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Home My WebLink About20190397 Ver 1_Approval Letter_20190619DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality June 19, 2019 Mr. Philip S. Harris, ITI, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for proposed improvements to NC 105 and Bridge No. 5 replacement over the Watauga River in Watauga County; WBS 37512.1.1; TIPS R-2566BA and R-2566B. NCDWR Project No. 20190397 Dear Mr. Harris: Attached hereto is a copy of Certification No.004194 issued to The North Carolina Department of Transportation (NCDOT) dated June 19, 2019. If we can be of further assistance, do not hesitate to contact us. Sincerely, DocuSign/e�d by: l J. Yv�Ay l��. 9C9886312DCD474... Linda Culpepper, Director Division of Water Resources Attachments Electronic copy only distribution: Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office Kevin Hining, Division 11 Environmental Officer Carla Dagnino, NC Department of Transportation Chris Militscher, US Environmental Protection Agency Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services File Copy North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NaAni aaatxrrw � 919.707.9000 DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15 NCAC 2H. This certification authorizes the NCDOT to impact 0.57 acres (preliminary for B-Section; no wetland impacts for BA Section) of jurisdictional wetlands; 4,099 linear feet of jurisdictional streams (preliminary for B-Section); and, 600 linear feet of jurisdictional streams for BA Section (203 permanent and 397 temporary) in Watauga County. The project shall be constructed pursuant to the application dated received March 29, 2019 (revised April 17, 2019). The authorized impacts are as described below: Stream Impacts in the Watauga River Basin R-2566BA; Final Permanent Fill in Stream Impacts Perennial Stream Temporary Fill in Total Stream Requiring Site (linear ft) Perennial Stream Impact Mitigation (linear ft) (linear ft) (linear ft) Culvert 1 100 10 110 - 2 - 274 274 - 3 - 70 70 - 4 73 22 95 - 5 30 21 51 - Total 203 397 600 - Total Stream Impact for Section BA: 600 linear feet Stream Impacts in the Watauga River Basin R-2566B; Preliminary Permanent Fill in Temporary Fill in Total Stream Stream Impacts Requiring Site Perennial Stream Perennial Stream Impact Mitigation (linear ft) (linear ft) (linear ft) (linear ft) IA, B 300 - 300 300 1 163 - 163 - 4, 6, 8 479 - 479 479 5,7 169 - 169 - 9 163 - 163 - 10 77 - 77 - 11 132 - 132 - DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 Stream Impacts in the Watauga River Basin R-2566B; Preliminary Site Permanent Fill in Perennial Stream (linear ft) Temporary Fill in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft) 12 93 - 93 - 14,15 66 - 66 - 16 135 - 135 - 18 42 - 42 - 19 90 - 90 - 20 42 - 42 - 21 242 - 242 - 25 217 - 217 - 26 152 - 152 - 28 50 - 50 - 29 54 - 54 - 30 73 - 73 - 31 52 - 52 - 32 130 - 130 - 34 115 - 115 - 35 268 - 268 - 36,37 150 - 150 - 38 59 - 59 - 39 40 - 40 - 42 98 - 98 - Additional 200 - 200 - Total 4,099 - 4,099 779 Total Preliminary Stream Impacts for Project: 4,099 linear feet DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 Wetland Impacts in the Watauga River Basin (Riverine) Preliminary; B Section Site Fill (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) IA 0.09 - - - 0.09 1 B <0.01 - - - <0.01 2 0.02 - - - 0.02 3 0.04 - - - 0.04 7 0.02 - - - 0.02 10 0.01 - - - 0.01 11 0.02 - - - 0.02 13 0.03 - - - 0.03 17 0.08 - - - 0.08 20 0.06 - - - 0.06 27 0.03 - - - 0.03 32 0.03 - - - 0.03 33 <0.01 - - - <0.01 35 0.02 - - - 0.02 40 <0.01 - - - <0.01 Additional 0.10 - - - 0.10 Total 0.57 - - - 0.57 Total Preliminary Wetland Impact for Project: 0.57 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Watauga River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application dated received March 29, 2019 (revised April 17, 2019). Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 300 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: Specific Conditions 1. When final design plans are completed for R-2566B, a modification to the 401 Water Quality Certification shall be submitted with five copies and fees to the NC Division of Water Resources. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters. No construction activities that impact any wetlands, streams, surface waters located in R-2566B shall begin until after the permittee applies for and receives a written modification of the 401 Water Quality Certification from the NC Division of Water Resources. [15A NCAC 02H. 0506(b)] 2. Compensatory mitigation for 779 linear feet of impact to streams for the B Section 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 April 12, 2019 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. 3. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable requirements of NCGO10000. Please note the extra protections for the sensitive watersheds. [ 15A NCAC 0213.0224 and 0225] 4. NCDOT will adhere to a trout moratorium for tributaries to the Watauga River and Laurel Fork during October 15 through April 15 prohibiting in -water work and land disturbance within 25 feet of the stream. [I 5A NCAC 02H .0506(b)(2) and 15A NCAC 0413.0125] 5. NCDOT will coordinate with NCWRC regarding rescue and relocation of the eastern hellbender prior to causeway installation to determine if river conditions will facilitate the task. NCDOT will adhere to an in -water moratorium from April 1 through November 1 to protect early life stages and spawning activities of the hellbender. [15A NCAC 02H .0506(b)(2) and 15A NCAC 0413.0125] 6. Bridge demolition and construction 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)] 7. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3) 8. Post -construction removal of any temporary bridge structures/workpads must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 9. 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. This requirement is waived if noted/shown on permit plans that burial will not occur. 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 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 whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 10. 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] General Conditions 1. 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. [I5ANCAC 02H.0506(b)(2)] 2. 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)] 3. 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)] 4. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [I5A NCAC 02H.0506(b)(3)] 5. 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] 6. 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)] 7. 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)] 8. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing or flagging 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] 9. 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. 10. 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)] 11. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) 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(f)] 12. 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 02H.0506(b)(3) and (c)(3)] 13. 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, DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 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)] 14. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed, and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and (c)(3)]. 15. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. 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 8:00am and 5:00pm, 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 -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 DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 This the 19th day of June, 2019 DIVISION OF WATER RESOURCES DOCUSigned by: 1� �y 44PW1.l. 9C9886312DCD474... Linda Culpepper, Director WQC No. 004194 DocuSign Envelope ID: 07E15835-9AF7-408F-8EDE-EF4DA0127D68 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: Certificate 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 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: Agent's Certification Date: 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: Engineer's Certification 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 Date Registration No. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NaAni aaaai.rrw � 919.707.9000