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,
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