HomeMy WebLinkAbout20150191 Ver 1_Approval Letter_20150316Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaarf
Secrelary
March I6, 2015
W ilson County
NCDWR Project No. 20150191
[3ridge 55 on US 264-A
State Project No. 17BP.4.R.56
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSF. BUFFF.R AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Tim Little, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson,NC 27895
Dear Mr. Little:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 55 in Wilson County:
Site Permanent Fill
Total 0.01
Mechanized C
0.02
Total Wetland Impact for Project: 0.03 acres.
Site Zone 1 Impact
s ft)
Totals 3205
Neuse Rioarian Buffer Im
Zone I Bidfer Mitigation
teauired lusine 3:1 ratic
N/A
Zone 2 Impact
1577
* n/a = Total for Site is less than I/3 acre and 150 linear feet of impact, no mitigation
Total Buffer Impact for Projech 4782 square feet.
0.03
Zone 2 Buffer Mitigation
.eauired (usine L5:1 rati�
N/A
The project shall be cons[ructed in accordance with your applica[ion received February 12, 2015. After reviewing
your application, we have decided tha[ these impac[s are covered by General Wa�er Quality Cer[itica[ion Number
3883. This certification corresponds to die Nationwide Permit 3 issued by the Corps of Engineers. This approval is
also valid for the Neuse Riparian Buffer Rules (ISA 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 [o) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. 'Chis approval will expire wi[h the
accompanying d04 permit.
1617 Mail Service Center, Raleigh, Nodh Carolina 27699-1017
Phone: 919-807-63001 IntemeP, www.ncdenr.gov
An Equal ODPOrlunity 1 ARrmative Ac�on Employer
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 weNand 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 boffer impacts may require compensatory mitigation
as described in I SA NCAC 2B.0242(9). For this approval to remain valid, you must adhere to the conditions listed
in the attached certification and any additional conditions listed below.
Conditions of Certifcation:
l. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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. [ISA NCAC 02H.OS01 and .0502]
2. As a condition of this 401 Water Qualiry Certification, the bridge demolition and construction must be
accomplished in s[rict compliance with the most recent version of NCDOT's Best Management Practices for
Cons[ruction and Maintenance Activities. [I SA NCAC 02H .0507(d)(2) and ISA 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 sVeam. Please refer to the most current version of Stormwater Best Managemenr Practices. [ I SA
NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)]
4. Bridge piles and ben[s shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from
Ihe NCDWR first. [15A NCAC 02H.0506(b)(2)]
5. 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 propedy. [15A NCAC 02H .0506(b)(3)
6. 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. This condition can be waived with prior approval from the
NCDWR. [15A NCAC 02H .0506(b)(3)
7. All stormwater runoff shall be directed as sheetFlow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [ISA NCAC 2B.0233]
8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction conrours 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 constructioa [ I SA NCAC 2B.0233]
9. Pursuant to I SA NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any
Neuse Buffer without prior approval by Ihe NCDWR. At this time, the NCDWR has approved no sediment and
erosion control devices in Zone l, 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 tha[ Zone 1 is not
compromised and that discharge is released as diffuse flow.
10. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact be[ween
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. [ I SA NCAC 02B.0200]
1 l. 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. [ I SA NCAC 02H.0506(b)(2)]
12. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored ro natural geomorphic conditions. [ISA NCAC 02H.0506(b)(2)]
13. 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. [ I SA
NCAC 02H.0506(b)(2)]
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the pemiit drawings
submitted for approvaL [ISA NCAC 02H .0507 (c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)]
15. All work in or adjacent to stream waters shail 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 shali be used to prevent excavation in flowing water. [ISA NCAC
02H.0506(b)(3) and (c)(3)]
16. 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)]
17. All mechanized equipment operated near surface waters must be regularly inspected and main[ained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ISA NCAC
02H.0506(b)(3)]
l8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [ I SA NCAC 02H.0506(b)(3)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
20. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water qoality
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. [ISA NCAC 02B.0200]
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [ I SA NCAC 02H.0506(b)(2)]
22. 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 subseqoent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager. [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
23. i he 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 govemment 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 (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(�]
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)]
27. There shall be no excavation from, or waste disposal into, jurisdictional wedands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or bomow sites, be
Iocated in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construc[ion activities.[15A NCAC 02H.0506(b)(3) and (c)(3)
28. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such E3est Management P�actices in order to protect surface
waters standards [ISA 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 Cm�o(ina Sedime��t and Erosion
Conlrol Plnnnii�g ni�d Desrgn Manunl.
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
Noi7h Cnrolinn Sediment and Erosion Conhol Mam�cd. The devices shall be maintained on all
wnstrue[ion sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
bon�ow pits associa[ed with the project.
a For borrow pit sites, the erosion and sediment conhol measures mus[ be designed, installed, operated,
and maintained in accordance with tlie most recent version of [he No��th Cm�olina Sanface Mining
Mnm�rd.
d. The reelamation measures and implementa[ion must comply with Ihe reclamation in accordance with
the requirements of the Sedimentation Pollu[ion Control Act.
29. Sediment and erosion control measures shall not be placed in weNands or waters unless otherwise approved by this
Certificatioa [15A NCAC 02H.0506(b)(3) and (c)(3)
If you wish to contest any statement in the attaehed 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 B:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of Ihe petition must be filed with the Office of
Administra[ive Hearings.
The peti[ion may be faxed-provided [he original and one copy of the documen[ 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
67I4 Mail Service Center
Raleigh, NC 27699-6714
Telepho�e: (919)-431-3000, Facsimile: (919)-431-3100
A copy of [he pe[ition mus[ also be served on DENR as follows:
Mr. Sam M. Hayes, Generzl Counsel
Depar[ment of Environment and Na[ural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resom�ces under Section 401 of the Clean Water Act If you
have any questions, please con[act Rob Ridings a[ 919-707-8786.
Sincerely,
��
J , ! �'
(,J, t v'l /�/�1/r?v� �,•� '
i �
S. Jay �mmerman, � irector
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Anny Corps of Engineers, Washington Field Office
Chad Coggins, Divisioii 4 Environmental Ofticer
File Copy
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
NCUWR Project No.:
ApplicanL•
Project Name:
Date of Issuance oP 401 Water Quality CertiPcation:
County:
Donald van der Vaart
Secre(ary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ modifications, [he applican[ is required to return [his certificate to the 401 Transpo�laCion Permit[ing
Unit, Norlh Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWR by the applicant, the applicanYs au[horized agent, or [he projec[ engineer. It is no[
necessary to send certificates from all of these.
ApplicnnPs Certlficnfian
I, , hereby state that, to lhe best of my abilities, due care and diligence
was used in the observation of the construction such that the consh'uction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, znd other supporting materials.
Signa[ure: _ _ _ Date:
AgenPs Certifrentia�
�, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that the consh'uction was observed to be built within substantial
compliance anci intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and o[her supporting materials.
Signature:
E�igineer's CeAiftcntia��
Partial Final
Date:
�, , as a duly regis[ered Professional Engineer in the Sta[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) [he construction of tlie project for [he
Pennittee hereby state that, to the best of iny abilities, due care and diligence was used in the observation of the
construction such that the consh'uction was observed to be built within substantial compliance and intent ofthe 401
Water Quality Certification and I3uffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Regis[ra[ion No.
1617 Mail Service Cen�er, Raleigh, Nodh Carolina 27699-1617
Phone'. 919�07-630011ntemef. www.ncdenr.gov
An Equal OpPodumly 1 AHumaGve Action Employer