HomeMy WebLinkAbout20140175 Ver 2_Approval Letter_20150430Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
April 30, 2015
Watauga County
NCDWR Project No. 20140175 v.2
Summit Meadow Lane
Project No. R-5525
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, PE, Division Engineer
NCDOT, Division 1 1
P.O. Box 250
North Wilkesboro, NC 28659
Mr. Richard Sparks, CEO
Appalachian Regional Healthcare System
336 Deerfield Road
Boone, NC 28607
Dear Mr. Pettyjohn and Mr. Sparks:
You have our approval, in accordance with the conditions listed below, for revised impacts at Site 2 as listed below
in Table l, for the purpose of improving Summit Meadow Lane to serve the Chestnut Ridge at Blowing Rock
Medical Facility in Watauga County. ,
The project shall be constructed in accordance with your original application dated received February 20, 2014
along with the revisions requested via email correspondence on April 23, 201 S from NCDOT D�vision 11 and
summariaed below for Site 2 in Table 1. No conditions of the original Certifrcation have changed.
Table 1. Stream Im acts in the New River Basin (revised im acts are for Site 2
Permanent Fill in Temporary Fill in Stream Impacts
Site Perennial Stream Perennial Stream Total Stream Impact Requiring
(linear ft) (linear ft) (�inear ft) Mitigation
linear ft
Site 2
(New/Revised (r�prap) (workpad) � � �� � �
Im acts)
Site I � � _ I 0 0
(Previous Impacts) (riprap)
Site 1 102 40 142 0
(Previous [mpacts) (pipe) (dewatering)
Total 209 115 324 0
Total Stream Impact for Project: 324 linear feet.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer
Table2. Wetland Im acts in the IVew River Basin no new im acts for this revision
Site Fill Mechanized Clearing Hand Clearing Area under Total Wetland
(ac) (ac) (ac) Bridge Impact (ac)
0.03
Total I 0.03
0.04
0.04
Total Wetland Impact for Project: 0.07 acres.
0.07
0.07
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 original application dated February 20,
2014 and this revision per your request on April 23, 2015. Should your project change, you must notify the
NCDWR and 'submit a new application. [f 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 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 Certifcation:
Project Specific Conditions
1. Stormwater from Summit Meadow Lane (all portions maintained by NCDOT) shall be constructed as
depicted on the Stormwater Management Plan for Linear Roadway Projects submitted with the application
and hereby incorporated by reference. Stormwater facilities along the NCDOT maintained portion of
Summit Meadow Lane shall be the responsibility of NCDOT and shall be maintained in accordance with
NDPES Permit NCS000250 issued to NCDOT by the Division.
2. Stormwater management from all impervious surfaces other than the NCDOT maintained portion of
Summit Meadow Lane shall be the responsibility of Appalachian Regional Health System. The Division
approves the SMP for all non - roadway built upon areas consisting of one Wet Detention Basin and one
Bioretention Cell and all associated stormwater conveyances, inlet and outlet structures, and the grading
and drainage patterns depicted on plan sheets dated March 7, 2014 and March 17, 2014, which are
incorporated by reference and are enforceable by the Division. The following conditions also apply:
a) The maximum allowable drainage area for the approved Chestnut Ridge Medical Facility shall be 229,997
square feet and the maximum allowable built -upon area within that drainage area shall be124, 582 square
feet draining to the Wet Detention Basin and 100,624 square feet and the maximum allowable built -upon area
within that drainage area shall be 54,450 square feet draining to the Bioretention Cell. Any changes to these
maximum areas shall require the applicant to submit and receive approval for a revised stormwater management
plan by the Division.
b) The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all
sides of the devices shall be located in either: public rights -of -way; dedicated common areas; or
recorded easement areas. The final plats for the project showing all such rights -of -way, common areas
and easement areas shall be in accordance with the approved plans.
c) The approved SMP shall be constructed and operational before any permanent building or other
structure is occupied at the site.
d) The SMP for the Chestnut Ridge Medical Facility may not be modified without prior written
authorization from the Division.
e) Maintenance activities for the Wet Detention Basin and the Bioretention Cell shall be performed in
accordance with the notarized O&M agreements signed by Richard Sparks on March 12, 2014. The
O&M agreements shall transfer with the sale of the land or transfer of ownership /responsibility for the
BMP facility. The Division shall be notified promptly of every transfer.
3. All bridge construction shall be performed from as described in your request for revisions. 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)]
4. 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. Please refer to the most current version of Stormwater Best Management Practices. [ I SA
NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
General Conditions
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. [f 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)]
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)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit /
drawings submitted for approval. [] SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
� (�)(�)l �
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 ofNCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [ 1 SA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in arder 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)]
1 l. 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. 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. [ I SA NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [n
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)]
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. [15A NCAC 02H.0501 and .0502]
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. [15A NCAC 02B.0506(b)(2)]
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( fl]
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. [15A NCAC
02B.0506(b)(2)] .
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 tnat they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Contro! 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 Manua[.
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)]
lf 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 S: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. Sam M. Hayes, 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@ncdenr.gov.
Sincerely ,
.(�t� S. Jay Zimmerman, Director
�� � Division of Water Resources
Electronic copy only distribution:
Tasha McCormick, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division 1 1 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Walter Roberts, Louis Berger Group
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project lVame:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. [t is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the 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: Date:
Agent's Certifrcation
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the 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: Date:
Engineer's Certification
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
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
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: www.ncdenr.gov
An Equal Opporlunity 1 Affirmative Action Employer