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Home My WebLink About20201750 Ver 1_Approval Letter_20210323 DocuSign Envelope ID: 10B8AC1A-88DE-4F55-891F-AE1E85898305 DFs t STATE UFkD ROY COOPER s �� Governor �S DIONNE DELLI—GATTI ,an , �.' Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality March 23,2021 Johnston County NCDWR Project No.20201750 Providence Boulevard APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr.Kevin Dougherty Eastfield Associates,LLC 111 West Oak Street Selma,NC 27576 Dear Mr.Dougherty: You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of construction of Providence Boulevard from US 70 Alt to SR 2305 in Johnston County: Stream Impacts in the Neuse River Basin Site Permanent Fill in Perennial Stream Temporary Fill in Perennial Total Stream Impact (linear ft) Stream(linear ft) (linear ft) 1 67 0 67 Total 67 0 67 Total Stream Impact for Project: 67 linear feet. Wetland Impacts in the Neuse River Basin Site Permanent Impact(ac) Temporary Impact(ac) Total Wetland Impact(ac) 1 0.39 0 0.39 Total 0.39 0 0.39 Total Wetland Impact for Project: 0.39 acres. The project shall be constructed in accordance with your application received March 3,2021. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 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. j North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROUNA Department of Environmentel on.ury 919,707.9000 DocuSign Envelope ID: 10B8AC1A-88DE-4F55-891F-AE1E85898305 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. [15A NCAC 2H.0507(d)(2)]. The permittee shall report to DWR any noncompliance with,or any violation of,stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. 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 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 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: 1.Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams,shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2.If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] 3.Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. [15A NCAC 02H.0506(b)(2)] 4 For any streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 5.The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks,as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 6.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] 7.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)] 8. 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. [15A NCAC 02H.0506(b)(2)] 9.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. [15A NCAC 02H.0506(b)(2)] 10.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(c)(2)] 11. 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)] N Colina Department of Environmental Quality 1 Division of Water Resources NORTH CAROUNAD 512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Department of Environmentel ou.ury 919.707.9000 DocuSign Envelope ID: 10B8AC1A-88DE-4F55-891F-AE1E85898305 12.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)] 13. 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)] 14.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)] 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 16.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] 17. 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)] 18. 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 on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H.0506(b)(2)and(c)(2)] 19. 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.0502] 20. 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. 21. 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)] 22. Upon completion of the project(including any impacts at associated borrow or waste sites), the permittee 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(f)] 23. 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.0506(b)(2)] 24. There 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 construction activities. [15A NCAC 02H.0506(b)(3)and (c)(3)] 25. 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)] j North Carolina Department of Environmental Quality 1 Division of Water Resources D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROUNA Department of Environmentel ou.ury 919,707.9000 DocuSign Envelope ID: 10B8AC1A-88DE-4F55-891F-AE1E85898305 26.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 [15A 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 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. 27.When applicable,all construction activities shall be performed and maintained in full compliance with G.S.Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).Regardless of applicability of the Sediment 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. [15A NCAC 02H.0506{b)(3)and(c)(3)and 15A NCAC 02B.0200] 28. 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 North Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the NCDOT Sediment and Erosion Control Manual. 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 North Carolina Surface Mining Manual. 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 02H.0506(b)(3)and(c)(3);GC 4135] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. One(1)copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 j North Carolina Department of Environmental Quality i Division of Water Resources D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROUNA Department of Environmentel ou.ury 919,707.9000 DocuSign Envelope ID: 10B8AC1A-88DE-4F55-891F-AE1E85898305 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 2H.0500. If you have any questions,please contact Rob Ridings at rob.ridings@ncdenr.gov. Sincerely, S.Daniel Smith, Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers, Raleigh Field Office William Wescott,Wescott Environmental Services File Copy D j North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROUNA Deparhnert of Environmentel ou.ury 919,707.9000 DocuSign Envelope ID: 10B8AC1A-88DE-4F55-891F-AE1E85898305 NCDWR Project No.: County: Applicant: Project Name: 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 401 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. 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: 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: 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 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 Registration No. Date - j North Cna Department of ironment Quality 1 Resources NORTH CAROUNAD 512 North Salisburyaroli Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617 Department of Environmentel ou.ury 919.707.9000