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Home My WebLink About20170151 Ver 1_Approval Letter_20170217ROY COOPER Gurernnr MICHAEL S. REGAN s�-��,:�� Environmenla( S. JAY ZIMMERMAN QGQ�/ty U�retlnr February 17, 2017 Guilford County NCDWR Projec[ No. 20170151 Konica Drive Extension, Bridge 214 WBS Element No. 40153.1.1 Federal Project BRZ-3058(2) APPROVAL of �101 WATF.R QUALITY CERTIFICATION, JORDAN LAKE WATERSHED BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mc Mike Milis, PE NCDOT Division 7 Engineer P.O. Box 14996 Greensboro, NC 27415 Dear Mc Mills: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of extending Konica Drive including the removal of an existing bridge and other improvements as described in your application: Wetland Im acts in the i Fill F�� Excavation Site �a�� (temporary) �ac) ac � <n n i _ _ Fear River Basin Mechanized Clearing (ae) Hand Clearing Total Wetland (ac) Impact (ae) 0.04 0.05 Totals � <0.01 I - I - I - I 0.04 Total Wetland Impact for Project: 0.05 acres. Stream Im ac[s in the Ca e Fear River Basin Permanent Temparary Temporary Fill in Permanent Fill in Fill in Fill in Perennial Strexm Perennial Stream Intermittent Intermittent Site (linear k) (linear ft) Stream Stream Excavation I Culvert Extension 25 135 Total Stream Impaet for Project: 155 linear feet. - �'Nothing Campares =- � Slate o(North Carolina I Environmental Quality 1617 Mail Service Center � Raleigh. North Carolina 2 7699-1 61 7 Total Stream Stream Impac[s Impac[ Requiring Qinear Mifigation ft) Qinear ft) Jordan Lake Riparian Buffer Im Zone 1 minus = Zone 1 Buffer, minus = Zone 2 Zone 1 Wetlands Buffers (not Mitigation ° Zone 2 Wetlands Buffers (not Site Impact �n Zone 1 wetlands) Required Impact in Zone 2 wetlands) (sq ft) �sq ft) (sq ft) (using 3:1 �sq ft) �sq ft) (sq ft) ratio 1 9,252 123 9,129 27,387 6,527 675 5,852 Totals 9,252 123 9,129 27,387 6,527 675 5,852 Total Buffer Impact for Project: 14,981 square feet. Open Water (Lake Mackintosh) Impacts in the Cape Fear River Basin Site Permanent Fill in Open Waters (ac) � Total � - Total Open Water Impact for Project: 0.10 acres. Temporary Fill in Open Waters (ac) 0.10 0.10 Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 8,778 8,778 Total Fill in Open Waters (ac) 0.10 0.10 The project shall be constructed in accordance with your application dated received February 1, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for Jordan Lake Riparian Buffer Rules (15A NCAC 2B .0267). 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0267. 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 1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.0267] 2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 2B.0267] 3. Pursuant to 15A NCAC 2B.0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan Lake Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 4. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stormwater management may be subject the Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). NCDOT shall coordinate with the NCDWR prior to submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. This condition does not apply to major modifications for additional sections of the project that were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project. 5. As a condition of this 401 Water Quality Certification, bridge demolition 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)] 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)] Off-Site Buffer Mitigation Compensatory mitigation for impacts to 9,129 square feet of protected riparian buffers in Zone 1 and 5,852 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Jordan Lake Watershed Riparian Buffers shall be provided in the Cape Fear River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated January 18, 2017 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. 8. NCDOT shall be in compliance with NPDES Permit NCS000250 issued to NCDOT, including applicable requirements of NCGO10000. Please note the extra protections for sensitive watersheds. 9. 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 and/or open waters. [15A NCAC 02H.0506(b)(3) and (c)(3)] � 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 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 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 (c)(2)] 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 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)] 14. 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] 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), NCDOT (or appointee) 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. 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.0267(10)] 19. 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)] 20. 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(b)(3) and (c)(3]): a. The erosion and sediment wntrol measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolrna Sediment and Erosron 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 requiremenu specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construc[ion sites, borrow sites, and waste pile (spoil) projecu, 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 Caro/ina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamazion in accordance with the requ'vements of the Sedimentation Pollution Control Act. 21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [ISA NCAC 02H.0506(bx3) and (cx3)] If you wish to wntest 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 heazings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A pe[ition 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 Uvough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one Q) 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. T'he mailing address for the Office of Adminislrative 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 Depardnent of Env'vonmental 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 con[act Dave Wanucha at (336)796-9703 or Dave.Wanucha@ncdenr.gov. Sincerely, � ( / ./ o U� � L`�ti-� �v� d �ay Zimmerman, Direc[or Drv�swn of Wacer Resources Elecuonic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, NCDOT Division 7 Emironmental Officer Nicole Thomson, NCDOT Division 7 Environmental Assistant Beth Harmon, Division of Mitigation Services Travis Wilson, US Fish and Wildlife Service Gary Jordan, NC Wildlife Resources Commission File Copy Environmentnl QUQ�Iiy NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COunty: ROY COOPER r;arrrnor MICHAEL S. REGAN 12�rrrr�rrr S. JAY ZIMMERMAN t)rrrca,r 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 ro the 401 Transportation Permitting Unit. North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, �7699-1617. This form may be re[urned to NCDWR by the applicant, [he applicanYs au[horized a�ent, or [he projec[ engineec It is not necessary to send certificates from all of these. ApplicanYs Certificaliow 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 ofthe 40l Water Quality Certitica[ion and Buffer Rules, [he approved plans and specifications, and other supportin� materials. Signamre: Date: Agenl'.s Cerlificnlion 1, , hereby state that, to [he best of my abilities, due care and diligence was used in the observation of the construction such that [he cons[ruction was observed to be built within substantial compliance and intent of the 40I Water Quality Certification and Buffer Rules, the approved plans and specifications. and other supporting materials. Si�nature: Engineer's Cer[ificatron Partial Final I, , as a duly registered Professional Enoineer in [he S[ate 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 ro 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 Resistration No. �'Nothi�g Compares - , State of North Carolina I Emironmental QualiN 1617 Mail Service Cenier I Raltlgh, North Carolina 27699-1617