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Home My WebLink About20180007 Ver 1_Approval Letter_20180125� ROY COOPER Guver'nor MICHAEL S. REGAN seererm r Environmental LINDA CULPEPPER QUQ�I ij� lrirerim Uirecmr Jam�ary 25. 2018 RowanCounry NCDWR Project No.20180007 New Interchanae I-85 and SR 1221 TIP Project I-3804 Pederal Aid Prqject NHIMP-085-2(61)SS APPROVAL of �Ul WATER QUALITY CERTIFICATION with ADUITIONAL CONDITIONS Ms. Amy Euliss NCDOT Division 9 Environmental Officer 37> Silas Creek Parkway W insron Salem, NC 27127 Dear Ms. Euliss: You have our approval, in accordance wi[h the conditions listed below, for the followin� impac[s related to constructing a new interchanee at I-8� and SR 1221 (Old Bcatty Ford Road Relocation) in Rowan County. Stream Im acts in the Yadkin Pee Dee River Basin Permanent Fill in Perennial Stream Temporary Eill in Perennial Stream Stream Impacts (linear ft) (lioear ft) Requiring Site Mi[igation Fill Bank Stabilization Sta6ilization Fill (linear ft) � - 10 10 - - � - 43 40 - - 3 303 - - 20 303 4 56 - - 10 - j - 20 10 - - Totals 359 73 60 30 303 � otai �tream �mpac[ ror rro�ecr. �� unrar �eei. The project shall be construcred in accordance with your application datcd received December 20, 20U. After reviewing your application, we have decided that these impacts are covered by General Warer Quality Certification Number 4135 (effeciive da[e December I, 2017). 'ihis certifica[ion wrresponds to the 404 General Permit 198200031 issued by the Corps of F:neineers. In addition, you should acquire any other federal, state or local pertnits before you proceed with your project including (6ut not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed reeulations. This approval will e�pire wi[h the accompanying 404 permi[. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you inust notify the NCDW ft and submit a new application. If the property is sold, the new owner must be given a copy of this Cenification and approval letter, and is thereby responsible for complyin�; with all the conditions. If total wedand fills for this project (now or in the fumre) exceed one acre, or of total impacts to streams (now or in the fuwre) exceed 300 linear feet, compensatory mitigation may be required as described in I�A NCAC �H .0506 (h) (6) and (7). For [his approval to remain valid, you mus[ adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Statz of North Carolinz I�nvironmental Qualiq� 1617 Mall Sen4ce Cantcr I Ralalgh, North Corolina >.7699-1617 Condition(s) of Certification: Project Speci�c Conditions 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. However, we understand that the culvert extension at Permit Site 4 cannot be buried, and therefore will allow it. 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 down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a pernut modification will be required. [15A NCAC 02H.0506(b)(2)] 2. Culvert 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 02�H.0506(b)(2)] 3. 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)] 4. For any segments 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)] 5. 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)] 6. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250 please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 7. 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(�] 8. Off-Site Stream Mitigation. Compensatory mitigation for 303 linear feet of impact to streams 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) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated December 14, 2017 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, pattem 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(bx2)] 5. The Pertnittee 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 (bx2) and (c)(2)] 6. All work in or adjacent to stream waters shall be conducted in a dry work azea. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion struchves shall be used to prevent excavation in flowing watec [ 15A NCAC 02H.0506(b)(3) and (c)(3)] 7. 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)] 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(bx3)] 10. Dischazging 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 wnduct 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 aze not being met (including the failure to sustain a designated or achieved use) or that State or fedeml law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this ceRification. [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 ofthis Water Quality Certification shall be maintained on the consWction site at all times. In addition, the Water Quality Certification and aII subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (c)(2)] 14. The ouuide buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be cleazly mazked by highly visible fencing/flagging prior to any land disturbing activities. Impacts to azeas within the fencing/flagging aze prohibited unless otherwise authorized by this cer[ification. [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 govemment 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. [ I SA NCAC 02B.0506(b)(2)] 17. Native riparian vegetation must be reestablished in the riparian azeas within the construction limits of the project by the end of the growing season following completion of constrvction. [ 15A NCAC 02H.506(b)(3)] 18. 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)] 19. 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 standazds [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 [he North Caro/rna Sediment and Erosion Control P[anning and Desigrr Manual. b. The design, installation, operation, and maintenance of the sediment and erosion wntrol measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sedrment and Erosron Condol Manua[. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractorvowned or leased borrow piu 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 Svrface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [15A NCAC 02H.0506(bx3) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. Yau 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 ttvough 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 fa7ced-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days fallowing 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 Env'vo�vnental Quality 1601 Mail Service Center This letter comple[es 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@ncdencgov. Sincerely, v, Li d Culpepper, I erim Director Division of Water Resources Electronic copy only distribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Mazella Buncick, US Fish and Wildlife Service Mazla Chambers, NC Wildlife Resources Commission File Copy Envrralmentczl Qualiry NCDWR Project No.: Applicanr. Project Name: Da[e of Issuance of 401 Wa[er Qualih� Certifica[ion: county: ROY COOPER Gurrnu,r MICHAEL S. REGAN lra�rrai�r LINDA CULPEPPER lrueriiu Direclor Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, [he applican[ is required to return this certifica[e [o the 401 Transportation Permitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleieh. NC, 27699-1617. This form may be returned to NCDWR by [he applican[, the applicant's au[horized agent, or [he project engineec It is not necessary to send certificates from all of these. ApplrcnN's Cerlification 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 40I Water Qualiry Certification and ButTer Rules, the approved plans and specifications, and other supportine materials. Si�nature: Date: Agen('s Cer(ifrcalion 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 wi[hin substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportine materials. Signa[ure: Engineer's Cer(iftcutinii Partial Final (, , as a duly registered Professional En:;ineer in the State of North Carolina, having been au[horized [o observe (periodically, weekly, full [ime) [he construction of the projec[ for [he Permiriee 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, ihe approved plans and specifications, and other supporting materials. Signature Date Registra[ion No. S�ate ol'North Carolina I F.nvvonmental Qualit} IbI7 Mail Scrvice Center I Rale�gh. Nurth Carolina 276'�-1617