HomeMy WebLinkAbout20171491 Ver 1_Approval Letter_20180119Environmental
Quality
ROY COOPER
Gorei nor
MICHAEL S. REGAN
Secrrrur��
LINDA CULPEPPER
L�tc�rim Drrector
Januaiy 19, 2018
Gaston County
NCDWR Project No. 20171491 v
NC 279 widening
State Project No. W-5212N
APPROVAL of 401 WATER QUALiTY CERTIFICATION, with ADDITiONAL CONDITIONS
Mr. Mark Stafford, P.E., Division Engineer
NCDOT. Division 12
P.O. Box 47
Sl�elby, Nortl� Carolina, 28151
Dear Mr. Stafford:
You have our approval, in accordance wifll the conditioils listed below, far the following impacts for the purpose of
widening Highway 279 Uetween SR 1438 (St. Marks Church Road) and north of NC 275 in Gaston County:
Stream impacts in the Cat�wba River Basin
Bauk Permanent Fill Temporary Fill Permanent F'ill Temporary Fill
Stream
stabilization/ in Intermittent in Intermittent in Perennial in Perennial
Total Stream impacts
Site flood plain Stream (linear Stream (linear Stream Stream Impact Requiring
benches ft) ft) (linear ft) (linear ft) (linear ft) Mitigation
linear ft
1(Little'beaver Dam 46 26 45 71 26
Creek)
1(UT to Little Beaver 15 22 37 22
Dam creek)
2(Litt�le Lon� Creek) 51 24 29 104 24
4(UT to Little Long 10 22 1] 43 0
Crccic)
TOTAL l22 22 11 50 96 255 Threshold
not met
Total Stream Impact for Project: 255 linear feet
No mitigation required
StaYc of North Carolina � Enviroiui�ental Quality
1617 Mail Scivice Ccntcr I Ralcigh, No�Yh Carolina 27(99-1617
Wetland Impacts in the Catawba River Basin
Fill Total Impacts
Excavation Mechanized Hand
Site Fill (ac) (temporary) Wetland Requiring
(ac) Clearing (ac) Clearing (ac)
(ac) Impact (ac) Mitigation (ac)
3 0.01 0.04 0.05 0.05
4 0.01 0.01 0.02 0.02
0.00 0.00
0.00 0.00
Total 0.02 0.00 0.00 0.05 0.00 0.07 0.07
Total Wetland Impact for Project: 0.07 acres.
The project shall be constructed in accordance with your application dated received November 20, 2417. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the Nationwide Permit 14 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 1501inear 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. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)
2. All rock used for stabilization of the stream bed and bank shall be properly embedded. [ 15A NCAC
02H.0506(b)(2)]
3. A waiver has been granted to allow for non-burial of culvert extensions, however; stream stability shall not be
negatively impacted from the non-burial of the culvert extensions. Additional measures may be required to
ensure stream stability and conditions will be monitored as the project progresses. [ 15A NCAC
02H.0506(b)(2)]
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.
[15ANCAC 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 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. [15ANCAC 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
(�)(�)l
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 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 (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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.0231(b)(6)]
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 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 construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned ar 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 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) 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 office 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 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 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 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. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mai1 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 Donna Hood at (704)682-2839 or donna.hood@ncdenr.gov.
Sincerely,
,�dj?�I'�,�C� �dd�
2
Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division 12 Environmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
s`' a
.� .;-
Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Go,�ernor
MICHAEL S. REGAN
Secrc-r�u���
LINDA CULPEPPER
Interirn Drrcctnr
Certificate of Completion
Upou completion of all worlc approved within the 401 Water Quality Certification or applicable B�iffer Rules, and
ai�y subseqLlent inodifications, the applicant is reqliired to return fllis certificate to the 401 Transportation Perinittiug
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by tl�e applicant, the applicant's autharized agent, or the project engineer. It is not
necessaiy to send certificates from all of these.
Applicant's Certificatioi�
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 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 inaterials.
Signature: Date:
Agent's Cei�tifrcatiori
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the obse�vation of the consh-uction such tl�at the consmiction was observed to be built witl�in substailtial
compliance and intei�t of the 401 Water Qualiry Certification and Buffer Rules, the a�proved plans and
specificarions, and other supporting materials.
Signature: Date:
Eiigrneer's Certificatio�z
Partial Final
I, , 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 conshliction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plar�s and specifications, and other supporting materials.
Signature
Date
Registration No.
State ofNordi Caroli��a I EnviromnenTal Quality
1 C17 Mail Service Center I Ralcigh, North Carolina 27699-1617