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Home My WebLink About20120531 Ver 1_Approval Letter_20120628r if { MCDENR � L � North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman t Governor Director Secretary d� f June 28 2012 Lenoir County i DWQ Project No 20120531 ' Bridge 32 over Deep Run TIP BD 5102 M � 5 7 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr Jay Johnson North Carolina Department of Transportation P O Box 1587 Greenville NC 27835 Dear Mr Johnson + I You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge Number 32 over Deep Run on SR 1141 (John Greene Smith Rd ) in Lenoir County Buffer and Wetland Im acts in the Neuse Basin The project shall be constiucted in accordance with your application dated received May 31 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Ntmmber 3883 This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Neuse Riparian Buffer Rules (15A 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 expire with the accompanying 404 permit %[ i 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 DWQ 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 tills for this project (now or in the future) exceed one acie or of total impacts to streams (now or in the future) exceed 150 linear feet compensatory mitigation may be required as described m 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to the conditions listed in the attached certification The issuance of this certification does not exempt the Perinittee from complying with any and all statutes rules regulations or ordinances that may be imposed by other government agencies (i a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc z North Carolina Division of Water Quality Internet www.ncwaterqu4l -4y,,Qrg 943 Washington Square Mall Phone 252 946 6481 Washington NC 27889 FAX 252 94( 9215 NorthCarohna An Equal Opportunity/Affirmative Action Employer —50/ Recycled /10/ Post Consumer Paper Naturally Wetland Site Number Buffer Zone i Buffer Zone 2 Wetland Hand Clearing (sq ft) (sq ft) Fill (ac) ac Bridge 32 840 1074 045 083 Net Total 1,914 013 Impacts The project shall be constiucted in accordance with your application dated received May 31 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Ntmmber 3883 This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Neuse Riparian Buffer Rules (15A 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 expire with the accompanying 404 permit %[ i 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 DWQ 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 tills for this project (now or in the future) exceed one acie or of total impacts to streams (now or in the future) exceed 150 linear feet compensatory mitigation may be required as described m 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to the conditions listed in the attached certification The issuance of this certification does not exempt the Perinittee from complying with any and all statutes rules regulations or ordinances that may be imposed by other government agencies (i a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc z North Carolina Division of Water Quality Internet www.ncwaterqu4l -4y,,Qrg 943 Washington Square Mall Phone 252 946 6481 Washington NC 27889 FAX 252 94( 9215 NorthCarohna An Equal Opportunity/Affirmative Action Employer —50/ Recycled /10/ Post Consumer Paper Naturally Page 2 of 4 2 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 DWQ 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 DWQ may reevaluate and modify this certification 3 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval 4 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 5 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 t 6 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 7 The outside buffer wetland or water boundary located within the construction corridor approved by this certification 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 8 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 9 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 10 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 1 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of i ' stream waters from fuels lubricants hydraulic fluids or other toxic materials 12 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 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 requirements specified in the most recent version of the North Carolina 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 must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 13 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 14 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 16 Native riparian vegetation (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 season following completion of construction Page 3 of 4 t j 17 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this certification without appropt Late 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 ; i 18 Strict adherence to the most recent version of NCDOT s Best Management Practices 1 or Bridge Demolition and Removal ti approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification � 4 19 Bridge piles and bents shall be c onstruc,tc,d 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 NCDWQ 5 20 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this ; 3 certification 21 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 Stormwater Best Management Practicev 22 All stormwater tunoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved by this certification 23 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and erosion control devices in Zone 1 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 ieleased as diffuse flow ` 24 All i ipat ran buffers impacted by the placement of temporary till or clearing activities shall be restored to the preconstruction contours and revegetated Maintained buffers shall be permanently revegetated with non woody species by the tnd 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 construction 25 The Permtttee shall report any violations of this certification to the Division of Watei Quality within 24 hours of discovery 26 Upon completion of the project (including any impacts at associated borrow or waste site) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notity DWQ when all work included in the 401 Certification has been completed 27 A copy of this Water Quality Certificatton shall be maintained on site at the construction site at all tines 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 If you do not accept any of the conditions of this certification you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing send a written petition that conforms to Chapter 150B of the Not th Carolina Genet al Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 This certification and its conditions are final and binding unless you ask for a hearing This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please contact Garcy Ward at (252) 948 3922 { �Si cerely for Chu k W N(L, Attachments (General Certification and Certificate of Completion form) cc Jay Johnson DOT Division 2 Environmental Officer Tom Steffens US Army Corps of Engineers Washington field Office Sonia Carrillo DWQ Transportation Permitting Unit File Copy f ,t s DWQ Protect No Applicant Project Name Date of Issuance of 401 Water Quality Certification County Page 4 of 4' 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 401 Transportation Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these Applicant's Certification 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 r� � qa t Agent's Certification 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 Engineer's Certification Date 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 Permttee 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 Registration No