HomeMy WebLinkAbout20200220 Ver 2_Approval Letter_20210506 DocuSign Envelope ID:831920DA-DBC3-489A-8E2E-2C03329734F0
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ROY COOPER
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Governor
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DIONNE DELIL-GATTI iv'.Secretary #4.9.01011
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S. DANIEL SMITH NORTH CAROLINA.
Director Errwfonfnent&l'
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May 6,2021
Pitt County
NCDWR Project No.20200220 v.2
Bridge No. 87 on NC 33
TIP B-5301
REISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Chris Rivenbark
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,NC 27699-1598
Dear Mr.Rivenbark:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of replacing
Bridge No. 87 over the Norfolk Southern railroad on NC 33 in Pitt County:
Wetland and Open Water Impacts in the Tar-Pamlico River Basin
Wetland Fill Wetland Wetland Open Water Open Water
Site (ac) Mechanized Hand Permanent Temporary
Clearing(ac) Clearing(ac) (ac) (ac)
1 0.679 0.067 I 0.258 --
2 -- -- I -- I 0.018 0.003
3 -- 0.002 I 0.001 I -- --
Total 0.679 0.069 I 0.259 I 0.018 0.003
Net Total 1.01 I 0.021
The project shall be constructed in accordance with your application dated received February 11,2020,revised application
received April 15,2020 and reissuance request dated April 12,2021. After reviewing your application,we have decided that
these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the
Regional General Permit 201902350 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.
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 future)
exceed 300 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.0259.For this approval to
remain valid,you must adhere to the conditions listed in the attached certification(s)and any additional conditions listed
below.
Q 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
919.707.9000
DocuSign Envelope ID:831920DA-DBC3-489A-8E2E-2C03329734F0
Condition(s)of Certification:
1. 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.
2. 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)]
3. 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 downstream of the above structures.The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction,please contact 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)]
4. 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)]
5. 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]
6. 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)]
7. 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)]
8. 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)]
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. 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]
a. 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.
b. 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.
c. 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.
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
919.707.9000
DocuSign Envelope ID:831920DA-DBC3-489A-8E2E-2C03329734F0
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.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs),SA,W S-1,W S-11,High
Quality Waters (HQW), or Outstanding Resource Waters (ORW),then the sedimentation and erosion control
designs shall comply with the requirements set forth in 15A NCAC 04B .0124,Design Standards in Sensitive
Watershed. [15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135]
11. 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)]
12. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples,stakes,or wherever possible live stakes of native trees.
Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0201]
13. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,then design and placement
of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands, stream beds,or banks,adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed from wetlands and waters and the natural grade restored within two(2)months
of the date that the Division of Energy,Mining and Land Resources(DEMLR)or locally delegated program has
released the specific area within the project. [15A NCAC 02H.0506(b)(3)and(c)(3)]
14. As a condition of this 401 Water Quality Certification,the bridge demolition and construction 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 15A NCAC 02H.0506(b)(5)]
15. 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)]
16. 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)]
17. 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. [15A NCAC 02H.0506(b)(3)
18. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements of the
NCG01000.
19. 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)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]
21. 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]
22. 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)]
Q 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
919.707.9000
DocuSign Envelope ID:831920DA-DBC3-489A-8E2E-2C03329734F0
23. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and
essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff shall be invited
to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)]
24. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division Engineer
shall complete the"Certification of Completion Form"to notify the NCDWR when all work included in the 401 Certification
has been completed. [15A NCAC 02H.0502(f)]
25. 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)]
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 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 Hearings during normal office hours. The Office of Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00am and 5:00pm,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 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 Quality
1601 Mail Service Center
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 Garcy Ward at(252)948-3917 or garcy.ward@ncdenr.gov.
Sincerely,
by:
0 wu� Un,upw A,
'-9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens,US Army Corps of Engineers,Washington Field Office
Jay Johnson,Division 2 Environmental Officer
Colin Mellor,NC Department of Transportation
Garcy Ward,NC Division of Water Resources Washington Regional Office
" C
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
919.707.9000