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HomeMy WebLinkAbout20210951 Ver 1_Approval Letter_20210519 DocuSign Envelope ID: F29F65E4-F04C-4B47-ACF6-7518ACFD93CD --cH STAT ' ;fir?o 1a. a\�p1` ti \\�' ROY COOPER s a e Governor s, � fr Pi DIONNE DELLI—GATTI '1/, ,a n .' Secretary �" = S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality May 19,2021 Wilson County NCDWR Project No.2020951 Bridge 158 on SR 1632 State Project No.BP4.R003 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,with ADDITIONAL CONDITIONS Mr.Kevin Bowen,P.E.,Division Engineer NCDOT,Division 4 PO Box 3165 Wilson,NC 27895 Dear Mr.Bowen: You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of replacing Bridge 158 in Wilson County: Stream Impacts in the Neuse River Basin Site Riprap Stabilization to Perennial Stream Temporary Impact to Perennial Total Stream Impact (linear ft) Stream (linear ft) (linear ft) Total 75 90 165 Total Stream Impact for Project: 165 linear feet. Wetland Impacts in the Neuse River Basin Site Permanent Fill (ac) Mechanized Clearing(ac) Hand Clearing(ac) Total Wetland Impact(ac) Total 0.02 0.07 0.08 0.17 Total Wetland Impact for Project: 0.07 acres. Neuse Riparian Buffer Impacts Site Zone 1 Impact Zone 1 Buffer Mitigation Required Zone 2 Impact Zone 2 Buffer Mitigation (sq ft) (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio) Totals 1804 N/A 1234 N/A *n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required Total Buffer Impact for Project: 3038 square feet. N Colina Department of Environmental Quality 1 Division of Water Resources NORTH CAROUNA� 512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Department of Environment&[Maury 919.707.9000 DocuSign Envelope ID:F29F65E4-F04C-4B47-ACF6-7518ACFD93CD The project shall be constructed in accordance with your application received May 13,2021. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4132. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules(15A NCAC 2B.0233. 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. [15A NCAC 2H.0507(d)(2)]. The permittee shall report to DWR any noncompliance with,or any violation of,stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B 0233.For this approval to remain valid,you must adhere to the conditions listed in the General Certification and any additional conditions listed below. Conditions of Certification: 1.The post-construction removal of any temporary bridge structures 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) 2.As a condition of this 401 Water Quality Certification,the 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)] 3.Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250 please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)] 4.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)] 5.A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,on the stream bank, or within 5 feet of the top of bank,or during the removal of bents from an old bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3)] 6.All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by this certification. [15A NCAC 2B.0233] 7.All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated.Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition,maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15ANCAC 2B.0233] 8.Pursuant to 15A NCAC 2B.0233(6),sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time,the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts,anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 9. 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] N Cna Department of Environmental Quality 1 Division of Water Resources NORTH CAROUNAD 512 North orth Salisbury aroli Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Department of Environmentel ou.ury 919.707.9000 DocuSign Envelope ID:F29F65E4-F04C-4B47-ACF6-7518ACFD93CD 10.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. [15ANCAC 02H.0506(b)(2)] 11. 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)] 12. 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)] 13.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)] 14. 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)] 15.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)] 16. 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)] 17.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)] 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 19.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] 20. 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)] 21. 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)] 22. 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] 23. 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. 24. 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)] 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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)] North Carolina Department of Environmental Quality i Division of Water Resources D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROUNA Department of Environmenteloo.ury 919,707.9000 DocuSign Envelope ID: F29F65E4-F04C-4B47-ACF6-7518ACFD93CD 26.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.0233(10)] &[15ANCAC 02B.0506(b)(2)] 27. 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)] 28.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. 29. Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)] 30.When applicable,all construction activities shall be performed and maintained in full compliance with G.S.Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).Regardless of applicability of the Sediment and Pollution Control Act, all proj ects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards,statutes,or rules occur. [15A NCAC 02H.0506{b)(3)and(c)(3)and 15A NCAC 02B.0200] 31. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H.0506(b)(3)and(c)(3)] DE - --4") 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 NORTH CAROUNA Department of Environmenteloo.ury 919,707.9000 DocuSign Envelope ID: F29F65E4-F04C-4B47-ACF6-7518ACFD93CD This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. One(1)copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 2H.0500. If you have any questions,please contact Rob Ridings at rob.ridings@ncdenr.gov. Sincerely, —DocuSigned by: 0,44,1, Chi pw ,n, '-9C9886312DCD474... S.Daniel Smith, Director Division of Water Resources Electronic copy only distribution: Tom Steffens,US Army Corps of Engineers,Washington Field Office Chad Coggins,Division 4 Environmental Project Engineer File Copy DEj 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 NORTH CARO�1NA Department of etiironmmmi ou.ury 919,707.9000 DocuSign Envelope ID: F29F65E4-F04C-4B47-ACF6-7518ACFD93CD NCDWR Project No.: County: Applicant: Project Name: 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: Date: Agent'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: Date: Engineer's Certification Partial Final 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 Registration No. Date jNsio2rNt h CnaDepartment of ironment Quality 1 ResourcesNORTH CAROUNADorth Salisburyaroli Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617 Department of Environmentel ou.ury 919.707.9000