HomeMy WebLinkAbout20141132 Ver 2_Approval Letter_20171103Environmentu(
QualiCy
ROY COOPER
Goi•ernor
MICHAEL S. REGAN
Sr<v�r�on�
S. JAY ZIMMERMAN
i��,�l<«»�
November 3, 2017
Richmond County
NCD W R Project No.20141 13?v.2
US I Widening
TIP R-2501C
APPROVAL of d01 WATER QUALITY CERTIF[CATION with AllDITIONAL CONDIT[ONS
Mc Philip Harris, P.E.
Namral Environment Unit
1598 Mail Service Cen[er
Raleigh, NC 27699
Dear Mc Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of widening US 1 from I.2 miles north of Sr 1606 (Fos Road) to soudi of SR 1001 (Marston 2oad)
in Richmond County:
Site
Totals
Wetland lm acts in the Lumber Basin Ri arian
Fill F��� Ezcavation Mechanized Hand Clearing
(ac) (tem a�rary) �ac) Clearing (ac) (ac)
0.03 0 0 0.04 0
0.08 0 0 O. I O 0
0.11 0 0 0.14 0
Total Wetland Impact for Project: 0.25 acres.
To[al Wetland
Impact (ac)
0.07
0.18
0.25
The project shall be constructed in accordance with your application dated and received October 30, 2017.
After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 4088. This certification corresponds to Nationwide Permit 14 issued by the Corps of
Engineers. 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-0ischarge 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. Ifthe
proper[y is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complyine with all the conditions. Iftotal wetland fills for this pr�ject (now or in Ihe future)
e�ceed one acre, or of total impacts to streams (now or in the fumre) exceed 300 linear feet, compensatory
mitigation may be required as described in 17A 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
� Nothing Compareti -- �
State of North Camlina I Gnvironmental Quality
1617 Mail Senice Center I Raleigh, North Camlina 2 7699-1 61 7
conditions listed below.
Condition(s) of Certification
Project Specific Conditions:
1. Compensatory mitigation for impacts to 0.25 acres of non-riverine wetlands 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), and that DMS has agreed to
implement the mitigation for the project. The DMS has indicated in a letter dated September 23,
2014 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.
General Conditions:
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 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)]
7. Heavy equipment shall be operated from the banks rather than in the stream channel 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 always. 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 certific�tion does not exempt the Permittee from complying with 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 (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 governing
the proper design, installation and operation and maintenance of such Best Management Practices
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 wnstruction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
a 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.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A 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 hearing. You may obtain the petition fortn 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 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 Heazings.
The petition may be fa�ced-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxeA 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 Emironmental 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 April Norton at (919)707-9111 or ApriLNortonCa�ncdent. o�v.
incerety, _ ^
� 4�i
S. Jay immertnan, Director
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Collin Mellor, NCDOT-Natural Env'vonment Section
Art King, Division 8 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Beth Hazmon, Division of Mitigation Services
File Copy
En viron m cn tcr I
Quality
NCDWR Project No.:
Applicant:
Yroject Name:
Date of Issuance of 401 Water Quality Certification:
Countr•
ROY COOPER
Gucernw�
MICHAEL S. REGAN
sci�,-crm�r
S.1AY ZIMMERMAN
i��,��-���„�
Certificate oP 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 cerfificate to the 401
Transporta[ion Pennitting Unit, North Carolina Division of Water Resources, 16U Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDW R by the applicant, the applicant's
authorized agent, or the project engineer. It is not necess'ary to send certificates from all of these.
App/icanYs Cer(ification
1, , 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.
Signa[ure:
Agent's Certifrcnlinn
Da[e:
�, , hereby state thaY, to the best of my abilities, due care
and diligence was used in the observation ofthe construction such that the construction was observed to
be built within substanfial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certificntiw�
Partial
Final
Date:
1, , 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 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 40I Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Date
Registration
� Nothiny Compares .- -
�tate of North Carolina � Emironmental QuahN
1617 Mail Servire Cznter I Raleip,h, Nunh Carolina 2 7699-1 5 1 7