HomeMy WebLinkAbout20190383 Ver 1_Approval Letter_20190403ROY COOPER
Governor
MICHAEL S. REGAN
se�.�ra�v
LINDA CULPEPPER
Dimcmr
NORTH CAROLINA
Environmenta( Qua(ify
April 3, 2019
Chatham County
NCDWR Project No.20190383
US I 5-501 Phase 2 Improvemen[s
Northwood High School Road
Mr. Chris Blice (chrisblice�cha[ham.kl.nc.us)
Chatham County Chief Opera[ions Officer
PO Box 128
Pittsboro, North Carolina, 27312
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mc Blice:
Approval is granted, in accordance with the conditions listed below, for the following impacts for US IS-
501 improvements over Haven Creek/Haw River in Chatham County:
Stream Im acts in the Ca e Fear River Basin
Temporary lmpacts Permanent Fill in Perennial
Site Due to Stream Uue to Bank Culvert
Dewatering/Fill Stabilization
111
IC
Totals
24
24
52
Total Stream Impacts for Project: 187 linear feet
111
Total Stream
lmpacts
(linear feet)
Ill
20
187
The project shall be constructed in accordance with the application dated March 21, 2019. After application
review, it is determined that proposed project impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to Nationwide Permit 14 issued by [he 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) Jordan Lake Buffer Authorization, Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404
permit.
�:�:mo,E..,���: Q��
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-Ibll
919.7079000
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 300 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 certification and any additional conditions
listed below.
Conditions of Certification:
General Conditions
1. As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the
future, the bridge demolition must be accomplished in strict compliance with the most recent
version of NCDOT's Best Management Practices for Construction and Maintenance Activities.
[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
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)]
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)]
4. 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]
5. 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 pro,file 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)]
7. The use of riprap above the Normal High-Water Mark shall be minimized. Any riprap placed for
stream stabilization shall ba placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)] _
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .OSD7 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)]
9. 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)]
10. 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)]
11. 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)]
12. No rock, sand or other materials shall be dredged from tlle stream chamlel except where authorized
by this certification. [15A NCAC 02H.0506(b)(3)]
13. Discharging hydroseed mixtures and washing out hydroseeds and other equipment in or adjacent to
surface waters is prohibited. [I SA NCAC 02H.0506(b)(3)]
14. 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]
15. 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)]
16. A copy of this Water Quality Certification shall be maintained on the construction site always. 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)]
17. The outside buffer, wetland or water boundary located within the construction corridor approved by
this authorization, including all non-commercial borrow and waste sites associated with the project,
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]
18. The issuance of this certification does not exempt the Permittee from complying with 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, stor�nwater
management rules, soil erosion and sedimentation control requirements, etc.
19. 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)]
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) 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]
21. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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.0506(b)(2)]
22. 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 activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. 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 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 require�nents 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.
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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
25. All sediment and erosion control devices shall be removed, and the natural grade restored within two
(2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [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 fle 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 Heazings.
The petition may be faxed, providing 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 919-707-911 I or April.Norton�u ncdenr.gov.
Sincer ly,
� '
�� .
Lmda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Otiice
Troy Beasley, WithersRavenel (tbeasley@withersravenel.com)
April Norton, Division of Wa[er Resources, Central O�ce
File Copy
ROY COOPER
co�e.��.
MICHAEL S. REGAN
se�.era.y
LINDA CULPEPPER
Direcror
NORTH CAROLINA
EnvironmentalQuality
VCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certi�cation:
Cer[ificate of Completion
Upon completion of all �sork approved within the 401 Water Qualih� Cenificatiun or applicable 13ut%r Rules. and any
subsequcm modifications. the applicant is reyuired to rewrn this certilicate to the 401 Transportation Permitting Unit, North
Carolina Division of Water Resources, 1617 Mail Service Center. Ralzigh, NC. 27699-161 Z"fhis form ma} bz retumed to
NCDWR by the applicant. the xpplicant's authori�ed agent. or the project enginecr. It is nut necessary� to send certificates from
all of these.
ApplicnnPc Certifica�inn
I. , hereby state that. to the best o(mp abilitics. due care and diligence was used in
thc obscrvation of the wnstruction such tha� the construction was obscrved to bc built within substantial compliance and intent oP
the 401 Water Quality Certiticatiun and Bufl�er Rules, the approved plans and specillcations, and other supporting materials.
Signature: Date:
Agenl's Certification
I, , hereb}� state that. tu the bat of m�� abilitics. due care and diligence �cas used in
the observatiun of �he constmetion sueh that the construction was obsen�ed to be built within substantial cumpliance and intent of
the 401 Water Qualiry Certification and Hut%r Rules, the approved pinns and specilica�ions, and other supporting materials.
S igna W rc:
Engineer's Certifrcation
Paniul
Pinal
Datc:
I. . as a duly registered Professional Engincer in the Stale of Nurlh Carolina,
having becn authori�xd to observe (periodically, wawkly, full time) the conswetion oithe projeet tor the Permittec hereby state
that, to the best of my abilities, due care and diligence was used in the obscrvation ofthe consVuction such that the construction
was observed to be built �vithin substantial complianec and intcnt of thc 401 Water Qualiq� Certilicatiun and 13ut7er Rules. the
approved plans and specifications. and olher supponing materials.
Si@nawre
Uate
a.o —E..,��., Q��S
Regislralion No.
North Carolina Depar[ment of Environmm[al Quality I Division of Water Resources
512 North Salisbury $treet I 1617 Mail Service Center I Raleigh. North Carolina 27b'19ibli
9I97079000