HomeMy WebLinkAbout20161220 Ver 1_Approval Letter_20170130Environmenlal
Qua(ity
ROY COOPER
U�irrrnor
MICHAEL S. REGAN
c: n�crun�
S. JAY ZIMMERMAN
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January 30, 2017
Gaston County
NCDWR Project No. 20161220v.1
I-85/US 321 interchange realign
TIP/S[ate Project No. 1-5000
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, 111, P.E., CPM
Namral Environment Sectio� Head
Project Development and Environmental Analysis
North Carolina Depamnen[ 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
realigning the US 321 /I-85 Interchange in Gaston County. This project has very specific challenges because portions
of it are either on top of an old landtill or encroach into the landfill with structures. As such, exceptional attention will
need to be �iven to the constroc[ion process in those areas. The areas with any type of landfill encroachment should be
clearly delineated for construc[ion personnel to see. This site has an ac[ive contrac[ wi[h Smith+Gardner Engineering
for site assessment and clean-up. Every effort should be tnade ro coordinate with the consultant for si[e management.
Please also follow guidance provided by the Division of Waste Management in the meetin� on June 24, 2016. See
attached mee[ing no[es.
Stream Im acts in [he Catawba River Basin
Permanent H511 Temporery Fill Stream Imryects
Bank Bank Total Stream
in Perennial in Perennial Requiring
Site Stabilization S[abilization ImFract
S[ream Streum Mitiga[ion
�T) �P� (linear k) (linear R) Oinear f[) ���near ft)
1 �46 23 269 246
3 59 136 195 59
4 10 10 20 10
5 216 IO 226 216
6 23 91 164 278 91
7 10 10 20 10
8 10 IO 20 10
9 IO 10 20 IO
7'OTAL 63 190 462 333 104R 652
�'Nothing Compares .- �
State of North Camlina I Environmental Quality
1617 Mail Scrvlce Center I Raleigh, North Carollna 2 7699-1 6 1 7
Total Stream Impact for Project: 1048 linear feet.
Stream Impacts Considered Improvements (mitigation waived in Merger): 317
Stream Impacts Requiring Miti�ataon: 3351inear feet
*Part of typical mitigation has been waived due to channel improvements proposed. The existing stream is
in terrible condition and bank stabilization, Rankin Lake bridge removal, sediment removal for culvert, et
al., will improve stream function and help prevent future degradation.
Wetland Impacts in the Catawba River Basin (riverine)
FYII �cavation Mechanized Hand Total �npacts
Site Fill (ac) (temporary) (ac) Clearing (ac) Clearing (ac) �'�'etland Requiring
(ac) Impact (ac) NTtigation (ac)
2 0.09 0.09 0.09
0.00 0.00
Total 0.09 0.00 0.00 0.00 0.00 0.09 0.09
Total Wetland Impact for Project: 0.09 acres.
The project shall be constructed in accordance with your application dated received December 12, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number3886. This certification corresponds to the General Permit 198200031 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
Compensatory mitigation for 335 linear feet of impact to warm streams and 0.09 acres of riverine wetland
impacts 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
December 5, 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.
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. All excavation and/or disposal of material from landfill areas should be handled per the regulations of
Division of Waste Management, Solid Waste Section, Pre-Regulatory Landfill Branch. [15A NCAC
02H.0506(b)(3)]
4. Stream bed material excavated from the stream. shall not be returned to any portion of the riparian area due
to potential of the exceedance of water quality standards. Stream bed material shall be excavated in the dry
for the same reason. Disposal of material from the area excavated area should be handled per the regulations
of Division of Waste Management, Solid Waste Section, Pre-Regulatory Landfill Branch. [15A NCAC 02B
.0201 and .0211]
5. Any exposure of landfill material in the riparian/streambank area should be brought to the attention of
regulatory agencies, Division of Water Resources and Division of Waste Management for assessment and
restoration requirements. [15A NCAC 02B .0201]
6. 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)]
7. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds. .[ 15A
NCAC 02H.0506(b)(2)]
8. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on
disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is
contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc.
Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees.
Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge
and entrap small animals. For the establishment of temporary groundcover within riparian areas,
hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-
free tank is allowable at the appropriate rate in conjunction with the erosion control measures.
Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank. .[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. 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)]
11. 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)]
12. 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)
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 prooeed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during conshuction, 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 fmal 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)�
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 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 cer.tification 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
o2x.oso2( fl�
19. 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)]
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 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.
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)]
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 tivough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. T'he original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petirion may be fa�ced-provided the original and one copy of the dceument is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
T'he 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
Depaztrnent of Environmental Quality
1601 Mail Service Center
This 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 Donna Hood at (704)682-2839 or donna.hood@ncdenr.gov.
Sincerely,
�� 1...-a--{1--�� �r
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
S[eve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division 10 Endvonmental Officer
Colin Mellor, NC Deparhnent of Transportation
Carla Dagnino, NC Departmert of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
Environ me�� 1 a I
QUQ�I iY
NCDWR Project No.:
Applicant:
Project Name:
Da[e of lssuance of 401 Water Quality Certification:
County:
ROY COOPER
covei�mrr
MICHAEL S. REGAN
,Yro�erm�r
S. JAY ZIMMERMAN
uh�r�va�
Certificate of Completian
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 remm this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, 27699-16I7. This form
may be re[urned to NCDWR by [he applicant, the applicanrs authorized a�ent, or [he project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certificntion
[, , 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 Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Certifrcalion
l, , 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:
Engineer's Certificafion
Partial Final
�, , 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 sta[e Ihat, to the best of my abilities, due care and diligence was used in the observa[ion of the
construction such that the construction was observed to be buil[ wi[hin substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
RegisVation No.
%'Nathin9 Compares = ..
State of North Carolina � Fnvironmenml Quaii�y
1 GI7 Mail Servict Center I Raleigh. North Carolina 2 7699-1 6 1 7