HomeMy WebLinkAbout20171250 Ver 2_Application Attachments_20180426 (7)ROY COOPER
Gnren,or
MICHAEL S. REGAN
.tiriv�ran�r
Environrnental LINDA CULPEPPER
Gu��rini Uirr<mr
QUQ�fry
Febmary 14, 2018
Union County
NCDWR Project No. ?0171250v.1
TIP/State Project No. P-5704
APPROVAL of �01 WATF,R QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Janres Brid_es, Jc, P.E., CPM
Rail Project Developmen[ Manager
Rail Division-Plannin�� and Development Branch
North Carolina Department of Transportation
I556 Mail Service Center
Raleigh, North Carolina, 27699-I>56
Dear Mr. Bridges:
You have our approval, in accord�nce with the conditions listed below, for the following impacts for the purpose of
cons[ruction the S[outs Sidine Rail G�tension (P-5704) in Union County:
Site
S �
TOT
Strcam Imp:�cts in thc Yadkin-PeeDee River Basin
Permanent F511 Tempurary FII Permanent Fill Temporary FSII
in lotermittent in Intermittent in Perenni�l in Perennial
Stream Stream Stream Stream
(linear ft) Qinear ft) (linear ft) (linear ft)
65
�G
0 I 149
Total S[ream Stream Impacts
Impact Requiring
(linear ft) MitigaCion
(linear R)
�? 107 0
10 68 0
10 i6 0
0 0
62 2tl 0
Total Stream Impact for Project: 211 linear feet.
USACF Mitigation: Id8linear feet
DWR Mitigation: U lincar feet
Wetland Imoacts in the Yadkin-PeeDee River Basin
Fill �cavation Mechanized ��a���� To[al Impac[s
Site �ill (ac) (temporary) Wetland Requiring
(ac) (ac) Clearing (ac) Clearing (ac) �mpact(ac) Mitigation (ac)
W I O.Oq 0.09 0.09
W 3 QU7 0.07 0.07
W 4 U.03 0.03 0.03
400 0.00
Total 0.19 0.00 0.00 0.00 0.00 0.19 0.19
Total Wetland Impac[ for Project 0.19 acros.
State ol North Carulina I�.m'ironmental QualiN
1617 Mail S�in'ice Centzr I Ralcigh, Nonh Camlina'_7699-IbU
The project shall be constructed in accordance with your application dated received October 3, 2017 and additional
information requested on December 1, 2017 and subsequently received on December 19, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number(s)
4135, 4140, and 4141. This certification corresponds to the Nationwide Permit 14, Nationwide Permit 23, and
Nationwide Permit 33 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 150 linear 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. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation andlor 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)]�
2. 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)]
3. For the 62 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. 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)]
5. 'NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
6. Compensatory mitigation for 148 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 January 2, 2018 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
7. Compensatory mitigation for impacts to 0.38 riverine wetlands is required. We understand.that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division
of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the
mitigation for the project. DMS has indicated in a letter dated January 2, 2018 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010
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 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. [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 ripar'ian 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
(�)(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. [15ANCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consisten� 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 Rail Project Development Manager 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 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)]
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 Uvough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Administra[ive Hearings.
The petition may be faxed-provided the o�iginal 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) 431-300Q 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'vonmental Qualiry
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 ques[ions, please contact Donna Hood at (704) 682-2839 or donna.hood@ncdenr.gov.
S' cerely,
i '
U' �/�" � � ��� �
Linda Culpepper, Intcrim Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engiaeers, Asheville Field Office
Larry Thompson, Division 10 Env'uonmental Officer
Mazella Buncick, US Fish and Wildlife Service
Mazla Chambers, NC Wildlife Resources Commission
Beth Hazmon, Division of Mitigation Services
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
Environmentul
QUQ�Ii}�
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certifica[ion:
County, :
ROY COOPER
<;�>��e„���,�
MICHAEL S. REGAN
sro�rni, r
LINDA CULPEPPER
HN�i'im Dire<�ur'
Certificate of Completion
Upon completion ot all work approved within the 40I Water Qualiry Certitication or applicable Buffer Rules, and
any subszquent moditications, the applicant is required to return this certilicate to the 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center. Raleigh. NC. 27699-1617. This form
may be re[umed to NCDWR by the applicant. Ihe applicanYs authorized agent. or [he project engineer. II is not
necessarv ro send certificates from alI of these.
App!lcanl's Cerlificnliow
I, , hereby s[ate that, to the best of my abili[ies, due care and diligence
was used in the observation of the consvuction such that the construction was observed to be built within substan[ial
compliance and intent of the 401 Water Quality Cenitication and Buffer Rules. the approved plans and
specifica[ions, and other supporting materials.
Signa[ure: Date:
AgertYs Certification
I, , hereby state that, to the best of my abilities. due care and diligence
was used in the observ�[ion of the cons[ruction such that the construction was observed to be buil[ within subs[antial
compliance and intent of [he 401 Water Quality Certification and E3uffer Rules, the approved plans and
specifications, and other supportine materials.
Sionature:
Engineer's Certificutrott
Partial Final
T, , as a duly re�istered Professional Engineer in the Stare ofNorth
Carolina, having been authorized to observe (periodically, weekly. full time) the cons[ruc[ion of the project tbr Ihe
Permittee hereby state that, [o Ihe best of my abilities. due care and dili�ence was used in the observa[ion of the
construction such that the construction was observed to be built within substantial compliance and intent of [he 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supportin_ inaterials.
Signature
Date
Registration No. _
Sta�c o(North Carohna I tnvironmental Qualitv
1617 Mail Scn�ice Center I Ralcigh, Nunh Cawlina 27699-1617