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Home My WebLink About20130223 Ver 6_20130223v5_R-2524CD_06142016_20160622 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director June XX, 2016 Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed Greensboro Western Loop from north of ST2176 (Bryan Boulevard) to SR 2303 (Lawndale Drive) in Guilford County, Division 7; Federal Aid Project No. STP-NHF-124(1), WBS Element 34820.1.2, TIP Project No. R-2524 C and D. NCDWR Project No. 20130223 v.5 Dear Mr. Harris: Attached hereto is a modification of Certification No. 3965 issued to The North Carolina Department of Transportation (NCDOT) dated July 2, 2013 and subsequent modifications dated April 15, 2014, June 25, 2015, and October 12, 2015. If we can be of further assistance, do not hesitate to contact us. Sincerely, S. Jay Zimmerman, Director Division of Water Resources Attachments Electronic copy only distribution: David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Rodger Rochelle, NC Department of Transportation Carla Dagnino, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services File Copy State of North Carolina |Environmental Quality | Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 Modification to the 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 an additional 0.08 acres of jurisdictional wetlands and 1,151 linear feet of jurisdictional streams in Guilford County. The project shall be constructed pursuant to the application dated received May 12, 2016. The authorized impacts are as described below: Table 1. Site Number Key Site Number Original Application Modification (July 2, 2013) Application (May 12, 2016) 1 -- 1 2 1 2 3A -- 3A 3 2 3 4 3 4 5 4 5 6 5 6 7 6 7 8 -- 8 9 7 9 10 -- 10 11 -- 11 12 -- 12 Table 2. Stream Impacts Permanent Temporary Stream Temporary Fill Permanent Fill Total Fill in Fill in Impacts Site Number in Intermittent in Perennial Stream Intermittent Perennial Requiring Stream Stream Impact Stream Stream Mitigation (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) 1 15 15 -- -- 30 -- Original approved -- -- 393 10 403 393 impacts at Site 1* New additional -- -- 21 -- 21 21 impacts at Site 2 Total Impacts with this approval -- -- 414 10 424 414 at Site 2 Original approved -- -- 919 10 929 919 impacts at Site 2* New additional 158 -- 101 -- 259 101 impacts at Site 3 Total Impacts with this approval -- 158 1,020 10 1,188 1,020 at Site 3 3A 96 -- -- -- 96 -- Original approved -- -- 1,488 10 1,498 1,488 impacts at Site 3* New additional -- -- 93 2 95 93 impacts at Site 4 Total Impacts with this approval -- -- 1,581 12 1,593 1,581 at Site 4 Permanent Temporary Stream Temporary Fill Permanent Fill Total Fill in Fill in Impacts Site Number in Intermittent in Perennial Stream Intermittent Perennial Requiring Stream Stream Impact Stream Stream Mitigation (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Original approved -- -- 1,253 20 1,273 1,253 impacts at Site 4*† New additional -61 23 -38 -61 impacts at Site 5 Total Impacts with this approval -- -- 1,192 43 1,235 1,192 at Site 5 Original approved 141 10 -- -- 151 -- impacts at Site 5* New additional 17 6 -- -- 23 -- impacts at Site 6 Total Impacts with this approval 158 16 -- -- 174 -- at Site 6 Original approved -- -- 311 10 321 311 impacts at Site 6* New additional -- -- 3 -- 3 3 impacts at Site 7 Total Impacts with this approval -- -- 314 10 324 314 at Site 7 8 -- -- 46 18 64 -- Original approved -- -- 99 10 109 -- impacts at Site 7* New additional 289 10 299 impacts at Site 9 Total Impacts with this approval -- -- 388 20 408 388 at Site 9 10 -- -- 34 20 54 -- 12 -- -- 308 15 323 308 Total Additional 286 6 834 98 1,229 Impacts 427 16 5,297 158 5,913 Total Impacts Total Stream Impact for Modification: 1,151 linear feet. Commented \[WBL1\]: Add utility impacts Notes: * See Table 1 for explanation of site numbers. † Impacts reflect the sum of impacts at site 4 in the original certification. Table 3. Utility Impacts to Streams Permanent Impacts Temporary Impacts Impacts Requiring Site (linear Feet) (linear feet) Mitigation (linear feet) U1 -- 15 -- U2 -- 15 -- U3 -- 15 -- U4 -- 15 -- U5 -- 15 -- U6 -- 15 -- Total Impacts -- 90 -- Total Utility Impacts for Modification: 90 linear feet. Table 4. Wetland Impacts Permanent Fill Temporary Fill Mechanized Excavation Hand Clearing Site (ac) (ac) Clearing (ac) (ac) (ac) 11 -- -- -- 0.05 0.03 Total 0.05 -- 0.03 -- -- Total Wetland Impact for Project: 0.08 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 May 12, 2016 and additional information dated received May 19, 2016. 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 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. Condition(s) of Certification: Project Specific Conditions 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of certification associated with the original Water Quality Certification dated July 2, 2013 and subsequent modifications dated April 15, 2014, June 25, 2015, and October 12, 2015 still apply except where superseded by this certification. 2. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. \[15A NCAC 02H.0506(b)(2) and (b)(3)\] 3. Two copies of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre-construction meeting. The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application dated March 24, 2016 and additional information dated received May 19, 2016. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Resources. 4. 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 to the new channel to prevent fish kills. \[15A NCAC 02H .0506(b)(3)\] 5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. \[15A NCAC 02H .0506(b)(3)\] 6. 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 the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. \[15A NCAC 02H.0506(b)(2)\] 7. 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 flood plain elevation and/or sills where appropriate. Widening 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. \[15A NCAC 02H.0506(b)(2)\] 8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. \[15A NCAC 02H.0506(b)(2)\] 9. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. \[15A NCAC 02H.0506(b)(2)\] 10. Compensatory mitigation for 19,125 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina 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 May 9, 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 July 28, 2010. 11. Compensatory mitigation for impacts to 0.08 acres of riverine wetlands is required at a 2:1 ratio. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated May 9, 2016 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with DMS’s Mitigation Banking Instrument signed July 28, 2010. 12. In accordance with commitments made in your application, all clearing of vegetation for purpose of relocating overhead power lines within jurisdictional wetlands shall be performed without the use of mechanized equipment. \[15A NCAC 02H.0506(b)(3)\] 13. The NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) for crossings in the Lake Brandt Critical Area watershed. The HSCBs shall be located at Station numbers – RPDY4- STA. 1+70 to STA. 5+00 LT and –L- STA. 443+75 to STA. 446+00 LT. General Conditions 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 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. 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. \[15A NCAC \] 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. \[15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)\] 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures 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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\] 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. \[15A NCAC 02H.0506(b)(3)\] 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. \[15A NCAC 02H.0506(b)(3)\] 11. 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. \[15A NCAC 02B.0200\] 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. 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. \[15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)\] 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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. \[15A NCAC 02H.0502(f)\] 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 North Carolina Sediment and Erosion maintained in accordance with the most recent version of the Control Planning and Design Manual . b. The design, installation, operation, and maintenance of the sediment and erosion control measures must North be such that they equal, or exceed, the requirements specified in the most recent version of the 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, North Carolina Surface Mining and maintained in accordance with the most recent version of the 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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\] 23. 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 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This the __th day of May 2016 DIVISION OF WATER RESOURCES S. Jay Zimmerman, Director WQC No. 4059 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director 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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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 ______________ State of North Carolina |Environmental Quality | Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300