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HomeMy WebLinkAbout20150031 Ver 1_Approval Letter_20150313P�k McC�rar�y C�verna� ���i� ��r.r..rrrr �Jorth ��rc�lina ae art: �I�����'i�m n n hl�t�ral �es�urc�s � �tad �p�aia �. ��n ��� rraa�t Secret�ry March ]3.2q15 Jor7es Cou�nty dW�t F�raject Na. 2� 15�a3 ] NC 41 �a�e replacen�ent AP�'Rt)VA� nf 401 WA�"ER Q�7ALITY CERT�F1C,hTI�Q�1 anci I��US� BU�FER A►[1TI-9{l�liiZATI0IN wlt� AD�ITI�DNAL CCli�1T1IT��NS Mr. Jay Jc�9�nsc�n 1*]arth ��r+�lina Depart���ent of Tt•a�rsq�artatic�n P.C3. Bc��: 1 S$7 Caree�nvill�, N��` 2"�8�5 neat� Mr. Jnhnsan: Y�nra have +�ur ap�arouad, in accord�nce wi�E� t�7� coi7dit�ons laste�l beluw, far the followi�7� inap�cts fpr- �he �twrpase af a pipe repl�ceja�er�t mn �s�and �3i°anch Swamp e�n I�IC 4I r�oe�tll of Trenca�a in Jarles Caunty: Stream and Ruffer I�n�acts ��z #l�e Ne��se �iver �as'rr� SiEe Number Skrearn Buff�er Zonc �uifer Zor�� (�inear fti) � s ft 2 s ft NC 41 14 1 C�80 565 l�Pet To��l 14 1,645 I mpaCtS The pr�qjecfi sN�als be constrGacted ilti �c�or�a�7�e wit�� yac�c° appl�cati�c� dated received Jamu�M•y 12, 2015 and ad�itaonal infarrnatian received �`ebruary 25, 201 S. 1��kei° rewie�vo�a� your� applicatio��, w� l�ave decad�cl tihat these ic��pacts arc c+av�red by General GV�ter Quality Ce�tificatio�� i`�ur�m:be�� 3&�3. This certi�catiQn corresppnds to tE�e Na�ianwide Pex�rnit 3, isstiied by t17e Cnrps �f �n,�ine�rs. ln adciitio��, ycru shou�ld aeq��are any �ther f�der�l, state or lac�l p�i�inits bef'ore ynu paroceed with youe praject Ancludi��� (but nc�t lfmit�d to) S�d%ment ��1d �:rnsinn Cna�tr�l, l'�on-Discharg� and Water Strpply Watershed r•e�ulatoons, Tt�is appraval will expire witlti the accaa���anya��� 404 perrnit. 1�his approval is ualid salely far the pur�ase and desig�� descr�ibcd in yaur applicatian (ua�l�ss t��Qdifieci �elaw). ;�liould your pra�j�ct chan�e, you n�ust notify the I7WR. aa�ci su�banat a ncw applic�tion. Ifthe praperty is sold, i�e new �wner mus� �e giv�n � copy o�'this Certificat�on anc� agaproval I��te�-, anci is tl�ea-eby r��spansible fai- ca�np0ying wit�7 a�ll t}�e c�nclit:ions. [f tptal w�tl�nd fikls iar this project (naw ar ia� th� future} excee� �a�e acre, or of tatal impac�s to streanas (naw or in tl�e fut�i��e) exceed 1 S0 linear %�t, campensatory miaigatian nqay be required as desc�ribed in 15A NCAC 2H .05C�� (hj (Ca} a��d (7}. Por t17is approval ko r°e�n�in valici, yau ���ust adlae��e to th� conrlitions listed in the attacl�ed certiiic�tion. Transpark�tian and Fermi(tln� �dnli 16"17 #vlail S�rviae Center, V�aleigh, NC 27699-1617 Lacc�tian: 512 N, 5alisbury St, Raleigh, �IG 276�14 An Eqtral pppqrtuc�ity 1 Afifermakiu� Acidan �mpEoyer Phane: 919-ip?•6�D01 FAk: 919-73�-129p Interrret: r,wvvw,ncwaker.arg Page 2 of 5 I. 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. ]ocal, state, and federa]) having jurisdictian, including but not iimited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. [15A NCAC 02H .�507 (c) and 15A NCAC 02H .0506 (b)(2) and (c}{2)] 3. The NCDOT Division �nvironmental Officer or En�ironmenta] Assistani will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shal] be invited to the pre-construction rneeting. [15A NCAC 02H.0506{b)(2) and (b)(3) 4. Untess otherwise approved in this certification, ptacement of cul�erts and other structures in open waters and streams shall be placed below the e[evation of the streambed by one foot for all culverts with a diameter greater ihan 48 inches, and 20 percent af the cul�ert diameter far culverts ha�ing a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of cuEverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands ar streambeds ar banks, adjacent to or upstream and down strea�n of the above structures. The applicant is required to provide evidence that the eqai[ibrium is being maintained if requested in writing by NCDWR. If this candition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or nat a permit modification will be required. [ 15A NCAC 02H.0506(b)(2}] 5. Ali work in ar adjacent ta stream waters shall be conducted in a dry work area. Approved BMP measures from the most current �ersion of NCDOT Construction and Maintenance Acti�ities 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)] 6. If concrete is used during canstruction, a dry work area shall he maintained to prevent direct contact between curing concrete and stream water. Water Ehat inad�ertently contacts uncured concrete shal] not be discharged to surface waters due to the potentia! for elevated pI-I and passibie aquatic ]ife and fish kills. [ 15A NCAC 02B.0200] 7. The use of rip-rap above the Normal High Water Mark shatl be minimized. Any rip-rap piaced 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}] S. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NGAG 02H.OSOb(b)(2)] 9. The outside buffer, wetland ar water boundary located within the constructian corridor appro�ed by this certification shall be clearly marked by highiy visible fencing priar 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] 10. During the construction of the project, no staging af equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [ISA NCAC 02H.0506(b){2)] I 1. 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 geomoaphic conditions. [15A NCAC 02H.0506{b){2}] 12. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentakion and reduce the introduction of other pollutants into the stream. [ 15A NCAC 02H.0546(b)(3}] 13. Ail mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydrautic fluids, or other toxic materials. [ 15A NCAC 02H.0506{b)(3)] f 4. No rock, sand or other rnaterials shall be dredged from the stream channel except where authorized by this certification. [ 15A NCAC 02H.0506(b)(3)] 15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this certification 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 fram road construction acti�ities. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] Page 3 of 5 16. Erosian and sediment control practices must be in full compliance with all specifications governing the praper design, ir�stallation and opera#ion and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.OSQ6(b)(3) and (c){3)]: a. The erosion and sedime�t control measures for the project must be designed, installed, operated, and maintained in accordat�ce with the most recent version of the North Carolina Sediment and Erosion Contro! Plannirrg 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 3nast recent version of the North Carolrna 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 rnusE be designed, installed, operated, and maintained in accordance with the mast recent version of the North Carolina Surface Mining Manual. d. The reclamakion measures and implementation must comply with the reclamation in accordance with the requirernents of the Sedimentation Pollution Control Act. 17. Sediment and erosion contro] measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [ 15A NCAC 02H.Q506(b)(3) and (c)(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. Native riparian �egetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing seasan following campletion of construction. 20. All storrmwater runoff shall be directed as sheetflow through stream buffers at nonerosive �elocities, unless otherwise approved by this certification. [ I SA NCAC 2B.0233(5}] 21. Pursuant to 15A NCAC 2B .0233(6), sediment and erosian control devices shall not be placed in Zone i of any Neuse Buffer without prior approval by NCDWR. At this time, NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the appro�ed project impacts, anywhere on this project. Moreover, sediment and erosion control devices shatl be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 22. Al] riparian buffers impacted by the placement of temparary 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 grawing 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 constructian. [ I SA NCAC 28.0233(6)] 23. New roadside ditches must be in compliance with the nitrogen contro[ and diffuse flow requirements outlined in 15A NCAC 2B .0233 (6). 24. 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) oFthe Clean Water Act} and any other appropriate requirements of State and Federal law. If 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 ]aw is being violated, or that further conditions are necessary to assure compliance, NCDWR may reevaluate and modify this certification. [ 15A NCAC 028.0200] 25. The Permittee shall report any �iolations of this certiiication to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506{b){2)] 26. Upon campletion of the project (including any impacts at associated 6orrow or waste site), the NCDOT Division �ngineer shall corr3plete and return the enclosed "Certification ofCompletion Form" to natify NCDWR wlien all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0542{�] 27. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modiiications, if any, shall be rnaintained with the Division Engineer and the or►-site project manager. [15A NCAC 02H .0507(c) and 15A NCAG 02H .0506 (b)(2) and {c)(2)] Page 4 of 5 Ify�u r�uisl� to cont�st aray staten7�c�t in the attached Centifi�atioi� you �nust file a�actitic�n for an a�r��uiisci�artive heao•in�. Yc�u �n�y nbt�in the petitaor� form f'ro�n the affice nfi Administr�tiv� heari�r�s. Ycau mus� file t��e pefition with the c�f�ce of �.dcninistirat'tve Heae�n�s withirro sixty {6�) days afreceipt nf tl�is nc�tice. A pet�tic�n is cansid�red iile� wh��� irt is �•eceived in the office c�f Ad�ninistrative Hearings during nmrrnal off�ce hours. Tl�e Of�ce of Adrninistra�ive Heariia�s accepts ��ings Mca��day th:r�au�h Fr�day betweei� the haurs nf'8:fl0a�m anc� S:Df�pin, except for afficial sta�te l�olidays. Tlle or��inal and one (1) capy of the p�titian must be filed widh the �fi"ice off A�flanir�istratuve Fi�earin�s. The peti�iar� anay be fax�d-prnvided kh� �ari�;iital and �n� ca�ay of t�ie dQC�m�nt is reeeivec� by th� C�f�ce of r1.c��a�inistc�ativc Neaci���s within �ve (�) business days follbwin�; the fa�xed tra�r�scr7issian. `B'he mailin� a�ddress far the ()ff�ce of �+.difiiinastrative Hearin�s �s: (7fiice a�'Ad���inist�rative'I-i�ar�ings 6"71� Mail Serwice Genter Ralei�h, NC 27699-�7G4 `�'�lephpa�e. (919)-431-��0�, F�cSirrtile: (9l9)-431-31(1Q .+� capy caf �he g�eCition m��st also l�e served a�� C7F:NR as frcalla�vs: Mr. 5arn M. ��layes g Ge�eral CQUnsel. D�partanent �afEnvirc�nrnent and Nake�ral Resources. 16Q� N�ail Serv�ce Cent�r This letten- cc�mplet�s the review crf the Division eaf 4'�'�te�• �esource� under Section 4Q i��tlle Clean Water Act, 1f ypu hav� any �u�stians, please cai��act Garcy Ward at �2�2) 948-,�917 ar �arcy.ward Er ncdenr.�e�v Sincet°e9y, �,. �e�"'���"'�..� �, f �> fnr S. .� y Zimrnerinan, C�ir°eetor � C�iwisimrr af 4Vat�r l�eso��rces Att�chrnents {Genera� CertifacK�ti��t �tr�r� CetKi�catie oi' Cc�mpl�tian tor�7i) cc: T'om Stcftcns, iJS Arn�y C�r�s of �;n�ine�es, Washen�tan Fielcl �lf'�ice Ja� Jerhnsar�, l+�C �CJ"'(' (eN�ctrac�'rc c�p�) Garcy Warcl, DWR, Wastaii��tpr7 i�eg'rona] (Jfffice Pile C;aRY Page 5 of 5 DWR Project No.: County: Applicant: Project Name: Date of Issuance af 401 Water Quality Certi�cation: Certificate of Completion Upon completion of aEl work approved within the 401 Water Quality Gertification or applicable Buffer Ctules, and any subsequent modifications, the applicant is required to return th�s certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617, This farm may be returned to DWR by the applicant, the applicant's autharized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certi�cation I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the constraction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certifcation and Buf�'er Rules, the appraved plans and specifcations, and other supporting materials. Signature: Date: Agent's Certi�cation 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 su6stantial 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 Finai I, , as a duly registered Professianal Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the canstruction of the project,for the Permittee hereby state that, ko khe best of my abilities, due care and diligence was used in the obser�ation of the construction such that the construction was obser�ed to be built within suhstantial 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