HomeMy WebLinkAbout20170151 Ver 1_Approval Letter_20170217ROY COOPER
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MICHAEL S. REGAN
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Environmenla( S. JAY ZIMMERMAN
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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