HomeMy WebLinkAbout20171356 Ver 1_401 Water Quality Certification_20180404;'';,
Environmental
Quality
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NQU 0 � 2017
Per
ROY COOPER
Gove��nor
MICHAEL S. REGAN
Secretaiy
S. JAY ZIMMERMAN
Director
October 30, 2017
Guilford County
NCDWR Project No. 20171356
GTCC Roadway Extension
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mitch Johnson
601 E. Main Street
Jamestown, NC, 27282
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for culvert
installation designed for a roadway extension in Guilford County:
Stream Im acts in the Ca e Fear River Basin
Site Permanent Rip Rap Permanent Culvert Temporary Fill in Total Stream
in Perennial Stream in Perennial Perennial Stream Impact
(linear ft) Stream (linear ft) (linear ft) (linear ft)_
S1
S2
S3
Totals
16
75
�
�
14
30 75 13
Total Stream Impact for Project: 118 linear feet.
Wetland Im acts in the Ca e Fear River Basin i
Fill Fill Excavation Hand Clearing
Site (Rip Rap) (temporary) �ac) (ac)
.,.... �..,..
W 1 0.002
W2 0.113
W3 0.002
Totals 0.117
0 0 0.016
0 0 0.021
0 0 0
0 0 0.037
Total Wetland Impact for Project: 0.154 acres
20
84
14
118
Total Wetland Impact
(ac)
0.018
0.134
0.002
0.154
The project shall be constructed in accordance with your application dated October 19, 2017 and received October 24,
2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 4088. This certification corresponds to the 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) Local Riparian Buffer Authorization, 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. Should your project change,
copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total
State of North Carolina � Enviromnental Quality
1617 Mail Service Center � Raleigh, North Carolina 27699-1617
' 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 3001inear 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 .0233. 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
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 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 if a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. The proposed project must comply with the Jamestown Stormwater Management Program for Lands within the
Randleman Lake watershed approved by the N.C. Environmental Management Commission (EMC) under the
Randleman Lake Water Supply: Nutrient Sensitive Waters Management Strategy: Delegation of Authority for
the Protection and Maintenance of Existing Riparian Buffers. [ 15A NCAC 02B .0250]
3. 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)]
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
if a permit modification will be required. [15A NCAC 02H.0506(b)(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.
[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. [15A NCAC 02H.0506(b)(2)]
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)]
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
nassa�e. f 15A NCAC 02H.0506(b)(2)1
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)]
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 to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
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 mixtw•es 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 requu•ements, 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 applicant
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.0233(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 in wetlands or streams, compensatory mitigation will be required since that is a direct impact
from road construction
�° 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 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.
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)]
23. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 02B.0233]
24. 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 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.
25. Pursuant to 15A NCAC 2B. 0233, sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse 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.
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 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(�ncdenr. o�v.
Sincerely,
� 'C \-;�J
S. Jay Zimmerman, Di ctor
Division of Water Resources
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
James Hales, ECS Southeast, LLP (jhalesnae,ecslimited.com)
W. Brandon Fulton, ECS Southeast, LLP (bfulton�u,ecslimiied.com)
April Norton, NC Division of Water Resources, Central Office
File Copy
Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certi�cation:
County:
ROY COOPER
Governa•
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Certi�cate of 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 certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certific�ction
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 materials.
S ignature: Date:
Agent's Certification
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 materials.
Signature:
Engi�zeer's Certifr.catio�l
Partial
Final
Date:
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 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.
Signature Registration No.
Date
State ofNorth Carolina � Environmental Quality
1617 Mail Service Center � Raleigh, North Carolina 27699-1617