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HomeMy WebLinkAbout20140258 Ver 3_Approval Letter_20160916Water Resources ENVIRONMENTAL OUALITY September 16, 2016 Mr. Philip S. Harris, :II, P.E., CP� Natural Environmeiit Sectior. Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 PAT MCCRORY I)ONALD R. VAN DER VAAR"l� s;�-�, ��, �,;:.� S. JAY 71MMERMAN Subject: Modification to the 401 Water Quality Certification Pursuant to Section 4�1 ofthe Federal Clean V�'ater Act �vith ADDITIONAL C�NDITIUNS #or the proposed NC 24/27 Troy Bypass from west of SR I!38 (Dairy Road) to just east oi Little River in Montgomery County, Divisior 8; WBS Elemeni 3�i352.1.1, T�P Froject No. R-G623. NCDWR Project No. 20140285 v.3 Dear Mr. Harris: Attached hereto is a modification of Certification No. 03992 issued to The North Carolina Department of Transportation (NCDOT) dated May 23, 2014 and subsequent modifications dated August 14, 2014. If we can be of further assistance, do not hesitate to contact us. Sincer� �� / �i��""" ,�� ',��%✓ �� S. Jay Zimmerman, Director Div;sion of Water 2esources Attachments Electronic copy only distribution: Andrew Williams, lJS Army Corps of Engineers, Raleigh Field Office Art King, Division 8, Environrriental Officer Rodger Rochelle, NC Department of Transportation Carla Dagnino, NC Department of Transportation Dr. Cynthia Van Der Wiele, CJS Environmental Protection Agency Gary Jordan, US Fish and Wiidlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, D:vision of Mitibation SPrvices File Copy � � Stnte of North ('aro�iva �buvironmental Quaiity I Water Reso��rces tu17 ?�taii 3e�vice Center, Ra!uiy7, Nori� ;;;relina 2?69°-1�?? Phone:919-807-630U li'IodiCcation to �the 401 Vdater �uality Certification Pursuant to Section 401 of the Federal Clean Water Act with A�llITI01�1AL 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 I�IC�C 2H .�5(3Q. 'I'his �ertificaticn authorizes the NCDOT to ur_pact an additiona] 417 li*;ear f�et ef jtu-isdi�ticnal sireams in Guilfoi� Coun_ry. Tne prujeci shaii be �onstructed pursuant to the appiicatior� dated received yiay 20, 2016. T'ne authorizzd impacts ar� as described below: 'I'ab�e 1. Strear€i Im ac�s in the �'a�ki:�-Pee ��e �ive; Basin Permanent Temporary Fill Permanent Fi[l Temporary Totai Stream Fill in Fill in Impacts Site Namber in dntermittent in Perennial Stream 3ntermitteRt �erenniai Itequir6ng Stream Stream Stream Stream I Imoact lYlitigation (linear ftj �����ear fY) (iinear f't) ���near €t) l`'�neae ft) (linear ft) Original approved _ __ 383 31 414 383 impacts at Site 15 New additional � impacts at Site 15 � 'g 3� � �g ToialImpacts + —�� with this approval� -- -- 421 31 452 � 421 at Site 15 � _ 25 270 2� -- -- 298 -- 26 -- -- 74 7 81 -- TotalOriginal 1,496 172 3,420 528 5,616 3,175 Im acts Total Additional Z�0 �g 112 7 4i7 38 Im acts ITota! Pra,�Q�t a,�66 BCO I 3,532 535 � 6,033 i 3,213 , ;r!�; 2�ta I � 'd'otal StrQarra impact f�r Pr-o;ect� 0',033 IinQar feet. The application provides adequate assurance that the discharge of fill materia] into the waters of the Yadkin-Pee Dee River Basin in conjunciion �vith the proposed deveiopment wili noY result in a violation of applicable Water Quality Standards and discharge guidelir.es. Therefore, the Stat� of North Carolina certifies that this activity •Nill not ��?olate the applicable nortions 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 rorth. This ap�roval is only valid for the purpose and design that you submitted in your application dated received IvIay 20, 2016. Should your project cllanae, you are required to notify the NCD'vyTi and submit a new appl�catian. If the property is sold, the new o�vner 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 fi�ture) exceed one acre or 150 linear feet, respectively, a�'ditienal compensatory mitigation may be required as described in 15A NCAC 2�: .05�6 (h) (6) and (7). For this approval to remain valid, you are required to comply �vith «ll the conditio;�s listed below. In addition, you should obtain all ather federal, statz or l.^,cal perniits befar� prcceed'.ng with you: proje�t :ncluding �but not limited to) Sediment and Erosion control, Ccastal St�rmwater, Non-dis�harge and Water Supply Natershed regulations. This Certifica±ion shall expire on i�e sa:ne day as the expiration date of the conesponding Corps of Engineers Permit. Condition(s) af Certification: Project Specific Conditions 1. This modification is applical�le only to the additicnal proposed activities. All of the authorized activities and Ct)Ili�l�.!OI2� �3f Cs',CYi 1C:iil:i.t 3SSvCliltP4 W:t:: 1:2C ��E';�1T1S� ��4t�: QL',8�1�' ��?'t1fLC�lii�tl :�iwted M1a;� �3, 2C14 ar.ci subsequent modifcations dated August 14, 2014 still apply except where superseded by this certification. 2. Riprap shall not be placed in the active thalv��eg channel or placed in the streambed in a ma:mer that precludes �a.uatic li:�� �assage. Fiioergi�ee�i��g bouid�rs or struch�res shou�� he pro�erly aesi�ned, ciLed anc! insta:led. [15h NCAC G2HA505(b)(2)] 3. Cotnpensatory n�itigation for 3,213 linear feet of unpact to streatns at a 1:1 ratio is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of IvIitigation 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 May 13, 2016 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed June 14, 2016. �eneral �onditions i. Un.ess otheiti=�ise approved in this certification, placement of culverts and otlier structures i.n open waters and streams sha?1 b� placed below the elevation of the streambed by one foot fox al? eulverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter ior culverts having a diameter less than 48 inches, to allow low flew passage of water and aquatic life. Design and placement of c�alverts and other structu:es inc?uding temparary erosion cantrol r:leasures shall r�ot be conducte� 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. Tne applicant is required to orovide evidence tnat the equilibrium is beiug mainiained if requested in writing by NCDV�IR. Tf this condition is unablz to be met due to bedrock or other limiting features encountered during censtruction, 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. If concrete is used during construction, a dry work area shalt be maintained io prevent dir•ect contact between curine concrete and stream water. W ater that inadvertently contacts unci�red concrete snali not be discharged - to surface waters due to the potential for elevated pH and possible aquatic life anci fish kills. [15A NCAC �2B.�2�0] 3. Du: ing 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 floadplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506ibii2); 5. The use of ri�-rap abovP ±he Norrsal Nigh Water Mark sha11_ be mir_imizec�. Any rir-rap placed fo_r strPam s`a'�i'-�z�t:�n �h ��: rC ti;iC�C� lIl .st?'L2T.'7 C�ic i•1'_.'.�:S L'1 S+�i.h �. m:ar�e� i�l^ui 1t (�4i�$ T�J1 1^?y�(�4. N�URi1C Ilf.P. �2SS1�T2: [l5A NCAC 02H-0505(hl(7_l] 6. The Permittee shall ensi�re that the fina] design drawings adhere to the permit and to the permit drawings submitted for approval. [ 15A NCAC 02H .05�7 (c) and 15A NCAC G2H .OSOo (b)(2) and (c)(2)] 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures frorr, the r�iost current version ofN�DOT Construction a�d Maint.,nance Activities manual such as sandbags, rock berms, coffer�ams and othPr di��ersion stnctures shall be used to nrevent excavation in flewing water. [lSf1 NC.SC Q2H.0506(b)(3) and (c)(3)j 8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the in7oduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 9. Al! mechanize� equipment operated near surface waters must he regularly inspected and mair.tained to prevent contamination of streain waters from fuels, lubricants, l�yd-raulic fluids, or otner toxic materials. [15A Iv'CAC G2H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certificatiar.. �15A NCAC 02H.OSOG•(b)(3)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment ir. er adjacent to surface waters is �rohibiied. [15A NCAC 02H.0506(b)(3)] 12. Tr�E perr,littee a;�d i�s autharized agents shall conduct its activities in a manner consistent with State water quaii�y standaj•ds (including any reauirements resultiug from complianue with §303(d} of the Clean Water r��ti t1!'i(� itll� Oii1Ci 3i�C:'i��ri��te reqr,lieiT%E;�tS Oi UfatZ and Yeder«; l.2W. if �;i� i`�i ��f�t G�t(,'iiTl�t`i�S t}i0� SLiGil 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 T1C�WR:riay r�evainate an� mod�fy this cer�ification. [� �A NCA_^ 02B.C200] 13. A;I iiil siopes locai�d in jurisdictional wetlancis shall be placec; at siopes no tla�ter tkan 3: i, unless otherw;sz authorized �y t� is ceriii cation. �15A NCAC O�I�.05�6(b)f2}] 14. A copy of this Water Quality Certification shall be maintained on the construction site at ali times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer anci the on-site project manager. [15A NCEiC U2H .0�07(c) and 15A NCAL 02H .0506 (b)(2) and (c)(2)] 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visibie fei�cing t�iior to aily land disturbing aciivities. lnipacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [l5A NCAC 02H.0501 and .0502] 16. The issuar.ce of this certification does not exempt the Per!r:ittee from connplyir.g with za�y and all statutes, rules, regulations, or ordinances that may be imposed by other governmeni agencies (i.e. local, state, and federal) having ju.risdiction, including but not limited to applicable buffer rules, stormwater management rules, soil �resion and sedimentation contral requirernents, etc. 17. 'The Permittee sha11_ report any violations of this certification to the Division of Water Resotu-ces within 24 hours of discovery. [1�A NCAC 02B.0506(b)(2)j 18. Upon completion of the project (including any impa�ts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosPd "Certifcation of Completion rornn" t� notify the NCDWR when a11 work included in the 401 Certification has been complzted. [15A NGAC 02H.0502( fl j l9. Native riparian vegetation must be reestablished in the riparian areas within ±he r,onstruction limits of the project by the end ofthe growing season following completion of construction. [15A NCAC 02B.0506(b)(2)] 20. There shall be no excavation from, or waste disposa] into, jurisdictional wetlan�ls or waters associated with this permit without appropriate modification. Should waste ar 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 sedimert control practices must be in fi:ll compliance with all specifications governing the proper design, installation and opeiation and maintenauce of such Bzst Management I=ractices in order to protect surface waters standar�s [15A NCAC 02H.0506(b)(3) an.�. �c)(3)]: a. �i!'i� er:,sion &1'i� S�C�11T'iZ1L CO.ill'vl I21:asures fo: iil� �:rl'OjCCt ITiilSt �J� �iOSI�II2C�, iTiSi3i1ZQ, o�erated, and maintained in accorciance witn tne m.ost recent version of the iJorih Caroiina S'eoimert and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of ihe sediment and erosion control measures must be sucr 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 comp(y 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 otherw;se approv�d by this Ceriification. [15A NCAC 02H.0506(b)(3} and (c}(;)j 23. Vielations of any condiiion herein set forth may result in revocation �f 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/ar Coastal Area Man�gement Act Permit. This Certification shall expire upon the expiration af the 404 cr CAMA perriit. If you v�ish �e contest any statemer.t in the attached Certification ycn must file a petit:on for an zdriinist� ative nearing. You rnay obiain the petition form from the o�ce of Administrative hear:ngs. You must fite the petition with th� ci-fi�� cf .�d:7:n;st��at:v� �-Iearir.gs u�:'}�?il sixty (6�J) �a�y�s of re�eipt cf th�s no�iie. . ��e±it:on is considere� �1ee� ��hen it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday betrveen the hours of 8:OOam and S:OOpm, except for official state hol�davs. Tl�e arig i;al z.nd cne (1) capy of the petit�cn must b� filed �vith tl�e Cffir�e cf Ad�r;inis ,•ativ� Nearings. The petiticn aiay b� faxe�-provicie� the o: iginal and cr.e copy of the uocum;,nt :s received by tr.e Oftice of Adm;nistrative Hea���r;gs w;rhin five (5) business ;�ay�s failo�ving the faxed transmission. The m�ilirg �c��ress for the Cf�ice oi Adc;iL*�is�rativ� Hear-�ngs 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Deparhr►ent oi Enviruiunental Quality 1601 Mail Service Center T'his the 16th day of September 2016 DNISION OF WATER RESOURCES � S. Jay Zimmerman, Director WQC No. 3992 ;; Water Resources ENVIRONMENTAL �UALITY NCDWR Project No.: Applicant: P: oject Name: Date c►f [ssuance of 401 WatQr Quality Certii�cation: County: PA"T MCCRORY DONALU R. VAN UGR VAAKT S. JAY ZIMMt;RMAN Certificate of Completion Upon completion of all work approved within the 40 i Water Quality Certification or applicable Buffer Rules, and any subsequent r.iodificatiens, the applicant is required te return this certiticate to the 401 Tj•anspo:tation Pennitting Uni±, i�ivi'�fl Csroliaa Divis��n of V✓ater Resaurces, I�JI% "✓�aii Se��ice �eTiiCi, Ru�f;l�ri, iti�C, Z��i7-IFii'. TiiiS i�ii.i i7iay' be retu�ed to ?JCDWR by the a�p(icant, ihe appiicant's authorized agent, or the projzct engineer. It is not necessary to send certificates from a?1 of th�se. 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 compl�ance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. llb:iBiU: C: �al:.: Agent's Certification i, _ _ , hereby state that, to the best of my abilities, due care and diligence was used in the observation of tne construction such tnat the construction was observed to be built within substantiai compliance and intent of tl:e 401 Water Quality Certification and Buff.:,r Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certif[cation Partial Fina) I, , as a duly registered Professional Engineer in the State �f North Carolina, having been authorized to observe (periodically, weekly, fiill time) the construction of the project,for the Fermittee hereny state ihat, 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 ar.d intent of the 401 Water Quality Certification and Bufter Rules, the approved pians and specifications, and other supporting materials. Si�nature Registrat�on No. Date State of NorLh Carolina iEnv�mnmentnl !luality I W ater Resource, 1;17 �/�? 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