HomeMy WebLinkAbout20160191 Ver 1_Approval Letter_20160707Water Resources
ENVIRONMENTAL OUALITY
Mr. Philip S. Harris, II[, ?'.E., CPM
�rattu•al Environsn�nt Secti�n Head
Project Development and Environmental Analysis
North Carolina Deparhnent of Transpor�ation
1598 Mail Service Cent�r
Raleigh, North Carolina, 27699-1598
PAT MCCRURY
DONALD R. VAN DH;R VAART
July 7, 2016
s�<-�������„ ;�
S. JAY ZIMMF,RMAN
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RUi,ES with ADDITIONAL CONGITIONS for the Construction of the Greenville Southwest
Bypass irom sou[h of Gld I�IC i 1 io US 264 in Pitt Counry, TIP R-225u.
NCDWR Project No. 20160i91
Dear Mr. Harris:
Attached hereto is a copy of Certification No. 004060 issued to The North Carolina Department of Transportation
(NCDOT) dated July 6, 2016.
If we can be of further assistance, do not hesitate to contact us.
S�n�erP!y,
l� ✓� ``' �,✓ )
� •
S. Jay�Limmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Chris P.ivenba�k, NC Departrnent of Transportation
Dr. Cynthia Van Der Vdiele, JS Em�ironmental Protection Agency
Gary Jordan, US Fish and R%ildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Divis�on of Mitigation Services
Garcy Ward, NC Division of `JVater Resources Washington Regional Office
File Copy
Sr�?e ef Nerth Carolma jtimiirenme�rtal Quality '� Wzter Resnerces
16? r Mail Service i;entar, Ra•.eigh, iyortii Carcina 2i699-i6i?
401 Waier Quality �ertitication Pursuant to Section 401 of the Federal Clean Wa4er Act and NEUSE
BiTFFER RULES, with ADDTTIONAL 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 and 15A NCAC 2B .0233. This certification authorizes the NCDOT to impact 0.33 acres of
jurisdictior_al wetlands, 3,513 ls�ear feet cf juiisdi�tional streams and 2?4,?45 sq_�.�are feet of protec±ed riparian
'ouffers in P�tt Comity. The project shall b� constructed pursuant t� the application dated received Feoruary 25, 2�16
and revised application dated March 15, 2016. The authorized impacts are as described below:
Stream lm acts in the Neuse River Basin
Site Permanent �ill in iemporary �'ill Perrre�nent Temporary Total �tream Stream
Infermittent Stream in Intermittent Fill in Fill in Impact Iar►pacis
(linear ft) Strream (linear Perennial Perennial (li�ear ft) Requiring
ft) Stream Stream (linear Mitigation
(linear ft) ft) (iinear ft)
1 1, 532 G2 -- -- 1,624
------ - -- ---- - — --- — ---- -- --- - ----- ---- -- — - --- ----
2 -- -- � -- 50 50
3 -- -- 246 117 363 246
5 128 20 -- -- 148
6 383 75 -- -- 458
7 _ 233 244 -- -- 477
9 -- -- I 132 38 17Q � 132 �
�
' 0 38 46 -- -- $4
11 61 59 -- '-- 120
Moye Pit -- 19 -- -- 19
Total 2,375 555 378 205 3,513 3?8
Total Stream Impact for Project: 3,513 linear feet
Wetlanc�
Site Type Fill
�ac}
8 Non-riverine 0.33
in the Tar-Pamlico I2iver Basin
Fill Excavation Mechanized
(ternpa.~ary) �ac} �l�aring
(ac) (ac)
Total W�tlarrd Impact far Project: 0.33 acr�s.
Hand Total
�learflng �JVetlar�
(ac) Impact (ac)
-- 0.33
Neuse Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
I (sq ft) (sq ft) (using 3:1 ratioj ' (sq ftl wetlands) 1.5:1 ratio)
(sq ft)
1 89,889 0 89,889 269,667 60,675 0 60,675 91,013
2 7,825" 0 7,825 23,475 � 806* 0 806 n/a
3 17,579 0 17,579 52,737 12,145 0 12,145 18,218
5 8,453 0 8,453 n/a 5,414 0 5,414 n/a
� 6,557 0 6,557 n/a 4,476 0 4,476 n/a
temp
7
road 15,578 0 15,578 46,734 10,057 0 10,057 15,086
crussing
9 12,010 0 12,010 36,030 5,172 0 5,172 7,758
10 4,619 0 4,619 n/a 3,095 0 3,095 n/a
11 3,261 0 3,261 n/a 4,934 0 4,934 n/a
Moye 1,440 0 1,440 n/a � 760 G 7G0 n/a
Pit
,�_ � �
Totals 167,211 0 167,211 428,643 107,534 0 107,534 132,074
Total Buffer lmpact for Yroject: 274,745 square fee�
n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
*= mitigable impacts zone 1 for non-electric utility, allowable impacts zone 2 for non-electric utility
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin, Pamlico River Basin or wetlands in conjunction with the proposed development will not result in a violation
of applicable Water Quality Standazds and dischazge guidelines. Therefore, the State of North Carolina certifes 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 :hat you submitted in your application dated received
February 25, 2016 and revised application dated March 15, 2016. Should your project change, you are required to
notity 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 1501inear
feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (?). Additi�nzl �uffer impacis may :equire compensatory� mitigation as describ�d in 15A NC.�C 2B.0233. 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.
'fhis Certification shali expire on the same day as the expiration date of the corresponding Corps of F,ngineers
Permit.
Condition(s) of Certi�cation:
Cor.ipensatory mitigai;or. fer 3781in�ar f�et of unpact to s�-eams is required. V�Te understan.d that you
have chesen to perform comgensatory rr�itigation for impacts to streatns through the Nonn �aroiina
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 Apri121, 2C 15 that they will assume
responsibility for satisfying the iederal Clean Water Act compensatory mitigation requirements for the
above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28,
2010.
2. Compensatoiy mitigation for impacts to 142,8�1 square Teet of protected riparian buffers in Zone 1 and
88,049 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have
chosen to perform compensatory mitigation for impacts to protected buffers through use of the North
Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts
to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done :n accordance with 15A
NCAC .02B .0295. The DMS has indicated in a letter dated Anri121, 2015 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in
accordance with DMS's Mitigation Banking Instrument signed July 28, 2010.
3. 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 te ths r_ew ch?nnel to prevent fish k�11s. [15A NCAC 02H .45Q6(b)(3)
4. The issuar.ce oi this ce:tification dees not exempt the Perr.iittee iron: comply:ng with any and ail 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
ruies, soil erosion and sedimentation control requirements, etc.
5. 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) aud (c)(2)]
6. The outside buffer, wetland or water boundary located within the construction corridar 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]
7. During the construction of the project, no staging of equipment of any kind ic permitted in waters of the
U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
8. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, ur.less
otherwise autherized by this certification. [15A NCAC 02H.0506(b)(2)]
9. Ai� work in or adjacent to stream waters shall be con�ucted in a dry v:�ork area. Approved BivIP meas��res
from the most cu.*rent version ofN�DOT Construction and Maintenance Activities manual such as
s�7e:bags, rccic ber: is, eofi�rdanzs and cine: diversion stracture� shai: n� ;ase�+ to prev�r.r excavaticn ir.
flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
1Q. Se�i�n�nt and erasion ccr.t; el measures shall not �e piaced in wetlands or �vaters imless otrerv✓:se
approved by this Certification. [15.� NCAC 02H.OSC6(l3)(3) and (cl(s)
11. 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 maintairied in accordance with the most recent version of the North Carolina Sediment and
Erosion Cuntrol Plc�nn�ng and Design Munual.
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 N�rth Carolina Sediment and Erosiofx Cont��ol �Ianual. Thz devices shall be maintained on all
cons�-uction sites, l�orrow sites, and vvaste pile (spoil) pr�jects, including contractar-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, iristalled,
operated, and maintained in accordance with the most recent version of the North Carolinp Surface
Mining Manual.
d. The reclamation measures and iniplementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
12. Erosion connol matting in riparian areas shall not contain a nylon mesh grid which can impinge and
entrap small animais. IViatting should'be secured in place by staples, stakes, or wherever possible iive
stakes of native trees. kiparian areas are defined as a distance 25 feet from top of stream bank. [ 15A
NCAC �2B.0224, .0225]
13. 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 ccntrol measures shall not be conducted in a manner tt;at rray
result i.n dis-equilibriu.m 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
�t�aintained if requeste� in w.ituig by N�LzWR. Ii tais a�nliti�r_ is unaLle to'�e nie± due to �edrock ar
c,tiier iimiiing ieatures encuun�ere�i ciurir�g construction, piease cantact NCD"JVR iar guidance on how to
proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)�
14. 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 flo�d plain elevation and/or sills where appropriate.
W idening 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)]
15. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not
a concern, shall not be buried. These pipes shall be installed at natural ground elevation: [ISA NCAC
02H.0506(b)(2)(3)]
16. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be nlaced in stream channels in such a manner that it does not impede aquatic life
passage. [15A NCAC 02H.0506(b)(2)]
17. 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 con�rete shall nnt
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[? SA r1CAC Q2L.02Q0]
18. N� rock, sand or other materials shall t�e dredged fi•om the siream channel except where authorized by this
cert�ncation. [15A NCAC 02H.0506(b){3)] ,
19. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restared to natural geomoi-phic conditions. [15A NCAC
02H.U�06(b)(2 j]
20. 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
�assagP.�i 15R NCAC 02H.05p6(b)(2)]
2L Heaw equipment shall be operatzd from the banks rather than in the stream channel in order to minimize
sedimentation anc reduce the introduction c,f ather polhatants into tl,e strPam. [15A NCAC
02H.0�06(b)(3)]
22. All mechanized equipment operated near surface waters must be regularly ir.spected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
��s.� rJcac a2x.osos(b)(3)�
23. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 02B.0233]
24. All riparian buffers impacted by the nlacement of temporary fill or clearing activities shall be restored to
the preconsiruction contours and revegetated. Maintained buffers shall be permanently revegetated with
non-waody species by the end of the growing season following co:npletion of construction. For the
purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor
that will be subject to regular NCDOT maintenance activities including mowing. The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction. [15A NCAC 2B.0233]
25. Pursuant to 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1
of any Neuse Buffer without prior approval by the NCDWR. At this iime, the NCDWR has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
�miec±. Mnreo��er; sPdiment and erosion ��???7'�� LjeV1C?S sl�all he allowPd i�n �ene 2 of rhe buffers
provided that Lone 1 is not compromised and that discharge is reieased as diffuse flow.
26. Native riparian vegetation must Ue reestablished 'ui 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 j]
27. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
s�trface w�ters is prohibited. [l SA IrTLAC 02H.0506(b)(3)]
28. T'he permittee and its authc; ized agents shall conduct its activities in a manner cons:stent 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 star_dards or laws are not being met (including the failure to sustain a designated or acl-iieved use) or
that Sta±e ar federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certificat?on. [15A NCAC 02B.0200]
29. The Permitiee shali report any violations of this certification to the Division oi Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
30. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addi±ion, the Water Qu�lity Certification and all subsequent modifcations, if any, shall be maintained with
the Div:sion Engineer and the on-site project manager. �15A NCAC 02H .0507(c) and 15A NCAC 02H
.0��5 (b j��; ar�d l�)l�)�
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 aze made
conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If yuu wish to contesi any statement in the attached Certification you c:iust file a petition for an administrative
hearing. You may obtain the petition form from the o�ce 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 Heazings
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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 7th day of Juiy, 2016
DIVISION OF WATER RESOURCES
� �
O� �
S. Jay Zimmerman, Director
WQC No. 004060
Water Resources
ENVIRONMENiAL OUALITY
NCDWR Project No.:
Applicant:
Project lYame:
Date of Issuance of 401 Water Quality CertiCcation:
County:
PA"I� MCCRORl'
UUNALU IZ. VnN I)ER VAAK"1
ti. JAY IIMMI�,RMAN
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent moditications, the applicant is required to return this certificate to the 401 Transportation Permitting
Jrit, Narth Ca;clina Civision cf Wate; Rzsaurces, ;61? ?�1a�1 Service Center, Ra�e�gh, NC, 2769S-i517. This :arrn
may be �eturned to NCDWR !�y ttie applicani, the appl�cant's authorized agent, or the project engineer. It is not
necesszry to send certificates frem 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 (�uality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
� � �naiure: �ate:
Agent's Certifreation
I, _ _ , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of ihe consiruction such that the const�uction was ooserved to be buili within �ubstantiai
compliance and intent of the 401 Wat�r Qu3lity Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
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 BuffQr Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date
S�ate of North i 2rolina jF.nvironmental Quality i Water Resoivces
'fi17 �t�i1 gervir� Centzr Rale�yh Norti Carolinz 27gGg-1���
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