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Home My WebLink About20161074 Ver 1_Approval Letter_20161130Environmen tul QU4�ICy PAT MCCRORY Govarnor DONALD R. VAN DER VAART Sccretan JAY Z(MMERMAN DW'K Direc[or November 30, 2016 Rowan County NCDWR Project No. 20161074 1-85 Improvements TIP I-3802B Federal Aid Project No. NHIMF- 085-2(78)63 APPROVAL of 401 WATER QUALITY CERTIFICATION, wi[h ADDITIONAL CONDITIONS Mr. Philip S. Harris, II1, P.E., CPM Natural Environment Sec[ion Head Project Development and Environmental Analysis North Carolina Department of Transporta[ion 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Harris You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of widening I-85 to an eight-lane divided facility from north of SR 1308 (Moose Road) to north of the US29/US 60I Connector (Exit 68) in Rowan County. This is a revision ro the previously issued a01 Certification dated Novenrber l6, 2016. This Cer(tfieation now corresponds to the US. Army Corps o(�Engrneers Seetion 404 Genera! Permil 198200031 and inc/udes a Tab/e 3 Condi�ion lha[ describes pipe%ufvert burral and p/acemena a� each site. Table 1. Wetland Im acts in the Yadkin PeeDee River Basin riverine Site Fill Fill Excavation Mechanized Hand Total (ac) (temporary) (ac) Clearing Clearing Wetland (ac) (ac) (ac) Impact ac 4 - - - - 0.08 0.08 5 <0.01 - - <0.01 - <0.01 g - - - - <0.01 <0.01 9 - <0.01 - <0.01 - <0.01 10 - - - <0.01 - <0.01 12 <0.01 - - - <0.01 <0.01 32 - - <0.01 0.02 - 0.02 Totals 0.02 <0.01 <0.01 0.03 0.09 0.15 � otai wenana impacc mr rro�ecr. u. i� acres �rounaea�. -'" �'Nothing Compares `- � State o(North Carolina I Emiwnmental Quality 161 I Mail Service Cemer I Raleigh. Nonh Carolina 27699-161 I yl`7-707-9000 Table 2. Stream Im acts in the Yadkin PeeDee River Basin Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Stream Impacts Intermittent Stream Intermittent Stream Perennial Stream Perennial Stream Requiring Site (linear ft.) (linear ft.) (linear ft.) (linear ft.) Mitigation Bank Culvert Bank F�� Bank Culvert Bank Fill ��near ft.) Stabili�ation Stabiliaation Stabili7ation StabiliTation 1 24 - 10 - - - - - - 2 25 11 - 27 - - - - - 3 - - - - 60 - 20 - - 6 - - - - - - 40 - - 7 - - - - 11 - 10 - 11 9 - 23 - 10 - - - - - 10 14 5 10 - - - - - - 11 - - - - 11 - 10 - - 13 - - - - 22 - 10 - 22 14 - - - - 10 - 10 - 10 15 - - - - 12 - 10 - 12 16 - 9 - 10 30 - 10 - 30 17 24 - 20 - - - - - - 18 - - - - 18 - 10 - 18 19 - - - - 13 - 10 - 13 20 14 - 10 - - - - - - 21 10 40 - 20 - - - - - 22 - - - - 30 55 - 24 - 23 - - - - 7 - 10 - 7 24 - - - - 14 - 10 - 14 25 - - - - 12 - 10 - 12 26 21 10 - 20 - - - - - 27 - - - - 32 87 - 20 119 28 31 153 - 20 - - - - - 29 - - - - 15 - 10 - 15 30 21 4 - 23 - - - - - *31 12 - - 49 - - - - - 33 15 14 - 10 - - - - - 34 21 93 - 20 - - - - - 35 16 186 - 30 - - - - - 36 - - - - 13 113 - 18 - � 37 21 - 10 - - - - - - *38 16 - - - - - - - - Totals 285 548 60 239 310 255 180 62 283 *Temporary impacts at Site 31 include 10' for bank stabilization and 39' for stream daylighting; lmpacts at 5ite 38 are Ybr a standard base ditch. Total stream impacts for Project: 1,939 linear feet. The project shall be constructed in accordance with your application dated received November 1, 2016. After reviewing your application, we have decided that these impacts are covered by General Water.Quality Certification Number 3886. This certification corresponds to General Permit 31 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not � limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions Where 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)]. Details of culvert placement and burial are provided in Table 3 below. Table 3. Culvert/Pi e Placements and Burial b Permit Site. Permit Impact Type PiQe/Culvert Burial Details Site No. 2 48" RCP Upstream extension is not to be buried but match existing stream elevations. 16 48" RCP Downstream pipe replacement is not to be buried but match existing stream elevations. 21 30" RCP Pipe replacement is not to be buried but match existing stream elevations. 26 60" RCP Ext. Junction boxes are utilized downstream in order to match existing stream elevations. 27 7'x7" RCBC Ext. Downstream extension is to be sloped to match existing outlet streambed elevation. 28 60" RCP Ext. Upstream and downstream extensions are not to be buried but match existing stream elevations. 30 36" RCP Ext. Upstream and downstream extensions are not to be buried but match existing stream elevations. 33 36" RCP Downstream extension is not to be buried but match existing stream elevations. Upstream and downstream extensions are not to be buried but match 34 30" RCP existing stream elevations. A junction box will be utilized to the extreme erosion/channel incision at this site. 35 36" RCP New RCP is to be buried 20 percent. 36 30" RCP New 30" pipe replacement is not to be buried but match existing stream elevations. Note: Yipes at 5ite Nos. y, 1u ancl ll are tor stormnow ann are set at mgner eievauons. 2. 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)] � 3. For the streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] - 4. 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)] 5. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in drainage areas of the project that are within the 0.5-mile Critical Area (CA) of Lake Fisher's water supply intake. 6. The NCDOT shall design, construct, and operate and maintain five hazardous spill catch basins (HSCBs) within the CA of Lake Fisher watershed. The HSCBs shall be located at Station numbers: L-484+72 Lt; L-496+50 Lt; L-514+50 Lt; L-521+50 Lt; L-534+00 Lt. Compensatory mitigation for 283 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 July 7, 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. General Conditions 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 alY 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 [I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. All work in or adjacen[ to s[ream 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 [o prevent excavation in flowing watec [ I SA 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. [ I SA NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent con[amination of stream wa[ers ftom fuels, lubricants, hydraulic fluids, or other [oxic ma[erials. [15A NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from [he stream channel except where authorized by this certification. [ISA NCAC 02H.0506(b)(3)] 1 1. Discharging hydroseed mix[ures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 12. The permit[ee and i[s au[horized agen[s shall conduct its activities in a manner consistent with S[ate water qualiry standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any o[her appropriate requirements of State and Federal law. If the NCDWR determines Ihat 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. [I SA NCAC 02B.0200] 13. All fill slopes located in jurisdictional wetlands shall be piaced at slopes no flatter than 3:1, anless otherwise authorized by this certification. [ISA 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 Wa[er Quality Certifica[ion and all subsequent modifications, ifany, shall be maintained with the Division Engineer and the on-site project manager. [I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] 15. The outside buffer, wetland or water boundary located wi[hin the construction corridor approved by this authorization shall be clearly marked by highly visible fencing/flagging prior to any land disturbing activities. Impacts within the fenced/flagged area 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 �ovemment agencies (i.e. local, state, and federaq having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation conVol requirements, etc. 17. The Pertnittee shall repon 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 associa[ed borrow or waste sites), the NCDOT Division Engineer (or appoin[ee) shall complete and return the enclosed "Certifica[ion of Completion Form" to notify [he NCDWR when all work included in the 401 Certification has been completed. [I SA NCAC 02H.0502(�] 19. Native riparian vegetation mus[ be reestablished in the riparian areas within the construction limits ofthe project by the end of the growing season following completion of construction. [15A NCAC 02H.0506(b)(3) and (c)(3)] 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 wedands or streams, compensa[ory mi[iga[ion will be required since that is a direct impac[ from road cons[ruction activities. [ISA NCAC 02H.0506(b)(3) and (c)(3)] 21. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(bx3) 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 Carolrna Sediment and Erosion Condol Plannrng and Desrgn Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requ'vements specified in the most recent version of the North Carolina Sedrment and Erosion Control Manual. The devices shall be maintained on all construction sites, boirow sites, and waste pile (spoil) projects, including contracror-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment conuol measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Cmolrna Surface Mining ManuaJ. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requ'vements 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. [ISA NCAC 02H.0506(bx3) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an adminisuative 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 sixry (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of Administrative Hearings accepts filings Monday Uvough Friday between the hours of S: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 Heazings. The petition may be fa�ced-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the fa�ced 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 1'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Dave Wanucha at (336) 776-9703 or Dave. Wanucha@ncdenr.gov. Sincerely, � � �Q S. J immertnan, Director Division of Water Resources Electronic copy only distribution: John Thomas, US Army Corps of Engineers, Raleigh Field Office Amy Euliss, Division 9 Environmental Officer Rodger Rochelle, NC Department of Transportation Carla Dagnino, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office File Copy Environmen ta! Qualrty NCDWR Project No.: Applicant: Project Name: Da[e of Issuance of 401 Water Quality Certification: County: PAT MCCRORY Govemor DONALD R. VAN DER VAART Sccre�ary JAY ZIMMERMAN owH o��«� 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 retum this certificate to the 401 Transportation Permitting Uni[, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form may be retumed to NCDWR by the applicant, the applieant s authorized agent, or the project en�ineec It is not necessary to send certificates from all of these. ApplicanPs Certifrca�ion 1, , hereby s[ate Iha[, to the best of my abilities, due care and dili�ence was used in the observation of the consVuction 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 supportine materials. Signature: Date: AgenPs Cer�ificalion 1, , 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 ro be built within substantial compliance and in[ent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and specifica[ions, and other supporting ma[erials. Signa[ure: Date: Engi�teer's Certifieation Partial Final I, , as a duly registered Professional Engineer in Ihe State of North Carolina, having been authorized [o observe (periodically, weekly, full time) [he construction of the project for the Permi[tee hereby state that, to the best of my abilities, due care and dili�ence 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 Registration No. "Nnthing Compares =- � 5[ate of NORh Camlina � Emimnmental Quality 161 I Mail Service Cen[er I Rzleigh. Nonh Carolina 27699-161 I 91 y-707-9UIIU