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Home My WebLink About20180061 Ver 1_Approval Letter_20180122Environrnenlul QUD�fiy ROY COOPER a��,�„�„� MICHAEL S. REGAN 1r. r.-h„�� I.INDA CULPEPPER Gurru„ hurc�or- January 32, 2018 Guilford County NCDWR Project No.?OI800G1 Pipe d0 Replacement on SR 3093 WBS Elcment 17E3P.7.C.1? APPROVALofaUt WATCRQUALITY CERTIFICATION andJORDAN LAKE WATERSHED BUFFER AUTHORIZATION eith ADDITIONAL CONDITIONS Mc Mike Mills, P.E., Division Engineer NCDOT, Division 7 P.O. 13ox 14996 Greensboro, NC ?7415 Dear Mc Mills: You have our approval, in accordance with thc condilions lisred below, for the following impacts to replace two corrugated metal pipes with one corru;a[ed aluminum struc[ural pla[e pipe wi[h headwall over UT [o Bi_ Alamance Creek in Guilford Counn�: S[ream Im ac[s in the Ca e Fear River Basin Si[e Temporarv fill in Permanent Fill in Total Stream S[ream Impacts Perennial Stream Perennial Stream Impac[ RequirinQ Mi[igation Due [o Due [o Culvert and Qinear fQ (linear fq Dewa[erin� Bank Stabilization (lincar fq (lincar ft) I 0 �FO 40 0 Z 20 0 ?0 0 3 9 0 9 0 29 40 69 0 Total Zone i Si[e Impact (sq ft) BI I.T8 �otai Stream �mpact for Pro�ect 6v unear feet. Jordan Lake Watershed Ri arian 13uffcr Im ac[s Zonc I minus = Zone I Buffcr "Lonc 2 ��+inus Wetlands Buffcrs (not Mitigntion �mpacf WcUands in Zone I we�lands) Reyuired in Zone 2 (sq ft) (sq ft) (using 3:1 (s� f�� (sy ft) 0 1,738 0 0 0 0 1,738 0 0 0 Total Buffer Impact for Projec[: 1,738 syuare feet. - �Nothing Compares"- - Statz ol North Camhna I Em�ironmcntal QuaGts I nl7 Moil Sen ice Centcr I Rnluigh. Nonh Carohna'_7699-I GI7 = Zone 2 Zone 2 Buffer Buffcrs (not Miliga[ion wetlands) H�9uired (Sq �� (using L$:I ratio) 0 0 0 0 The project shall be constructed in accordance with your application dated and received January 11, 2018. 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 1. 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)] 2. Barrels shall be designed to mimic natural stream cross section as closely as possible including pipes or 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)] 3. For the 29 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. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [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. 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] 7. 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. 8. 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 I. 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 fnal 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. Heary 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. [I SA 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), 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(�] 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 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 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 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(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 Deparunent 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 April Norton at (919) 707-9111 or April.Norton�a ncdenr.eov. Sincerely, � f� L Lmda Culpepper, terim Director Division of Water Resources Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office lerry Parker, Division 7 Environmental Officer Nicole Thomson, Division 7 Environmental Assistant Travis Wilson, NC Wildlife Resources Commission April Norton, NCDWR, Central Office File Copy Environmenlu! QUa�ItY NCDWR Project No.: Applicant: Project Name: Da[e of Issuance of 401 Wa[er Quality Certification: County: ROY COOPER �;�,�� ,�„� MICHAEL S. REGAN �„�,��i�u�� LINDA CULPEPPER lnlcrun U�rrcYur Certifica[e of Completion Upon completion of all work approved w�ithin the d01 Water Quality Certihcation or applicable 6uffer Rules, and any subsequent modiflca�ions, the applicant is reyuired to rewrn this ccrtificare to ihe 401 Transportation Pemiitting Unit, Norih Carolina Division of Water Resources. 1617 Mail Service Centee Raleieh. NC, 27699-1617. This form mav be remmed to NCDW R by Hie applicant, the applicanYs authorized agent, or the project eneineer. It is not necessary ro send certiticates from all of these. -I pplicmrYs Certifrcnlinn 1, , hereby state that, ro the best of my abilities, due care and dili�,ence �e�as used in the observation of the construction such that the construction was observed �o be built wi[hin substan[ial compliance and inten[ of the 401 Water Qualin� Certificatiun and Buffer Rules, [he approved plans and specifications, and other supporting materials. Si�nature: Date: .4ge�t!'s Certificalion I. , hereby state that, to the best of m} abilities, due care and dili�ence was used in the observation of the construction such that tlie construction was observed to be built within substantial compliance and intent ofthe d01 Water Quality Certihcation and [3uffer Rules. �he approved plans and specifications, and o[her supportim� materials. Si�nature: Date: Engineer's Cerlifrcnlinie Partial Final I, , as a duly registered Professional Eneineer in the Sta[e of North Carolina, havin� been authorized to observc (periodically. wcekly, full time) the cons[ruction of [he project for the Permitlee hereby sta[e that, to [he best of my abili[ies, due care and diligence was uscd in Ihe observation of the construction such that the construction was observed to be built wi[hin substan[ial compliance and intznt of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin_ materials. Si�nawre Da[e _ Registration No. �'Nothing Compares -- _ Stu�a n("Nonh Camhna I Fnvrtnnmental Quahn� i n I7 Mail Sercice Center I Rale�gh. North Carol ina'_7n9�1-I n I �