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Home My WebLink About20150194 Ver 1_Approval Letter_20150317Paf McCrory Governor �,�� w NCDENR North Carolina Department of Environment and Natural Resources Donald van der Vaart Secrefary March 17, 2015 Wilson County NCDWR Projec[ No. 20150194 Bridge Slon SR 1302 State Project No. 176P.4.R.56 APPROVAL of 401 WATER QUALITY CERTIFICATION and NCUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Tim Little, P.E., Division Engineer NCDOT, Division 4 PO E3ox 3165 Wilsoii, NC 27895 Dear Mr. Little: You have our approval, in accordance with [he condi[ions lis[ed below, for lhe following impac[s for [he pin'pose of replacing Bridge SI in Wilson Counry: Site � Permanent Fill (acl � M Total Total 0.01 in the Neuse River Basin 0.01 Total Wetland Impact for Project: OA2 acres. Sh•eam Impacts in the N� Imoact to Perennial Stream 55 Total Stream hnpact for Project: 55 linear feet. Site � Zone I Impact Totals I 4018 Ncuse Riparian I3uffer Zone I Buffer Mitigation tenuired (usin¢3:1 ratiol N/A * n/a = Total for Site is less than U3 acre and I 50 linear feet of Total Buffer Impact for Projech 6371 square feet. Zone 2 Impact (sq ft) 2353 innact, no mitie Total Wetland Im 0.02 55 Zonc 2 6uffer Mitigation :equired (usine L5:1 rati� requ N/A The project shall be consL�ucted in accordance with your application received February 12, 2015. Alier revierving your application, we have decided that these impac[s are covered by General Water Quality Cer[ification 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 I3uffer Rules (I SA NCAC 2B.0233). In addition, you should acquire any other federal, slate or local perinits before you proceed wilh yow� projecl including (but nol limited to) Sediment and Erosion ConLrol, Non-0ischarge and Water Supply Walcrshed regulations. This approval will expire with die accompanying 404 permil. 1617 Mail Service Center, Raleigh, Norlh Carolina 27699-1617 Phone: 919-807-63001 Inteme�: www.ncdenr.gov An Equal Oppotluni�y 1 Affnnative Aclion 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 wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the fumre) 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 26.0242(9). For this approval [o remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 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 au[horized by this certification. [ISA NCAC 02H.0501 and .0502] 2. As a condition of this 401 Water Quality Certification, the bridge demolition and constmction 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 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 stream. Please refer to the most current version of Stornrwater Best Mnnagement Prnctices. [ l5A NCAC 02H .0507(d)(2) and ISA NCAC 02H .OS06(b)(5)] 4. Bridge piles and bents 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 the 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. [ I SA 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 stonnwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [ I SA NCAC 2B.02330] 8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored [o the preconstruction contours and revegetated. Maintained buffers shall be permanenNy 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 activi[ies including mowing. The area with non-maintained buffers shall be permanenHy revegetated with native woody species before the next growing season following completion of construction. [ISA 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 Tar-Pamlico Buffer without prior approval by the NCDWR. At this time, the NCDW R has approved no sediment and erosion control devices in Zone I, outside of the approved project impacts, anywhere on [his projecL Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone I is not compromised and that discharge is released as diffuse flow. l0. 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 inadvertendy contacts uncured concrete shall not be discharged to surface waters due to [he potential for elevated pH and possible aquatic life and fish kilis. [15A NCAC 02B.0200] I I. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or pro[ected riparian buffers [ISA 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 to natural geomorphic conditions. [ISA NCAC 02H.0506(b)(2)] 13. The use of rip-rap above the Nonnal 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 Ncnc ozH.osob(e)(2)] 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [ISA NCAC 02H .0507 (c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)] I5. All work in or adjacent to stream waters shall be conduc[ed 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. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] I6. 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. ( I SA NCAC 02H.0506(b)(3)] 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, Iubricants, hydraulic fluids, or other toxic materials. [ISA NCAC 02H.0506(b)(3)] 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certifica[ion. [15A 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 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] 21. 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)] 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 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)] 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 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. [I SA 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 cotnplete and return the enclosed "Certification of Completion Form" [o notify [he NCDWR when all work included in the 401 Certification has been completed. [ISA 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 Ihe 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 wetlands or waters associated wi[h 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.[ISA NCAC 02H.0506(b)(3) and (c)(3) 28. Erosion and sediment control practices must be in full compli2nce with all specifications governing the proper design, ins[allation and operation and maintenance of such Bes[ Management Prac[ices in order to pro[ect 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 Cnrolina Sedrnren( nnd Erosion Contro[ Planning nnd Desrgn Manunl. b. The design, installation, opera[ion, and maintenance of Ihe sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the Nordi Cm�olina Sedin�ent nnd Erosion Control M�rnaa(. "rhe devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contracror-owned or leased borrow pits associated with the project. a For bonow pit sites, tl�e erosion and sediment conG'ol measures must be designed, installed, operated, and maintained in accordance wilh lhe mos[ recent version of the North Curo(inn Smface Mining Mnnunl. 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 waters imless otherwise approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3) If you wish to con[est any statement in tl�e atlached Certification you must file a petition for an administrative hearing. You may obtain the petition fonn fi'om the office of Adminishative 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 Adminis[rative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of Adininistrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by Ihe Office of AdminisVative Hearings within five (5) business days fellowing the faxed traesmission. The mailing address for Ihe Office of Administrative Hearings is: Office of Adminislrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-431-3000, �acsimile: (919)-431-3100 A copy of the petition must also be seived on DENR as follows: Mr. Sam M. Hayes, General Cowiscl Depar[men[ of Environmen[ and Nalural Resources 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Seetion 401 of the Clean Water Act. If you have any questions, please con[act Rob Ridings at 919-707-8786. Sincerely, � �� r-��,,. �E��-- S. �y Zimmert�, Director Division of Water Resources Electronic copy only distribu[ion: Tom Steffens, US Army Corps of Engineers, Washing[on Field Office Chad Coggins, Division 4 Environmen[al Officer File Copy ��F�� NCDENR North Carolina Department of Environment and Natural Resources Pal McCrory Governor NCDWR Project No.: Applicanh Project Name: Date of Issuance of 401 Water Quality Certification: County: Donald van der Vaart Secrelary Certificate of Completion Upon completion of alI work approved within the 401 Water Quality Ceitification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to Ihe 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This fonn 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 Ihese. Applicm�Ys Certificnlio�i 1, , 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: Da[e: Agei�l's Certrfrcntion I, , hereby state that, to the best of my abilities, due care and diligence was used in [he observation of the construc[ion such [hat [he consVUCtion was observed [o be built within substantial compliance and intent of the 401 Water Quality Certitication and Buffer Rules, the approved plans Tnd specitications, znd other supporting materials. Signa[ure: Da[e: Engineer's Certifrcnlio�e Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) Ihe construction of tl�e 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 lha� the construction was observed to be built within substantizl compliance and intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and specifications, and other sup�orting materials. Signa[ure Date Registration No. 1617 Mail Service Center, Raleigh, North Carollna 27699-1617 Phone: 919-807-63001 IntemeP. www.ncdencgov An Equal OpPOdunily 1 ARrmalive Aclion Employer