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Home My WebLink About20170732 Ver 1_Approval Letter_20170713Environmentul Quality ROY COOPER a,�,��-��,r�„� MICHAEL S. REGAN ti.�,.a,�� S. JAY ZIMMERMAN v�,��•�,<,. July 13, 2017 (revisionJ Forsyth County NCD W R Project No. 2017073? US 421/I-40 Business TIP Project U-2827B; G5620A Federal Project NHF-0421(5) WBS 34872.3.4 APPROVAL of A01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris III NC Department of Transportation Emironmental Analyses Uni[ Head 1020 Birch Ridge Drive Raleigh, NC 27610 Dear Mr. Hartis: This is a revlsion of the a�rgina! Certificu�ion issued on JuIV ��. �0/7. Thrs rerisron removed language from Genera! Condi�ion 1�hat referred to culver! buriol reyuiremenrs. Calvert and pipe b:�riuls ore na required on this project as was discussed und cortcarred with betx�een partrcipunls during 46 Merger meetii�gs. An eleclronic cnny oJ �hrs pernrit m Division ojMirigatron Services was dele(ed as we!l. Surface wa�er impucls wcre below DW'R's mi(rgalion thresholds. You have our approval, in accordance with die conditions lis[ed below, for the following impacts to surface waters for the purpose of US 421(I-40 pavement reconstruction, bridge replacements, in[erchange modifica[ions, utility work, wideni�g of Pe[ers Creek Parkway and s[ormwater management in Forsyth Coun[y as described in your application: Stream Im acts in the Yadkin Pee Uee River Basin Temporary Fill in permanent Fill in Perennial Stream Stream Perennial Stream Qinear fq Total Stream Impacts Site linear ft Impact Requiring Dewater Ezcavation Culvert BNOk Relocation (��near R) Mitigation Stnbilization (linear ft) 1 - IU 21d - 224 2 - 10 50 33 93 3 - 10 - - 42 52 4 196 - - - - 196 Is 196 30 264 33 42 565 Total Stream Impact for Projech 565 + 51 (Utility impacts) = 616 linear feet Utilit � Im acts in the Yadkin Pee Dee River Basin Temporary Fill in Permanent Fill in Perennial Perennixl Stream Stream Total Stream Stream Impac[s Site linear ft linear ft Impact Requiring Mitigation Exeavation Sanitary Sewer (linear fry (linear ft) 1 10 20 30 - 2 - 21 ?I - Totals 10 41 51 1'otal Uhlity Impacts tor Yro�ecL• 51 Ifnear teet Stalz of Nonh Camhna I Env�mnmental Quahty 1617 Mail Szrvree Center I Ralzi@h. Nonh Carolina27fi99-1617 The project shall be constructed in accordance with your application dated June 13, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4088. This certification corresponds to 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 300 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 1. Culverts shall be designed to mimic natural stream cross section as closely as possible including 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)] 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 196 linear feet of 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 50 feet buffer requirement in Condition 20 of the above referenced General Water Quality Certification (Number 4088) will be waived per request of the permittee; however, measures shall be implemented to prevent contamination of surface waters by fuels and oils if equipment maintenance is conducted within 50 feet of surface waters. [15A NCAC 02H.0506] General Conditions 1. 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. 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 certifcation. [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 Certifcation 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 or flagging 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 Pertnittee shall report 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 associated borrow or waste sites), the NCDOT Division Engineer (or appointee) shall complete and return the enclosed "Certifcation of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl] 19. Native riparian vegetation must be reestablished in the riparian areas within the consdvction limiu of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0506(3)] 20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this pertnit without appropriate modification. Should waste or borrow sites, or access roads to waste or bortow sites, be Iceated in wetlands or streams, wmpensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(bx3) 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(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 Caro[ina Sediment and Erosion Condo! Plannrng 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 requiremenu specified in the most recent version of the North Carolina Sedrment and Erosron Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projecu, including contractor-owned or leased borrow piu associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, opemted, 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 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. [ISA NCAC 02H.0506(bx3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative heazing. You may obtain the petition fortn from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within si�cty (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. The original and one ( t) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faued-provided the original and one copy of the document is received by the OtFce 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 Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 4313100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Deparhnent 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 Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov. Sincerely, i / v ��f- S. J immerman, 'vector Division of Water Resources Electronic copy only distribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Amy Euliss, Environmental Officer, NCDOT Division 9 Colin Mellor, NC Department of Transportation Carla Dagnino, NC Department of Transportation Chris Militscher, US Environmental Protection Agency (Militscher.chris@epa.gov) Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy En viron na eri tn i Qua(rty NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Warer Quality Certification: Cuuntv: ROY COOPER (;n�rn,or MICHAEL S. REGAN s<< n«,�, S. JAY ZIMMERMAN nr��-��,,,� Certifica[e of Completion Upon completion of all work approved within Ihe 401 Water Quality Certification or applicable [3uffer Rules, and any subsequen[ modifica[ions, the applican[ is required to retum [his certitica[e to the 401 Transportation Permittin� Unit, North Carolina Division of Water Resources, 1617 Mail Service Center. Ralei�h, NC. 37699-1617. This form may be retumed to NCDW R by the applicant, the applicant's authorized agent, or the projea eneineer. It is not necessarv to send certificates from alI of these. 9pplrcmu's Cerliftculio�� 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 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: Agent'.s Cerlifrcalion I, , hereby s[ate 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 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� Engineer's Cer/ifrca�ion Panial Final I, . as a duly registered Professional Eneineer in the State of North Carolina, having been authorized to observe (periodicall}, weekly, full tiine) the construction ofthe project for the Perniittee hereby sta[e that, ro Ihe best of my abilities, due care and diligence was used in the observation of [he construction such [hat the consvuction was observed to be built within substantial compliance and intent of the 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Dace Regisvation No. State ol' North Carol ina I Em�ironinzmal Quaht� i 617 Mail Szn¢e Cen[zr I Raleigh, Nunh Camlina 27699-16I7 ..._�.—___��_ � - - �