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HomeMy WebLinkAbout20141237 Ver 1_Approval Letter_20141230NCDENR North Carolina Department of Environment and'Naturd Resources Pat McCrory John E. Skvaria, III Governor Secretary December 30, 2014 Wilson County NCDWR Project No. 20141237 Bridge 119 on SR 1531 TIP No. B-4681 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Richard W. Hancock, P.E., Manager NCDOT Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Mr. Hancock: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 119 in Wilson County: Wetland Impacts in the Neuse River Basin Site Permanent Fill (ac) Temporary Fill (ac) Excavation -Aa�� Hand Clearing (ac) Total < 0.01 < 0.01 <0.01 0.02 Open Water (Stream) Impacts in the Neuse River Basin Site Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total < 0.01 < 0.01 Neuse Riparian Buffer Impacts Site Zone I Impact (sq ft) Zone 1 Buffer Mitigation Zone 2 Impact (sq ft) Zone 2 Buffer Mitigation Required (usin �.5.1 ratio) Totals . . . 456 N/A 203 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: 659 square feet. The project shall be constructed in accordance with your application received December 3. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. 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 (I 5A 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. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Phone: 919-807-65300 lnlernet: www ncdenr gov An Equal Oprortunity t Affirinitive Aobn Frnployer This approval is valid solely for the purpose and design described layour application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. |f 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 v/cUand rills for this project (now orio tile future) exceed one acre, vrvftotal impacts tontnooms (now orin the future) exceed l50 linear feet, compensatory mitigation may hc required an described im|5ANCAC2H.U506(h)(6) and (7). Additional buffer impacts may require compensatory mitigation um described im15&NC&C2B.0242(9). For this approval tu remain valid, you trust adhere tn the conditions listed io the attached certification and any additional conditions listed below, Conditions vfCertification: |. The post-construction removal ofany temporary bridge structures must return the project site mits preconst�ruction contours and elevations, The impacted areas shall bamvcgdatedwith appropriate native species. l Strict adherence to tile most recent version of NCDOTs Best Management Practices For Bridge Demolition and Removal approved hy the NS Army Corps of Engineers iym condition of the 40l Water Quality Certification. 3. Bridge deck drains shall not discharge directly into the stream. StormvvatxrmhuD be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the utreum. To meet the requirements of0CD0T'oNPDB9 permit NCS00W0250, please refer tothe most recent version ofthe North Carolina Department «f7}anxl)o,m*/om&vrnvu/er Best Management Practices Toolbox manual for approved measures. 4. All riparian buffers impacted 4y the placement oftemporary fill or clearing activities shall be restored to the prcouuut,uotiou contours and rcvegetute6. Maintained buffers shall be permanently ,e,cge|u4udwith nvo-vmmJy species by tbe end mf the growing season following completion ofconstruction. 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 mox/iug. The area with non- muio{ui tied buffers shall be permanently revegetotedwith native woody species before the next growing season following completion o[construction. 5. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone l of any Neuye Buffer without prior approval by the NCDYV8. At this time, tile y4C[}YYR has approved oo sediment and erosion control devices imZone U, 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 | is not compromised and that discharge io released uu diffuse flmv. 6. All smonuwmtm runoff shall be directed mmnbcet0onthrough y1mum buffers u|non-erosive velocities, unless otherwise approved hy this certification. 7. If concrete is used during 000mrucdoo,n dry work area shall 6c maintained toprevent direct contact between curing concrete and y(/eunnwater. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pf-I and possible aquatic life and fish kills. 0. During the construction of the project, no staging of equipment nf any kind io permitted io waters of tile U.S.,or protected riparian buffers. y. 'file dimension, pattern and profile of the stream above and below the crossing shall not bemodified. Disturbed Hvodp|aimx and streams shall be restored to natural gcomorphicconditions, 10. The use of rip-rap above the Normal High Water Mark shall be minimized, Any rip-rap placed for stream stabilization abo|| be m|moed |n stream channels in Such x manner that it does not impede aquatic life passage. ||.The Perinittee shal I ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. |2. All work inoradjacent to stream waters shall bo conducted iva dry work area. Approved BMP measures 6om the most current version of NCDOTConstruction and Maintenance Activities manual SLIch as sandbags, rock bernis., cofferdams and other diversion structures shall hu used twprevent excavation im flowing water. 13. Heavy equipment v6u|l be operated from the hooku ru\6mr than in the $rcao/ ohuooe| in order to minimize sedimentation and reduce the introduction uC other pollutants into the stream, |4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent coil tam imuivumf stream waters from fuels, lubricants, hydraulic fluids, ar other toxic materials. 15. No rock, sand or other materials obu\| be dredged from the ytrcum xbauue| csuup, where authorized by this certification. 16, Discharging hydroseed Mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17, Tile 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, lf the NCDVV0 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, tile NCDWR may reevaluate and modify this certification. 18. All 0|| slopes |uuutcd in jurisdictional wetlands shall 6o placed ut slopes mo flatter than 3:]. unless otherwise authorized by this rcrtiOmadoo.. |P. & copy of this Water Quality Certification shall hc maintained oil the construction site u/ all times. III addition, tile Water Quality Certification and all subsequent umdifiuc¢innn,if any, shall 6c maintained with the Division Engineer and the on-site project nmoumger. 20, The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization mbuU be clearly marked hy highly visible fencing prior tn any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this ooUifiomhmu. 2 1. 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. 22. Tile Pe,miUee shall report any violations oC this certification tothe Division of Water Resources within 24 hours of discovery. 23. Upon completion of the project (including any impacts at associated borrow or waste xitm). (bc]NCD0T Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWR when all work included io tile 40l Certification has been completed. 24. Native riparian vegetation (i.e.,trees and shrubs native to YOUr geographic region) must be reestablished in tile riparian mmao within the construction limits mf the project hythe end of the growing season following completion of construction, 25. 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, o, access roads <o waste or borrow sites, be \ucmeJ in wetlands orxtroumn, compensatory mitigation will be required since that immdirect impact from road construction activities. 26. Erosion and sediment control practices must be in full compliance with all specifications governing tile proper design, ino\uOuhon and operation and maintenance oCsuch Bout Management Prmodccu im order tv protect Surface waters standards: u. The erosion and sediment comUn| measures for the project must be designed, installed, operated, and maintained in accordance with (hu most n:ocot version of the &loro4 Cmolim. Sediment and 2rookm Cmnlrol Planning and Design Manual. h. The design, installation, operation, and maintenance of the sediment and emyiuu control mcneum:o must be such that they equal, or exceed, tile requirements specified in the most recent version of the North Cmr*//nu Sediment and Frum/uo {om/nvl &/maxol, The devices ubu|\ be maintained on all construction oUoo^ borrow sites, and waste pile (ppoil) projects, including contractor-owned or ]eased borrow pits associated with tile project. c. For borrow pit sites, the erosion and sediment control m,00umw Must bedesigned, installed, operated, and maintained in uoomndommc with the most recent version of the North Carolina S,�facx Mining Manual. d. The mdumu{ioo measures and implementation must comply with the melumudoo in accordance with the requirements of the Sedimentation Pollution Control Act. 27. Sediment and erosion control measures shall riot be placed in wetlands or waters unless otherwise approved hythis K you wish k» contest any statement lm the attached Certification YOU must file e petition for mnadministrative bearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office uf Administrative Hearings within sixty (60) days of receipt o[this notice. /\petition is considered filed when it is received in the office ofAdministrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of8:08um and 5:00pm,except for official state holidays, The original and one (|) copy of tile petition mu$6m filed with the Office ny 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 Offioeof Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Centel- Raleigh, NC27699-87l4 Telephone: (919)-43 1-3000, Facsimile: (919)-43 1-3 100 A copy of the petition must also be served on DENR as follows: Mr. John Evans, General Counsel Department of Environment mnd Natural Resources i60\ Mail Service Center This letter completes the review of the Division of Water Resources under Section 40lnfthe Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, Division ofWater Resources Electronic copy only dist6bm(ioo: Tom Steffens, US Army Corps oyEngineers, Washington PioN 0ffimc ChmdCo8gimm, Division Environmental Officer (if VV0C not addressed <othem) Chris Rivumbark,WC Department of Transportation PDEA File Copy 4 A fpl 12&=72 HCDENR North Carolina Department mf Environment aDd Natural Resources Fat McCrory Governor NC0W0Pnjmct No.* Applicant, Project Name: Date of Issuance ut401 Water Quality Certification: John E. Skvarta, III Secretary Certificate of Completion Upon completion of all work approved within the 4Ul Water Quality Certification orapplicable Buffer Rules, and any subsequent modifications, the applicant imrequired to return this certificate to the 40| Transportation Permitting 0oit. North Carolina Division of Water Resources, 165O Mail Service Center, Raleigh, NC, 276Vq-|650. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. |Limnot necessary to send certificates from all uf these. ApPficuv �v CeriffilcoAioo � hereby state that, tu the best ofmy 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 oC tile 40| Water Quality Certification and Buffer Rules, the approved plans and wpeuiboo|iomn, and other supporting materials. AgmIN{ertif7uutiov Date: l, hereby state that, co the best oCmy abilities, due care and diligence was used in the observation of the construction such that the Construction was observed to6e built within Substantial compliance and intent of tile 401 Water Quality Certification and Buffer Rules, the approved plans and ypc6fioatimmo^ and other supporting materials. Signature: Date: Engineer's Certification Partial Final L anoduty registered Professional Engineer inthe State ofNorth Carolina, having been authorized N observe (periodbally, weekly, full dme),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 tile construction such that the construction was observed to be built Within Substantial compliance and intent of tile 401 Water Quality Certification and Buffer Rules, the approved plans and opwc|ficmkiomu, and other supporting materials. Date 1617 MaH Seivice Cenler, Raleigti, NmffiCamUnm270994817