HomeMy WebLinkAbout20161157 Ver 1_Approval Letter_20170210Environmen fa/
Quality
Mc Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Emironmental Analysis
North Carolina Departmen[ of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
ROY COOPER
Gorerrto,�
MICHAEL S. REGAN
Srcrcrai'i�
S. JAY ZIMMERMAN
n�.�-��«�,�
February 10, 2017
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to I-26 Interchan�e Improvemen[s at NC 191
in Buncombe County, TIP L5504.
NCDWR Project No. I6-I 157
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. WQC004080 issued to The North Carolina Department of
Transpona[ion (NCDOT) dated February 10, 2017.
lf we can be of further assistance, do not hesitate to contact us.
Sincerely,�/ I 'V
�� >
S. J Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy onty distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 14 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Marla Chambers, NC Wildlife Resources Commission
Be[h Harmon, Division of Mitiga[ion Services
File Copy
--''^Nothi�g Compares"�.�
Stace of North Carolina I Environmental Qualiry
1617 Mail Service Cenrer I Raleieh. North Carolina 27699-I fil7
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 0.02 acres of jurisdictional wetlands,
1,8981inear feet of jurisdictional streams and 0.03 acres of open waters in Buncombe County. The project shall be
constructed pursuant to the application dated November 21, 2016. The authorized impacts are as described below:
Stream Im acts in the French Broad River Basin
Site Permanent Fill in Permanent Temporary Total Stream Stream
Intermittent Stream Fill in Fill in Impact Impacts
(linear ft) Perennial Perennial (linear ft) Requiring
Stream Stream (linear Mitigation
(linear ft) ft) (linear ft)
1a 38 20 58 58
1b 40 40 17
1d 31 31
2a 31 48 79 79
2b 169 169 169
2b 103 103 103
2c 817 817 817
2c 71 71
3a 33 33
3a 274 274 274
3b 223 223 223
374 1,456 68 1,898 1,740
Total
1'otal �tream lmpact tor rro�ect: i,uyts �mear teet
Wetland Im acts in the French Broad River Basin
Site Fill Total
(ac) Wetland
Impact (ac)
1 a <0.01 <0.01
2a <0.01 <0.01
2b <0.01 <0.01
2c � <0.01 <0.01
0.02 0.02
Total
Total Wetland Impact for Project: 0.02 acres.
1b
1c
O en Water Im acts in the French Broad River Basin
Site Permanent Fill in Open Total Fill in Open Waters (ac)
Waters (ac)
Total
0.03 I 0.03
Total Open Water Impact for Project: 0.03 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the French Broad
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 November 21,
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:
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 down stream 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)]
1. 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]
2. 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)]
3. 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)]
4. 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)]
5. 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)]
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version ofNCDOT 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)] �
7. 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)]
8. 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)]
9. 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)] �
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
12. 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)]
13. A copy of this Water Quality Certiiication 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
(�)(2)l
14. 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]
15. 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.
16. 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)]
17. 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( fl]
18. 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)
19. 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):
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.
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.
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.
The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
20. '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) �
21. 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)
22. 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 fmal construction
drawings comply with the permit drawings contained in the application dated November 21, 2016. Any
deviations from the approved drawings are not authorized unless approved by the NC Division of Water
Resources.
23. 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)
24. Culverts'
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)]
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)]
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)]
Stream channels shall be excavated no deeper than the natural bed material of the stream, to the ma.ximum
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)]
25. Off-Site Stream Mitigation
Compensatory mitigation for 1,802 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 October 20, 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.
26. Off-Site Wetland Mitigation
Compensatory mitigation for impacts to 0.04 acres of riverine wetlands is required. 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 October 20, 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.
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 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 [he l Oth day of February, 2016
DIVISION OF WATER RESOURCES
c�--�- -��:
�immerman, Director
WQC No. 004080
Environmental
QualiCy
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
�;,�� � �,,,�,�
MICHAEL S. REGAN
S�•�r���m,�
S. JAY ZIMMERMAN
nr��<-����„�
Certificate of Completion
Upon comple[ion of all work approved within [he 401 Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required ro return this certificate to Ihe 401 Transportation Permitting
Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanYs Cerlification
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 consVuction 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 marerials.
Signature: Date:
Agent's Certifrcalion
I, , hereby state that, ro 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 Warer Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certificalion
Partial Final
1, , as a duly registered Professional En�ineer 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
cons[ruction such [ha[ the construction was observed to be built within subs[an[ial compliance and in[en[ of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
�^Nothing Compares � �
$tare of Nonh Carolina I Envtronmen[al Quality
Ibl I Mail Service Center I Raleigh, North Carolina 27699-161 I
V I y-70Y90110
Date