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Home My WebLink About20150931 Ver 3_Approval Letter_20161122Water Resourc es EHVIRONMENTAL OUALITY November 22, 2016 Mc 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 PAT MCCRORY IifiVCry]/)I DONALD R. VAN DER VAART se��.em.y. S. JAY ZIMMERMAN DlrcclnY Subjeet: Modification to the 401 Water Qaality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to I-77 in Mecklenburg and Iredel] Counties, Federal Aid Project NHF-077-I(209)9; WBS No. 45454.1.1, TIP I-5405, I-4750AA, and I- 33 ll C. NCD W R Project No. 20150931 v3 Dear Mr. Harris: Attached hereto is a modification of Certification No. WQC004036 issued to The North Carolina Department of Transportation (NCDOT) dated November 13, 2015-version I and February 15, 2016 version 2. This Individual Certification now includes impacts to the I-5405, I-4750AA and 1-331 1 C sections of the I-77 HOT Lanes project and all sections are now permitted. If we can be of further assistance, do not hesitate to eontact us. Sincerely, �� C� ��- � � . �� S. Jay Z�mmerman, Director Division of Water Resouroes Attachments Electronic copy onty distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Larry Thompsoq Division ] 0 Emironmental Officer Rodger Rochelle, NC Department of Transportation Colin Mellor, NC Department of Transportation Carla Dagnino, NC DepaRment of Transportation Dc Cynthia Van Der Wiele, US Environmental Protec[ion Agency Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy S[a[e of No�h Carolina IHnvim�mental Quality I Wa�er Remnmes 169 Mail Service Center, Raleigh, North Carolina 2769&1617 S ite 1-S lA-S 2-S 3A-S 3B-S 3GS 4B-S 6-S 7-S TOTAL: Modification to the 401 Water Quality Certiiication 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 additiona13,7281inear feet of jurisdictional streams in Mecklenburg and Iredell Counties. The project shall be constructed pursuant to the modification dated received September 27, 2016. The authorized impacts are as described below: Stream Impacts in the Catawba River Basin I Permanent Fill I Temporary Fill I Permanent Itill I Temporary Fill Stream Bank in Intermittent in Intermittent in Perennial in Perennial Stabilization I Stream � .. -- � .. Stream � Stream (linear � Stream (linear 19 40 100' 159 225 954 45 270 217 ,180 45 57 350 Total Stream Impact for Modification: 3,7281inear feet DWR Mitigation totals: 1,1891inear feet USACE mitigation totals are: 1,390 linear feet Wetland Impacts in the Catawba River Basin 169 Stream Impac Total Stream Impact Requiring 1Vritigation (linear feet) ,,.____ �� 275 19 270 217 !,134 90 57 350 216 100 s,728 225 954 0 10 0 189 Total Fill Mechanized ., Hand Area under Wetland Site Fill (temporary) Excavation Clearing Clearing Bridge Impact (ac) (ac) (ac) �a�� (ac) (ac) (ac) 4A-S 0.17 0.17 TOTAL: 0.17 0.17 Total Wetland Impact for Modification: 0.17 acres Impacts are temporary, no mitigation required. The application provides adequate assurance that the discharge of fill material into the waters of the Catawba River Basiri 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 modified application dated received September 27, 2016. All the authorized activities and conditions of certification associated with the original Water Quality CerCification dated November 13, 2015-version 1 and February 12, 2016-version 2 still apply except where superseded by this certification. 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0243. 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 befare 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. Special Condition(s) of Certification: 1. Site 1-S has rock stabilization in the bed of the relocated channel: Any rock stabilization shall be embedded so as to provide far stream stabilization but not impede aquatic passage. [15A NCAC 02H.0506(b)(2)] 2. Site 3B-S only will be allowed minimal usage of equipment in the stream. Heavy equipment may be operated within the stream channels however;, its usage shall be minimized. [15A NCAC 02H.0506(b)(3)] 3. Any new accumulation of sediment discharged to the stormdrain system that is being retained, will be removed as soon as possible to prevent additional/on-'going surface water impacts. [1SA NCAC 02H .0506(b)(3) � 4. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 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. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to diverting water into the new channel. 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 detertnine 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) 7. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas temporarily impacted at Site 4A-S. This update shall be conducted two growing seasons after completion of the work at Site 4A-S and shall consist of photographs and a brief report on the progress of the areas in re-attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall schedule an agency field meet'ing with the NCDWR to determine if the wetland areas temporarily impacted by this project have re-attained jurisdictional wetland status. If the wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland status, the NCDWR shall determine if compensatory wetland mitigation is be required. [15A NCAC 02H.0506(b)(3)] . 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 (�)(2)l 7. All post construction stormwater must be in compliance with NCDOT's NPDES permit NCS000250. [15A NCAC 02B.0506(b)(5)] 8. 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)] ' 9. 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)] 10. 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)] 11. 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)] 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in ar adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 13. 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 ar. 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] 14. 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)] 15. 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)] 16. 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. [15A NCAC 02H.0501 and .0502] 17. 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. 18. 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)] 19. 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 o2x.oso2( fl� 20. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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.0231(b)(6)] 21. 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)] 22. 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 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. 23. 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)] 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 Federa1404 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:OOam and S:OOpm, except for o�cial 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 Departrnent of Env'vonmental Quality 1601 Mail Service Center This the 22nd day of November 2016 DIVISION OF WATER RESOURCES �� , S. Jay ' erman, D� WQC No. 004036 Water Resources ENVIRONMENTAL OUALiTV NCDWR Project No.: County: Applicant: Project Name: Date of Issoance oT 401 Water Quality Certification: PAT MCCRORY � DONALD R. VAN DER VAART se�.��,�.� S. JAY ZIMMERMAN UIICCInT Certificate of Completion Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to remm this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not necessary to send certificates from all of these. App(icant'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 buil[ within substantial compliance and intent of the 401 Water Qualiry Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials. Signa[ure: Date: Agent's Certifteation 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 [o be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: E'ngineePs Cerlification 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 Ihe construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature Date Registration No. State of Nonh Caroli�a Environmenlal Qualiry I Water Resoumes 1617 Mail Service Center. Raleigh. North Carolina 276931617 Phone. 919-80�-6300