalandLineofRoad Improvements(Edgecombe_Nash)_TAR_401_IC Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 3 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC004193 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Mr. Matt Adkins and CSX Transportation, Inc. and Mr. Tony Coggins and the North Carolina Department of Transportation who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on January 29, 2019 and subsequent information on May 9, 2019, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on February 1, 2019, The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rule are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and (c)] and 15A NCAC 02B .0259(8)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Carolina Connector Intermodal Rail Terminal Streams Stream SC 158(linear feet) 0 (linear feet) Stream SD 514 (linear feet) 0 (linear feet) Stream SE 1,402 (linear feet) 0 (linear feet) Stream SEE 721(linear feet) 0 (linear feet) Stream SG 321(linear feet) 0 (linear feet) Stream ES 144 (linear feet) 0 (linear feet) Stream SI (Beech Branch) 128 (linear feet) 0 (linear feet) Stream 57 325 (linear feet) 0 (linear feet) Stream 58 34 (linear feet) 0 (linear feet) Stream S10 77 (linear feet) 0 (linear feet) Stream S12 48 (linear feet) 0 (linear feet) Stream 513 168 (linear feet) 0 (linear feet) Total 4,042 (linear feet) 0 (linear feet) 404/401 Wetlands', Z Wetland B 0.13 (acres) 0 (acres) Carolina Connector intermocial Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 4 of 10 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland E 3.01 (acres) 0 (acres) Wetland H 1.95 (acres) 0 (acres) Wetland 1 0.50 (acres) 0 (acres) Wetland J 0.06 (acres) 0 (acres) Wetland N 0.01 (acres) 0 (acres) Wetland O 0.30 (acres) 0 (acres) Wetland P 0.35 (acres) 0 (acres) Wetland M-LT 0.01 (acres) 0 (acres) Wetland O-LT 0.01 (acres) 0 (acres) Wetland P-LT 0.18 (acres) 0 (acres) Wetland S-LT 0.04 (acres) 0 (acres) Wetland T-LT 0.07 (acres) 0 (acres) Wetland W-LT 0.14 (acres) 0 (acres) Total 6.75 (acres) 0 (acres) Open Waters Site 1— Pond 1 0.22 (acres) 0 (acres) Total 0.22 (acres) 0 (acres) Buffers —Zone 1 Site 131— Stream SC 9,591(square feet) 0 (square feet) Site B2 — Stream SD 32,856 (square feet) 0 (square feet) Site B5 — Stream SE 84,916 (square feet) 0 (square feet) Site B7 — Stream SG 18,916 (square feet) 0 (square feet) Site B8 — Stream S12/SI3 6,261 (square feet) 0 (square feet) Site B9 — Stream S13 15,860 (square feet) 0 (square feet) Total 168,400 (square feet) 0 (square feet) Buffers — Zone 2 Site Bl — Stream SC 4,643 (square feet) 0 (square feet) Site B2 —Stream SD 23,455 (square feet) 0 (square feet) Site 135 — Stream SE 57,615 (square feet) 0 (square feet) Site B7 — Stream SG 12,830 (square feet) 0 (square feet) Site B8 — Stream S12/SI3 5,241 (square feet) 0 (square feet) Site B9 — Stream S13 5,524 (square feet) 0 (square feet) Total 109,308 (square feet) 0 (square feet) Line of Road Improvements 404/401 Wetlands'-2 Wetland BB-SM 0.02 (acres) 0 (acres) Wetland CC 0.01 (acres) 0 (acres) Wetland DD-SM 0.10 (acres) 0 (acres) Wetland Y 0.01 (acres) 0 (acres) Total 0.12 (acres) 0 (acres) 1 Wetlands are riparian unless otherwise noted. Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 5 of 10 2 Wetlands F and G are isolated basin wetlands within the project area. Impacts to these two wetlands are below the written concurrence threshold of 1/3 acre, therefore are not shown in impact table but subject to 15A NCAC 02H .1300 Isolated Wetlands and Waters [non-404] Rules. 3 Mitigation not required for this specific buffer impact per Table of Uses in 15A NCAC 02B .0259. Mitigation required otherwise, unless noted. 2. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. [15A NCAC 02B .0506(h)] and 15A NCAC 02B .0259(10)] Compensatory Mitigation River & Sub -basin Required Number Stream 4,042 (linear feet) Tar -Pamlico 03020101 Wetlands 6.87 (acres) Tar -Pamlico 03020101 Buffers 642,518 (square feet)* Tar -Pamlico 03020101 *Buffer Mitigation Calculation Multiplier Total Zone 1 Impacts 162,139 3 486,417 Zone 2 Impacts 104,067 1.5 156,101 TOTAL 642,518 You have our approval of the final Swift Creek Permittee Responsible Mitigation Plan (PRMP) dated May 9, 2019. This mitigation plan is only approved for credits towards the impacts approved in this certification. Should the as -built plan and survey indicate the stream/wetland/buffer credits required by this Certification are not achieved, a plan to provide mitigation credit for the deficiency will be required. [15A NCAC 02H .0506 (b)(6)] 3. Stormwater Manaeement Plan The SMP required by the City of Rocky Mount meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from City of Rocky Mount. [15A NCAC 02H .0506(b)(5)] Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 6 of 10 4. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. Any modifications to the project, including the US Army Corps of Engineers' selection of a least environmentally damaging practical alternative other than the preferred alternative, require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501 and .0502] 6. No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] 7. 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). 8. For portions of the project that are exempt from G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973), those portions 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] 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. 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. 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. 9. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H .0501 and .0502] Carolina Connector intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 7 of 10 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. (15A NCAC 02B .0201] 11. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] 12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 13. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 8 of 10 The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. 14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 15. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 16. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 18. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 19. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 9 of 10 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. Mr. Matt Adkins and CSX Transportation, Inc. and Mr. Tony Coggins and the North Carolina Department of Transportation shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division 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 Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Matt Adkins and CSX Transportation, Inc. and Mr. Tony Coggins and the North Carolina Department of Transportation and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Matt Adkins and CSX Transportation, Inc. and Mr. Tony Coggins and the North Carolina Department of Transportation in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 24. Upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] 25. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] Carolina Connector Intermodal Rail Terminal & Line of Road Improvements DWR Project #2017-0938v2 Individual Certification # WQC004193 Page 10 of 10 26. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 27. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 28. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] This the 171h day of June 2019 /afr7n Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4193