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Home My WebLink About20181548 Ver 1_Approval Letter_20181119ROY COQPER ,f,ov� rrtar MICHAEL S. REGAN s�.�ra►y LINDA GULPEPP�R ln�erfm Da'rertor NORTH CARO�INA Ertr�ron�rren�c! Quallty November ]9, 2018 Johnston County NCDWR Project No. 20181548 Bridge 277 on SR 1399 TIP No. 8-5997 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIOIVAL CONDITIONS Mr. Ronnie Keeter, PE, Division En;ineer NCDOT Division 4 PO Box 3165 Wilson NC 27828 Dear Mr. Keeter: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 277 in Johnston County: Wetland Im acts in the Neuse River Basin Site Permanent Fill (ac) Mechanized Clearing (ac) Total 0.01 0.01 Total Wetland Impact for Project: 0.02 acres. Site Totals Totai Wetland Im 0.02 Neuse Ri ar�an Buffer Im acts Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation (sg ft) Re uired (usin� 3:1 ratio) (s ft) Re uired (using 1.�:1 ratio) 1729 N/A 1084 N/A * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no miti�ation required Total Buffer Impact for Project: 2813 square feet. [� E��,� :%�rs� J 6aF.�saa trav�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707 9000 The project shall be constructed in accordance with your application received November 14, 2018. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4133. This certification corresponds to the Nationwide Permit 3 issued by the Corps of En'ineers. This approval is also valid for the Neuse Riparian Buffer Rules ( I SA 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 eYpire with the accompanying 404 permit. This approval is valid solely for the purpose and desi�n described in your application (unless modified below). Should your project chan�e, 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. lf total wetland fills for this project (now or in the future) eYceed 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 buffer impacts may require compensatory mitigation as described in 1 SA NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Conditions of Certification: 1. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revejetated with appropriate native species. [ I SA NCAC 02H .0506(b)(2)] 3. As a condition of this 401 Water Quality Certitication, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Mana�ement Practices for Construction and Maintenance Activities. [l5A NCAC 0?H .0507(d)(2) and 15A NCAC OZH .0�06(b)(5)j 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. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolina Department of Tr•ansportntion Sto��m�vater Best ��crnagement Practices Toolbos manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. 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 properly. [] SA NCAC 02H .0506(b)(3) 5. All stormwater runoff shall be directed as sheetflow through stream buFfers at non-erosive velocities, unless otherwise approved by this certification. [l5A NCAC 2B.0233] 6 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently reve�etated 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 includin; mowinb. The area with non-maintained buffers shall be permanently revegetated with native woody species before the next ;rowing season following completion of construction. [15A NCAC 2B.0233] �D � C��,� .��.�..�,�y��-,,�,� North Carolina Department ot Environmental Quality I Division of Water Resources =,12 Noith Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-16�:' 919.707 9000 7. Pursuant to l5A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone ], 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 1 is not compromised and that discharge is released as diffuse flow. 8. If concrete is used durin� construction, a dry work area shall be maintained to prevent direct contact bet�veen 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] 9. 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)] 10. 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 �eomorphic conditions. [l�A NCAC 02H.0506(b)(2)] 11. The use of rip-rap above the Normal Hi;h 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. [15A NCAC 02H.0506(b)(2)] 12. The Permittee shall ensure that the final desi�n 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 (c)(2)] 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures fi�om the most current version of NCDOT Construction and Maintenance Activities manual such as sandba�s, 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)] 14. 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. [ 1 SA NCAC 02H.0506(b)(3)] 15. 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 toric materials. [ISA NCAC 02H.0506(b)(3)] 16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ 15A NCAC 02H.0506(b)(3)] 17. Dischar�ing hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 18. 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] 19. 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 02HA�06(b)(2)] �� d- _ _ ..�-.�-�--a-�.� �.ti, �"' .,,,�. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center � Raleigh. North Carolina 27699-16i` 919.707 9000 30. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [n addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division En;ineer and the on-site project manager. [ l5A NCAC 02H .0507(c) and 1 SA NCAC 0?H .0�06 (b)(�) and (c)(2)] 21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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 .0�02] 22. 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. 23. The Permittee shall report any violations of this certification to the Division of Water Resources witllin 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 24. 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] 25. 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 followin� completion of construction. [ I SA NCAC 02B.0233(10)] or [ I SA NCAC 02B.0506(b)(2)] � 26. There shall be no ercavation 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 I�cated in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] 37. Erosion and sediment control practices must be in full compliance with al] specifications governin� the proper desi�n, installation and operation and maintenance of such Best Mana�ement Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control measures for the project must be desi�ned, installed, operated, and maintained in accordance with the most recent version of the North Carolinn Secliment nnc� Erosia7 Control Plnn��ing 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 most recent version of the No�•th Ca�•olinn Sediment and Ei•osion Ca�trol [�1anz�nl. 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 must be desi�ned, installed, operated, and maintained in accordance with the most recent version of the North Caf-olina Su�_face 11�1ining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 28. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)] I�t� "'Q�,� .�.� _�,�_� �� North Carolina Department of Envfronmental Quallty Division of Water Resources 512 North Salisbury Street 1617 Mail Service C2nter Raleigh, North Carolina 27699-1617 919 707.9000 29. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 1 13A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sedi3rent and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [l5A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B.0200] 30. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the Nortl� Carolrna Sedin7ent and E��osion Contro! Mu�7unl, or for linear transportation projects, the NCDOT Sediment and Erosion Cond�o! N1cu�ual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor- owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the No�•th Cnro/ina Si�rf'nce Mini��g AIn�7tral. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02HA�06(b)(3) and (c)(3); GC 413�] 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 fi•om 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 Hearin�s durinb normal office hours. The Office of Administrative Hearings accepts filings Monday throu�h Friday between khe 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 faxed trans►nission. The mailin� address for the Office of Administrative Hearin;s 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 Quality 1601 Mail Service Center � ��\�� ry. 1 'Y i �s-t.�+—.H' �.s�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-161: 919.707 9000 This 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, � � {, } ` ' � /'�,-�� \ �<� in�1a ul��ep�er, Int rim Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chad Coggins, Division 4 Environmental Officer File Copy �� ttw��M N ! Y �Y�tl� North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER Governar MICHAEL S. REGAN ,S¢cretar�� UNQA CULP€PPER Infe►�m Lfirert�or rvaRrH caaa�irva Envlronnreretaf Quaftiy NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 40 ] Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. [t is not necessary to send certificates from all of these. Applicant's Cerlification I, . hereby state that, to the best of my abilities, due care and dili�ence 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: Date: Agent's Certifieation 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 substantial 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 Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) 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 the construction such that the construction was observed to be bui1t within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Signature Date Registration No. �� :.�..�..<...�� .�� North Carolina Departinent of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh. North Carolina 27699-1617 919.707.9000