HomeMy WebLinkAbout20171250 Ver 2_Approval Letter_20180628' t,
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Environrrtental
Quality
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
hrl�v•im Uir��r[or
June 28, 2018
Union County
NCDWR Project No. 20171250v?
TIP/State Project No. P-5704
MODIFICATION OF APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL
CONDITIONS
Mr. James [3ridges, Jr., P.E., CAM
Rail Project Development Mana;er
Rail Division-Planning and Development Branch
North Carolina Department of Transportation
15�6 Mail Service Center
Raleigh, North Carolina, 27699-1556
Dear M►•. Bridges:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
construction the Stouts Siding Rail Extension (P-5704) in Union County. This is a modification to the original 401
issued to The North Carolina Departmeiit of Ti•ansportation (NCDOT) dated February 14, 2018.
Stream Impacts in the Yadkin-PeeDee River Basin
Permanent Fill Tempora�y Nill Permanent Fill Temporary F511 Stream Impacts
Total Stream
Site 1° �ntermittent in Litermittent in Perennial in Perennial Requiring
Im�xact
Stream Stream Stream Stream Mitigation
(linear ft)
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
S 3 ?5 28 46 14 113 0
S-� 58 10 68 0
S 5 26 10 36 0
0 0
TOTAL 25 28 130 34 2l7 p
1'otal Stream Impact for Project: 217 linear feet.
USACE Mitigation: 155 linear feet
DWR Mitigation: 0 linear feet
Wetland Impacts in the Yadkin-PeeDee River Basin
F� � � Total Impacts
Fxcavation Mechanized Hand
Site fill (ac) (temporary) Wetland Requiring
(ac) (ae) Clearing (ae) Clearing (ac) �mpact (ac) Mitigation (ac)
W l 0.09 f).09 QO9
W 3 0.07 0.07 0.07
W 4 0.03 0.03 0.03
0.00 0.00
Total 0.19 0.00 0.00 0.00 0.00 0.19 0.19
Total Wetland Impact for Project: 0.19 acres.
Statz of Nort�h Carolina ��nvironmental Qualiry
1617 Mail Service Center � Raleieh, North Carolina 27C,99-1617
The project shall be constructed in accordance with your application dated received Apri125, 2018. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certifcation Number(s)
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 Certi�cation 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 I50 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 Certi�cation:
Project Speci�c Conditions
l. 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 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)]
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 (inear 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 mad� to minimize impacts to the stream banks, as we11 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, inchiding the applicable
requirements of the NCGO 1000. Please note the eYtra protections for the sensitive watersheds.
6. Compensatory mitigation fo►� I55 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatary 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 April 16, 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 April 16, 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 appi•oved 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 culve�rts with a
diameter greater than 48 inches, and 20 percent of tl�e 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 sti•uctw•es including temporary erosion control measures shall not be conducted in a
manner that ti�ay 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 detennine whether or not a pe�mit modification will be required.
[i 5A NCAC 02H.0506(b)(2)]
2. If concr•ete 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. [i 5A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the strea�n above and below the crossing shall not be modified.
Disturbed floodplai»s 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
(�)(?)l
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures fi•om 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 watei•. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated fi•om 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 rnechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream watei•s from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other �naterials shall be dredged from the stream channel except where authorized by this
cet-tification. [15A NCAC 02H.0506(b)(3)]
1 1. Discharging hydroseed mixtures and washing out hydroseedet•s 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 (aws 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 i•eevaluate 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 pr•oject manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
I5. The outside buffer, wetland or water boimdary 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.
l7. 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 Developrnent 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.[ISA 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 [ISA 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 Sedir��ent ancl
Erosiot� Control Planning and Design Manuczl.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the rec�uirements specified in the most recent version of the
North Carolina Sedirnent and Erosio�r Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
boiTow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measm�es must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Caf•olina Surf'ace
Mining Manual.
d. The reclamation measu►•es 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 iile 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 Donna Hood at (704) 682-2839 or donna.hood@ncdenr.gov.
Sincerely, ,
�/� �U`'
Lin�a Culpeppe , Interim Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Har►non, Division of Mitigation Services
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
Environmental
QUQ�Iry
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certi�cation:
County:
ROY COOPER
Gor�rvror
MfCHAEL S. REGAN
S'c� crr�cn•i �
LINDA CULPEPPER
lntrrim 1)rrerror
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 ce��titicate to the 401 Transportation Pennitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. "T'his 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.
ApplicunYs Certrficntion
j, , 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 40 ( Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Ageirt's Cerlifrcntro�i
I , hereby state that, to the best of my abilities, due care and dili�ence
was used in the observation of tlle 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: Date:
Engineer's Cerliftcation
Partial Final
I, , as a duly registered Professional En�ineer in the State of Noi�th
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 dili�ence 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
Date
Re�istration No.
State of North Carolina � Environmental Quality
1617 Mail Service Cent�r � Raleieh. North Carolina 27699-16I7