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Home My WebLink About20140090 All Versions_U-2579B Revisions_Rough Draft_20140623 Baker, Virginia From:Wanucha, Dave Sent:Monday, June 23, 2014 4:55 PM To:Price, Gregory W Cc:Chapman, Amy; Baker, Virginia Subject:U-2579B Revisions_Rough Draft Attachments:Draft IP Version_2.docx Hey Greg, Please review the attached rough draft of Individual Permit 401 Certificate at your earliest convenience and provide comments by July 2. This version includes the suggested revisions in your May 6 email along with modifications per your June 10 application. Keep in mind this is a rough draft and we welcome further discussion if necessary. Thanks. Dave W. Dave Wanucha NC Division of Water Resources Transportation Permitting Unit 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4951 FAX: (336) 771-4630 Dave.Wanucha@ncdenr.gov ----- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary June 24, 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 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 I-40 Bus/US421, Forsyth County, TIP U-2579B; 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, Thomas A. Reeder, Director 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 www.ncwaterquality.org Internet: An Equal Opportunity \\ Affirmative Action Employer 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 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 application 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 JD Package Permanent Excavation Mechanized Total Impacts (ac) Site No. ID Fill (ac) (ac) Clearing (ac) 1 ES-W16 0.03 <0.01 0.02 0.06 6 ES-W18 0.03 - <0.01 0.04 7 ES-W13 0.52 - 0.01 0.53 9 ES-W14 0.03 - 0.01 0.04 10 ES-W19 0.01 - - 0.01 13 ESE-W1 0.33 - - 0.33 14 ESE-W2 0.04 - - 0.04 15 ESE-W3 0.18 - - 0.18 17 ESE-W16 0.09 - <0.01 0.10 19 ESE-W4 0.47 - 0.01 0.48 21 ES-W17 0.02 - - 0.02 22 ESE-W22 0.01 - - 0.01 24A ESE-W20 0.03 - - 0.03 24A ESE-W21 0.03 - - 0.03 27B ESE-W17 0.05 - - 0.05 29 No ID - - <0.01 <0.01 TOTALS (ac)1.87 <0.01 0.08 1.96 Notes: Totals are rounded based upon sum of actual impacts. All permanent impacts require 2:1 USACE mitigation. Open 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. 2 | Page Stream Impacts in the Yadkin River Basin Impacts Impacts Stream I/P requiring USACE requiring Temp Permit Impact Permanent Name/JD Flow USACE Mitigation NCDWR Impacts Site No. Type Impacts (ft) 1 Packet ID Status mitigation Ratio mitigation (ft) (ft) (ft) UT to Lowery Mill 3 1 I Fill 142 142 1:1 0 0 Creek/ ES-S45 UT to 3 I Fill 109 109 1:1 0 0 Lowery Mill 2 P Fill 208 208 2:1 208 0 Creek/ 2 ES-S36 P BS 10 0 - 10 37 UT to Lowery Mill 3 P Fill 438 438 2:1 438 33 Creek/ ES-S35 UT to Lowery Mill Temp 3A P 0 0 - 0 545 Creek/ Detour ES-S35 UT to Lowery Mill Temp 3B P 0 0 - 0 194 Creek/ Detour ES-S47 UT to P Fill 493 493 2:1 493 18 Lowery Mill 4 Creek/ 2 P BS 9 0 - 9 31 ES-S37 UT to Lowery Mill 5 P Fill 740 740 2:1 740 22 Creek/ ES-S38 UT to Lowery Mill 3 5A I Fill 306 306 1:1 0 0 Creek/ ES-S39 UT to Martin Mill 6 P Fill 312 312 2:1 312 42 Creek/ ES-S40 UT to Fill 442 442 2:1 442 53 Martin Mill 8 P Creek/ 2 BS 58 0 - 58 44 ES-S42 UT to Martin Mill 10 P Fill 783 783 2:1 783 22 Creek/ ES-S43 3 | Page Impacts Impacts Stream I/P requiring USACE requiring Temp Permit Impact Permanent Name/JD Flow USACE Mitigation NCDWR Impacts Site No. Type Impacts (ft) 1 Packet ID Status mitigation Ratio mitigation (ft) (ft) (ft) UT to Martin Mill 10A 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-S1 UT to Kerners Mill 3 12 I Fill 88 88 1:1 0 205 Creek/ ESE-S30 UT to Smith 3 14 Creek/ I Fill 688 688 1:1 0 0 ESE-S3 UT to Smith 15 Creek/ P Fill 332 332 2:1 332 0 ESE-S31 UT to Smith 3 15A Creek/ I Fill 108 108 1:1 0 0 ESE-S32 UT to Smith 3 16 Creek/ I Fill 104 104 1:1 0 0 ESE-S36 UT to Fishers 17 P Fill 928 928 2:1 928 0 Branch/ ESE-S5 Fishers Fill 377 377 2:1 377 67 18 Branch/ P 2 BS 80 0 - 80 59 ESE-S4 UT to Fishers 20 P Fill 163 163 2:1 163 0 Branch/ ESE-S7 Smith Fill 100 100 2:1 100 32 23 Creek/ P 2 BS 54 0 - 54 89 ESE-S29 4 | Page Impacts Impacts Stream I/P requiring USACE requiring Temp Permit Impact Permanent Name/JD Flow USACE Mitigation NCDWR Impacts Site No. Type Impacts (ft) 1 Packet ID Status mitigation Ratio mitigation (ft) (ft) (ft) UT to Smith 3 23A Creek/ I Fill 57 57 1:1 0 0 ESE-S43 UT to Smith 4 23B Creek/ P Fill 135 135 2:1 0 0 ESE-S38 UT to Smith 24 Creek/ P Fill 202 202 2:1 202 0 ESE-S40 UT to Smith 3 Fill 73 73 1:1 0 0 25 Creek/ I ESE-S41 23 BS 21 0 - 0 16 UT to Smith 27A Creek/ P Fill 205 205 2:1 205 0 ESE-S24 UT to Smith 4 27B Creek/ P Fill 130 130 2:1 0 14 ESE-S33 UT to Smith 4 27C Creek/ P Fill 116 116 2:1 0 0 ESE-S34 Smith 2 28 Creek/ P BS 365 0 - 365 188 ESE-S29 Smith 24 30 Creek/ P BS 28 0 - 0 0 ESE-S29 Martin Mill 24 31 Creek/ P BS 21 0 - 0 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. 123 Determined by USACE during final JD packet review. Mitigation for bank stabilization not required by USACE. Intermittent 4 streams grandfathered from NCDWR mitigation. Mitigation 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 | Page 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: 1. 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. NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to these species. 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 upstream 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 restablize 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 22, 2013 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 (both planted and volunteers) and recorded and provided as part of the annual monitoring report. 6 | Page 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 down stream 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 rip-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. 7 | Page 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. 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. 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 8 | Page Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, 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. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the ----th day of June 2014 DIVISION OF WATER RESOURCES Thomas A. Reeder, Director Division of Water Resources WQC No. 3987 9 | Page North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary NCDWR Project No.:County: _______________ _______________________ Applicant: _ _______________________________________________________________________ Project Name: _____________________________________________________________________ Date of Issuance of 401 Water Quality Certification: _____________________________________ 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form or may be returned to NCDWR by the applicant, the applicant’s authorized agent, the project engineer. It 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 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:___________________________ Engineer’s Certification _______ Partial _______ Final I, _______________________________________, 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 ____________________________________ Registration No. _____________ Date ______________ 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 www.ncwaterquality.org Internet: An Equal Opportunity \\ Affirmative Action Employer