HomeMy WebLinkAbout20170837 Ver 1_Approval Letter_20170724 (2)� �
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ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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July 24. 2017
Wayne County
NCD W R Project No. 20170837
US 117 at SR 1120
TIP No. U-5796
APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h 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 aceordance wi[h [he condi[ions listed below, for [he following impacts for the purpose of
an in[erchange at US I 17 a[ SR I 120 in Wayne County:
Wetland Im acts in the Neuse River Basin
Permanent Fill Excava[ion Mechanized Clearing Hand Clearing
0.001 I O.OU4 I 0.028
Total Wetland Impact for ProjecC O.t33 acres.
0.100
Total Wetland
Im�ac[ (acl
0.133
The projec[ shall be construc[ed in accordance with your application received July 6, 2017. After reviewing your
application, we have decided tha[ these impac[s are covered by General Water Quality Certification Number 4088.
This certifica[ion corresponds to the Na[ionwide Permit 14 issued by the Corps of En�ineers. In addition, you
should acquire any other federal, sta[e or local permits before you proceed with your project including (but not
limi[ed to) Sediment and Erosion Control, Non-Discharge and Water Supply Wa[ershed regulations. This approval
will expire wi[h [he accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should yourproject change, you must notify the NCDWR and submit a new application. If[he property is sold, the
new owner mus[ be �iven a copy of this Certification and approval let[er, and is thereby responsible for complying
with all [he conditions. If [otal wedand fills for this project (now or in the Future) exceed one acre, or of total
impacts to streams (now or in the fu[ure) exceed I50 linear fee[, compensatory mi[iga[ion may be required as
described in ISA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mi[igation
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:
Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is
not a co�cem, shall not be buried. These pipes shall be installed at natural ground elevation. [15A
NCAC ?H.0>06(b)(2-3)]
Slnie of Nonh Carolina I Emironmentai Quality
I G 17 Mail Service Cenrer I Raleigh. North Carolina 27699-1617
2. 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]
3. 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. [15A NCAC 02H.0506(b)(2)]
4. 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
(�)(2)]
5. 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)]
6. 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)]
7. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] '
8. 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 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. [15�A NCAC 02B.0200]
9. 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)]
10. 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)]
11. 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. [15A NCAC 02H.0501 and .0502]
12. 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.
13. 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)]
14. 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( fl]
15. Native riparian vegetation 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)]
16. T'here 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 conswction activities.[15A NCAC 02H.0506(bx3) and (cx3)]
17. 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 [ I SA NCAC 02H.0506(bx3) 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 requ'vements specified in the most recent version of the
North Carolina Sedrment and Erosion Contro! ManuaL T'he devices shall be maintained on all
consavction sites, borrow sites, and waste pile (spoil) projects, including contractorowned or leased
borrow pits associated with the project.
c. For bottow 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 reclarnation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certificatioa [15A NCAC 02H.0506(bx3) and (cx3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Adminisdative hearings. You must file the petition
with the office of Administrative Hearings within siuty (60) days of receipt of this no[ice. A petition is considered
filed when it is received in the office of Administrative Heazings during normal office hours. 7'he Office of
Administrative Hearings accepu filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
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 fa�ced transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Qualiry
1601 Mail Service Center
7'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
1
�r„`_ � _
S. ay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Emironmental Officer
File Copy
Environrnentui
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance ot �01 Warer Quality Certification:
County:
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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Certificate of Completion
Upon completion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules, and
any subsequent moditications, the applicant is required to retum this certiticate ro the 401 Transportation Pennitting
Unit. North Carolina Division of Water Resources. I617 Mail Service Center, Raleigh, NC. 27699-1G17. This form
may be returned [o NCDWR by the applican[, [he applicanCs authorized aeent, or [he project eneineec It is no[
necessary lo send certificates from all of these.
.ApplicmiPs Cerlifrcalion
L , hereby state that, to the bes[ of my abilities, due care and diligence
was used in the observation of [he construc[ion such that [he construction was observed to be huil[ within substantial
compliance and in[en[ of [he 401 Wa[er Quality Certitication and l3uffer Rules, the approved plans and
specitications.. and other supportino materials.
Sienature: Date:
.4Rer7!'S Certifcalinn
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the consVuction such that the construction was observed to be built within sabstantial
compliance and inrent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and o[her supportin� materials.
Signature: Da[e:
Errgineer's Certifiea�inii
Partial Final
I, , as a duly registered Professional Engineer in [he Statc of North
Carolina, having been au[horized ro observe (periodically, weekly, tull time) the construc�ion of the project for [he
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 J01
Water Quality Certificatioo and Buf%r Rules, the approved plans and specitications, and other supportine marerials.
Signature
Date
Re;istration No.
Stalc of Nonh Carohna I P.nvvonmontal f)uahn�
1617 Mail Scrvice Cen[zr I Raleigh. Nonh Carolina 27699-1617