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Home My WebLink About20180874 Ver 1_Approval Letter_20180905NOR1H C.9RULINA ROY COOPER Envtronmenrol Qrealfry Gurrmd MICHAEL S. REGAN $M�fINY LINDA CULPEPPER lnrerim Dvecror September 5, 2018 Mecklenburg Coonry NCDWR Project No.20I80874v.1 US 21 and SR 2136 (Gilead Road) Inrersec[ion Improvements STIP- U-51 14 APPROVAL of 401 WATER QUALITY CCRTIFICATION, wi[h AUDITIONAL CONDITIONS Mc Scott Cole, PE, Division Engineer NCDOT, Division 10 716 West Main Street Albemarle, NC 2800I Dear Mr. Cole: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of intersec[ion improvements a[ US 21 and SR 2136 (Gilead Road) in Mecklenburg County. Addi[ionally, this project has a known area of coal as'h fill on parcel 01744105 alon� Highway 21. This area is subject to [he Coal Ash Management Act, North Carolina General Statue 130A-309.21 I. Ground disturbance of this property is su6ject to the Act. S[ream Impac[s in the Ca�awba River Basin Permanent FII Tem�nrary FII Per�nanen[ FII Tem�rary FII Total Stream Stream Im�racts y.�� in Intermittent in Intermittent in Perennial in Perennial �m c[ Requiring Stream Stream S[ream Stream � Mitigation (linear R) (linear fr) (linear tY) (linear ft) (linear k) (linear ft) 1 189 189 0 0 0 0 0 0 0 TOTAL U 0 189 0 189 0 Total Stream Impact for Project i89 linear feet. USACE Mi[igation required: 189 Iinear feet NC UWR Mi[igation required: O linear fee[ ,..�..._ �� Q�d North Carolina Department of Environmental Quality I Division of Wa[er Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699d617 919.707.900Q Wetland Impac[s in the Cata«�ba Ri��er 13Asin (rivcrine) Fi I I 'I'otal Impacts F_�ca�ation �7echanized Ilnnd Site Fill (ac) (temppraryl Wetland Requiring (ac) (ac) Clearing (ac) Clearing (ac) �mpract (ac) Mitigafion (ac) WeUand R 0.01 0.01 0.01 0.03 0.01 o.�x� o.ai o.�w o.u�� n.uu o.�xi rorai o.oi o.00 o.oi o.00 o.oi o.oa o.oi Total Wetland Impact (or Project: 0.03 acres USACE Mitigation Requirement: 0.01 acres The project shall be constructed in accordance with your application dated received June 22, ?018. After reviewin� your application, we have decided tha[ these impacts are covered by General Water Quality Certification Number � 4135. This certification corresponds to the Nationwide Pem�it 14 issued by the Corps of Engineers. In addi[ion. you should acquire am� other federaL state or local pennits befure you proceed wi[h your projec[ including (bu[ not Iimited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed re,ulations. This approval will espire with the accompanyin� 404 permit. This approval is valid solely for [he purpose and desien described in your application (unless modified belo�a�). Should your project chan,e, you must no[ify the NCD W R and submit a new application. If the properly is sold, the new owner must be ;iven a copy of [his CertiScation and approval letter, and is thereby respunsible for comply in� with all the conditions. If ro[al wetland lills for this project (no�n� or in the future) exceed one acre. or of total impacts [o streams (now or in the fuwrc) exceed I50 linear feet, compensatorv miti:a[ion may be required as described in 15A NCAC 21-I .0506 (h) (6) and (7). For this approval to remain valid, �rou mus[ adhere to die conditions listed in the attached certification(s) and am additional conditions listcd below. Condition(s) of Certifica[ion: Project Specific Conditions 1. -�his project has a known coal ash fill area. Additional requirements will be needed to ensure compliance with the Coal Ash Manaeement Act of North Carolina. Please see the enclosed at[achmen[ for additional requirements. 2. The NCDOT Division Environmental Officer or Fnvironmental ,4ssistant will conduct a pre-construction meetine with all appropriate s[atito ensure tha[ the project supervisor and essen[ial staFf unders[and the potential issues wi[h stream and pipe alignment at the permitted site. NCDWR staff shall be invi[ed to the pre-construction mee[ing. [I �A NCAC 02H.0506(b)(2) and (b)(3 ) 3. The stream channel shall be excavated no deeper than the namral bed matcrial of the stream, to the ma�imum e�tent practicable. Efforts must be made ro minimize impacts to the stream banks, as well as ro vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be iemporary and be reve,eta�ed with native riparian species. [ ISA NCAC 02H.0506(b)(2)] 4. Compensa[ory miti�ation for 189 linear feet of� impac[ ro streams is required. We understand that you have chosen to perform compensatory miti�ation fiir impacts to streams [hroueh [he North Carolina Division of ��.�,...� Q�r North Carolina Department of Environmental Qualrty Division of Water Resources 512 North Salisbury SVeet I 1617 Mail Service Center Raleigh. North Carolina 27699-1617 919707 9000 Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed ro implement the mitiga[ion for the projec[. The DMS has indicated in a letter dated Au,ust 10, 2018 that they will assume responsibility for satisf}'ing the federal Clean Water Act compensatory mitigation requirements for [he above-referenced project, in accordance wi[h the UMS Mi[iga[ion Banking Instrument signed July 28, 2010. 5. Compensarory mitigation for impacts to 0.01 riverine wetlands is required. We understand that you have chosen to perform compensarory miti�ation for impacts [o wetlands through the North Carolina Division of Mi�i�ation Services (DMS) (formerly NCEEP), and [ha[ the DMS has agreed to implement the mi[igation for the project. DMS has indicated in a letter da[ed August 10, 2018 that they will assume responsibility for satisfyine the federal Clean Water Act compensatory mitigation requirements for the above-referenced projec4 in accordance with DMS's Mitigation Bankine Instrument signed July 28. 2010. General Condi[ions Unless otherwise approved in this certification, placement of culverts and other shuctures 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 of less than 48 inches, to allow low flow passa,e 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 thal may result in dis-equilibrium of wedands or streambeds or banks, adjacent to or upstream and downsveam of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if reques[ed in writing by NCDWR. If this condition is unable to be met due ro bedrock or other limitin, features encountered during cons[ruc[ion, please con[ac[ NCDWR for guidance on how to proceed and to de[ermine whe[her or no[ a permit modification will be required. [I SA NCAC 02H.0506(b)(2)] Z. If concrete is used during construction, a dry work area shall be maintained to prevent direct contac[ between wring concrete and stream water. Water tha[ inadvertenUy contac[s uncured concrete shall not be dischar�ed to surface wa[ers due to [he po[en[ial for elevated pH and possible aquatic life and fish kills. [ I>A NCAC 026.0200] 3. During [he construction of the project, no stagine of equipmen[ of any kind is permitted in wa[ers of the U.S., or pro[ected riparian buffers. [ISA NCAC 02H.0506(b)(2)] 4. 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 �eomorphic conditions. [ I SA NCAC 02H.0506(b)(2)J 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. [ISA NCAC 02H.0506(b)(2)] 6. The Permittee shall ensure tha[ [he final design drawings adhere to the permit and to [he permi[ drawings submitted for approvaL [ 15A NCAC 02H .0507(c) and I SA 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 from the most current version ot NCDOT Construc[ion and Maintenance Activities manual wch as sandbags, rock berms, cofferdams and other diversion structures shall be used [o prevent excavation in flowing watec [ISA NCAC 02H_0506(b)(3) and (c)(3)] North Carolina Department of Environmental Qual�ry I Drvision of Water Resources 512 North Salisbury Street � 1617 Mail Service Cen[er Raleigh, North Carolina 27699-1617 919707.9000 8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce [he introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface waters must be re�ularly inspected and maintained to prevent contamination of stream warers from fuels, lubricants.. hydraulic fluids, or other toxic materials. [ISA NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from Ihe stream channel except where authorized by this certification. [ISA NCAC 02H.0506(b)(3)] I I. Dischareing hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [I SA NCAC 02H.0506(b)(3)] I?. The permittee and its authorized a_ents shall conduct its activities in a manner consistent with State water quality s[andards lincludin, any requirements resul[ine from compliance wi[h $303(d) of[he Clean Wa[er Act) and any other appropriate requirements of State and Pederal law. If [he NCDWR determines that such standards or laws are not beine met (indudine the failure ro sustain a desienated or achieved usz) or that State or federal law is beine violated, or that further conditions are necessary ro assure compliance. the NCDN%R may reevaluate and modify this certificatioa [ I SA NCAC 026.0200] 13. All till slopes located in jurisdictional wetlands shall be placed a[ slopes no Fla[ter than 3:1, unless othenvise authorized by this certification. [I �A NCAC 02H.050G(b)(2)] 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addi[ion. [he Water Quality Certitica[ion and all subsequent moditications, ifany, shall be maintained with the Division Engineer and [he on-site project mana,ec [ I SA NCAC 02H .0�07(c) and 15A NCAC 02H 0506 (b)(2) and (c)(2)] IS. The outside buffer, wedand or water boundarv located within the construction corridor approved by this authorization shall be clearh� marked by hiehly visible fencin_ prior to an}' land disturbing activities. Impac[s to areas wi[hin the fencing are prohibited unless otherwise authorized by this certification. [I �A NCAC 02H.0501 and .0503] 16. The issuance of this certification does not exempt the Permittee from complying wi[h any and all sta[utes. rules, reeulations, or ordinances that may be imposed by other governmen[ a�encies (i.e. local. sta[e, and federal) havingjurisdiction, including bw not limited to applicable butTer rules, stormwater management rules, soil erosion and sedimenta[ion control requirements, etc. U. The Permittee shall report any violations of this certification to Ihe Division of Water Resources within 2d hours of discovery. [ I SA NCAC 03B.0�0((b)(2)] 18. Llpon completion of [he project (including any impacts at associared borrow or waste sites), the NCDOT Division Engineer shall complete xnd retum the enclosed "Certification of Completion Form° to notify the NCDWR when all work included in [he =t01 Certification has been completed. [ISA NCAC 02H.0502(�] 19. Na[ive riparian vegeta[ion (ex. Salix nigra, Juncus (spp), Carex (spp), e[ al.) must be reestablished in the riparian areas within the construction limits of the project by tlie end of the erowine season followine completion ofconstruction. [IiA NCAC 02B.0231(b)(6)� �._,..,... � ��,� North Carolina Department of Envvonmental Quahty � Drv�sion of Water Resources 512 North Salisbury 5[reet I 1617 Maii Service Center I Raleigh, North Carolina 27699-16P 919.707.9000 � 20. There shall be no excava[ion from, or waste disposal in[o, jurisdictional weNands or waters associated wi[h this perniit wi[hout appropriate modifica[ion. Should waste or borzow sites, or access roads to was[e or borrow sires, be loca[ed in wetlands or streams, compensatory mitiga[ion will be required since that is a direct impact from road construction ac[ivi[ies.[ISA NCAC 02H.0506(b)(3) and (e)(3)] 2 L Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operation and maintenance of such Best Management Practices in order to pro[ect surface waters standards [ I�A NCAC 02I-I.0506(b)(3) and (c)(3�): a. The erosion and sediment control measures for the project must be designed, installed, opereted, and maintained in accordance with the most recent version of the Narth Carolrna Sedimen! and Ern.sinn Cnnrrol Plunning und De.ctgn Man:�al. 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 Nord� Curolina Sedimen! and Ernsion Control Mwuml. The devices shall be maintained on all construction sites, borrow sites, and wasre 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 Manunl. d. The reclamation measures and implementa[ion must cumply 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 wa[ers unless otherwise approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)] IFyou 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 Ihe peti[ion with the office of Administrative Hearings wi[hin sixty (60) days of receip[ of [his notice. A petition is wnsidered filed when it is received in the office of Administrative Hearings during normal of7ice hours. The Office of Administrative Hearin�s accepts filings Monday through Friday between the hours of 8:OOam and �:OOpm, except for official state holidays. The orieinal and one ( I) copy of the pe[ition must be filed with the Office of AdminisVa[ive Hearines. The pe[ition may be faxed-provided [he original and one copy of [he document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Oftice of Administrative Hearings is: Office of Administra[ive Hearings 67I4 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the pe[ition must also be served on DEQ as follows: Mr. BiII F. Lane, General Counsel Departmen[ of Environmental Quality 1601 Mail Service Cenrer �.._�.� Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury S[reet I 16ll Mail Service Center I Raleigh. North Carohna 2769&1617 919.707.9000 This letter completes the review of the Division of Warer 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@ncdencgov. Sincerely, �� ,� �-�� Linda Culpepper, Intenm Director Division of Wa[er Resources Elechonic copy only distribution: Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office Larry Thompson, Division I O Environmental Officer Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Donna Hood, NC Division of Water Resources Mooresville Regional Office File Copy ;.:�., � Q�� North Carolina Department of Envfmnmental Quality I Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center I Raleigh. North Carolina 2�699-1617 919707.9000 �— � ROY COOPER c��a MICHAEL S. RECAN Svoeta�y L1NDA CULPEPPER IR1Prtm D+�eciar NOR1 H CAFtO�LINA Envlronmenrof Quallty IVCDWR Project No.: Applicant: Projeet Name: County: Date of Issuance o(401 Water Quality Certification: Certificate of Comple[ion Upon completion of all worh approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting UniL North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be retumed to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary ro send certificates from all of these. ApplicaiePs Cenifecarion I, , hereby stare 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 40I Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Signa[ure: Da[e: Agen7's Cerlificalion 1, , here6y state that, to the best of my abilities, due care and diligence was used in the observation of Ihe construction such that the construction was observed to be built within substantial compliance and intent of [he 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and o[her supporting materials. Signature: Date: Engineer's Cer[ifrcu7ron Partial Final 1, , as a duly registered Professional Engineer in [he S[ate of North Carolina, having been au[horized to observe (periodically, weekly, Full time) the construc[ion of [he project For Ihe 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 die construction was observed to be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and speciflcations, and other supporting materials. Signature Date Regis[ra[ion No. �..._ � Q�r North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699d617 919.707.9000 Guidelines for DOT when Encountering Coal Ash Material NCDOT should immediatelv notify Regional DWR staff when coal ash material is encountered. • For the US 21 and Gilead Road Intersection Improvements (NCDOTSTIP No. U5114) any ofthe following Regional DWR staff should be notified as requested: o Brandy Costner — Hydrogeologist (Coal Ash Program) ■ Direct Line: 704-235-2185 ■ Email: brandv.costner@ncdenr.�ov o Andrew Pitner—Assistant Regional Supervisor ■ Direct Line: 704-235-2180 ■ Email: andrew.pitner@ncdenr.�ov The following information should be documented regarding coal ash material encountered and provided to appropriate DWR staff: . • Date/Time coal ash material was encountered. • Exact location(s) (latitude/longitude) as well as dimensions of area coal ash material was encountered. • Total amount of coal ash material removed. � Documentation of proper disposal of coal ash material. � Type and volume offill material used to backfill excavated area. The following precautions should be taken and properly addressed by NCDOT when coal ash is encountered: • When excavating coal ash material, it would be best to reduce the amount of time the excavation stays open to mitigate exposure to both personnel and stormwater. • If coal ash material is staged for any amount of time once removed from the excavation, it should be properly staged using best management practices. Coal ash material should be staged on plastic and kept covered to eliminate the potential for the material to become airborne due to wind, as well as, runoff due to wet weather. Other BMPs should be utilized as needed (i.e., wattles, silt fencing, etc.). • Contact stormwater should be properly managed. Steps should be taken to reduce and/or eliminate the potential for contact stormwater. If contact stormwater is present, then it should be properly handled and disposed of. • Proper PPE should be utilized by personnel who may come in contact with coal ash material (this should be covered under NCDOTs health and safety plan). • Stormwater piping should not be routed through ash fill areas. Nor should stormwater drainage features such as swales, ditches, etc. Should piping have to be placed near ash, non-reactive piping material such as HDPE should be utilized.