HomeMy WebLinkAbout20170151 Ver 2_Approval Letter_20171218En vironmen tu!
QUQI(tY
ROY COOPER
Lurrr'nur
MICHAEL S. REGAN
ti�•r,.•«�� �
LINDA CULPEPPER
lrrlerint Ub'eclar'
December 18. ?017
Guilford County
NCD W R Proj ect No. 20 U01 j I
Konica Drive Ex[ension, F3r 214
WBS Element No. 40153.1.I
�ederal Project BRZ-30�8(2)
APPROVAL of�01 WATFR QU.4LITY' CF.KTIFICATION and JORD.4N LAKE WATERSHED BUFFF,R
AUTHORIZATION eith ADDITION,4LCONDITIONS
Mr. Mike Mills. P.G., Division En,ineer
NCDOT, Division 7
P.O. Boa 14996
Greensboro, NC ?7415
Dear Mc Mills:
You have our approval, in accordance with the conditions listed below, for �he following impacts ro extend Konica
Drive including the removal of an etisting bridge and other improvements as described in your application�
S[ream Im acts in the Ca e Fear River Basin
Site Temporary Fill in Permanenl Fill in Total Stream Stream Impacts Requiring
Perennial Stream Uue to Perennial Stream Due Impacl Qinear f[) Mitigation Qinear f[)
Eicava[ion Qinear ft) to Culvert
To[al
Site
Fill
(ac)
<0.01
25
25
13i
135
iss
Total Siream Impacl for Projec[: I55 linear feet.
etland Im acts in the Ca e Fear River Basin Ri aria
Fill Excavation Hand Clcaring
(temporary) (ac) (ac)
ac)
0 0 0.04
0 0 0.04
Total Wetland ImpaM for ProjecL• 0.05 acres
�>"Nothing Compares ;. ,.
Spte of North Carohna I Environmental Quolity
IGI7 Mail Sen•ice Ctnter I Raleigh, Nnrth Carolina �7fi99-1617
0
To[al Wetland Impact
(ac)
0.05
Site
1
Totals
Site
Bridge
Total
Water
Imoacts in the Caae Fear River Basin
Permanent Fill in Open
Waters (ac)
Temporary Fill in Open
Waters (ac)
(Cofferdams)
0.10
0.10
Total Open Water Impact for Project: 0.10 acres.
Jordan Lake Watershed Ri
Zone 1
Zone 1 minus = Zone 1 Buffer
Impact �'�'etlands Buffers (not Mitigation
(sq ft) ►n Zone 1 wetlands) Required
(sq ft) (sq ft) (using 3:1
ratio
9,252 123 9,129 27,387
Buffer Imaacts
Total Fill in Open Waters
(ac)
0.10
0.10
minus = Zone 2 Zone 2 Buffer
Zone 2 Wetlands Buffers (not Mitigation
' Impact in Zone 2 wetlands) � Required
(sq ft) �sq ft) (sq ft) (using 1.5:1
ratio)
527
� 123 � 9,129 � 27,387 �;;? � 6,5;
Total Buffer Impact for Project: 14,981 square feet.
675
675
8,778
8.778
The project shall be constructed in accordance with your application dated and received December 13, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Jordan Lake Watershed 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 300 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
Compensatory mitigation for 9,129 square feet of protec,ted 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 streams through the North Carolina Division of Mitigation Service
(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.
2. The stream channel shall be excavated no deeper than the natural bed 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)] ,
3. 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.
4. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then.sunk. The barges shall not be sunk and then dragged into position. Under no circumstances
should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)]
5. 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]
6. 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 if Zone 1
is not compromised and that discharge is released as diffuse flow.
7. 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]. The NCDOT shall coordinate with the NCDWR prior to submitting
a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy.
General Conditions
1. 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 pereent 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 aGuatic 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. [ i 5A 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 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)]
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
certification. [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 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)]
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 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 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)]
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 "Certification 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 construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC 02B.0267(10)]
20. 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)]
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(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in acwrdance with the most recent version of the North Carolrna Sediment and Erosion
Contro! P[anrtrng and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion conhol measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosron Control ManuaL The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contracror-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 Carolrna Surface Mrning
Manual.
d. The reclamation measures and implementation must comply with Ihe 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. [ I SA 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 form from the oflice 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 nortnal office hours. 7'he Oflice of Adminisdative
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 Adminishative 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:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes [he review of the Division of Wa[er Resources under Sec[ion 401 of [he Clean Wa[er Act. If you
have any questions, please contaM April Norton at (919) 707-9111 or A�ril.Norton(r� c1� denr.�ov.
Sincerely,
�,�� �� ��
Lin Culpepper, In erim Director
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thomson, Division 7 Env'vonmental Assistant
Ttavis Wilson, NC Wildlife Resources Commission
April Norton, NCDWR, Central Office
File Copy
Envrronmentu(
QUQi7tj�
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 101 Water Qualih Certification: __ _
County:
ROY COOPER
G„rrrnor
MICHAGL S. REGAN
Sr� �rn„ i
LINDA CULPEPPER
!n[rrrnr Airrclur
Certificale of Completion
Upon completion of all work approved within Ihe �01 Wa�er Quali[y Certifica[ion or applicable Buffer Rules, and any
subsequent modifications, [he applicant is required to return �his eertificate [o 1he401 Transportation Perminin� Unit,
North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�,h, NC, 27699-1617. This form may
be retumed to NCDWR by Ihe applican[, the applicanYs authorized agent, or the projec[ engineer. I[ is no[ necessaq-
to send certificates from all of these.
.4pplican�'s Cerlificalioi�
I, , hereby state that, ro 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 wi[hin substantial
compliance and in[ent of [he 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specifica[ions,
and other supporting materials.
Signature: Da[e:
Agei:t's Cerlifrcatio�r
I, , hereby state Ihat, [o the bes[ of my abilities, due care and diligence
was used in the observation of the cons[ruclion such [hat die construc[ion was observed to be built within subs[antial
compliance and intent of the 401 Water Quality Certitica�ion and Buffir Rules, the approved plans and specifica[ions,
and other supporting marerials.
Si�nature: Date:
Engineer's Cerlifreatioii
Partial Final
I, , as a duly regis[ered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for [he
Permittee hereby state ihat, to the bes[ of my abilities, due care and dili�ence was used in the observa�ion of [he
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 ma[erials.
Siena[ure
Date
Reeistration No.
��"Nothing Compares r,.
$tatc ol Nurth Carolinu I f-.m'rtonmemal Qualiq'
lal7 Mail San�icc Cznter I Raleigh. Nonh C�rolinn'_16H9-1617