HomeMy WebLinkAbout20141237 Ver 1_Approval Letter_20141230NCDENR
North Carolina Department of Environment and'Naturd Resources
Pat McCrory John E. Skvaria, III
Governor Secretary
December 30, 2014
Wilson County
NCDWR Project No. 20141237
Bridge 119 on SR 1531
TIP No. B-4681
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Richard W. Hancock, P.E., Manager
NCDOT Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 119 in Wilson County:
Wetland Impacts in the Neuse River Basin
Site
Permanent Fill
(ac)
Temporary Fill
(ac)
Excavation
-Aa��
Hand Clearing
(ac)
Total
< 0.01
< 0.01
<0.01
0.02
Open Water (Stream) Impacts in the Neuse River Basin
Site
Permanent Fill in Open
Waters (ac)
Temporary Fill in Open Waters
(ac)
Total
< 0.01
< 0.01
Neuse Riparian Buffer Impacts
Site
Zone I Impact
(sq ft)
Zone 1 Buffer Mitigation
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (usin �.5.1 ratio)
Totals
. . .
456
N/A
203
N/A
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 659 square feet.
The project shall be constructed in accordance with your application received December 3. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 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 (I 5A 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.
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Phone: 919-807-65300 lnlernet: www ncdenr gov
An Equal Oprortunity t Affirinitive Aobn Frnployer
This approval is valid solely for the purpose and design described layour application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. |f 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 v/cUand rills for this project (now orio tile future) exceed one acre, vrvftotal
impacts tontnooms (now orin the future) exceed l50 linear feet, compensatory mitigation may hc required an
described im|5ANCAC2H.U506(h)(6) and (7). Additional buffer impacts may require compensatory mitigation
um described im15&NC&C2B.0242(9). For this approval tu remain valid, you trust adhere tn the conditions listed
io the attached certification and any additional conditions listed below,
Conditions vfCertification:
|. The post-construction removal ofany temporary bridge structures must return the project site mits preconst�ruction
contours and elevations, The impacted areas shall bamvcgdatedwith appropriate native species.
l Strict adherence to tile most recent version of NCDOTs Best Management Practices For Bridge Demolition and
Removal approved hy the NS Army Corps of Engineers iym condition of the 40l Water Quality Certification.
3. Bridge deck drains shall not discharge directly into the stream. StormvvatxrmhuD be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
before entering the utreum. To meet the requirements of0CD0T'oNPDB9 permit NCS00W0250, please refer tothe
most recent version ofthe North Carolina Department «f7}anxl)o,m*/om&vrnvu/er Best Management Practices
Toolbox manual for approved measures.
4. All riparian buffers impacted 4y the placement oftemporary fill or clearing activities shall be restored to the
prcouuut,uotiou contours and rcvegetute6. Maintained buffers shall be permanently ,e,cge|u4udwith nvo-vmmJy
species by tbe end mf the growing season following completion ofconstruction. 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 mox/iug. The area with non- muio{ui tied buffers shall be permanently revegetotedwith
native woody species before the next growing season following completion o[construction.
5. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone l of any
Neuye Buffer without prior approval by the NCDYV8. At this time, tile y4C[}YYR has approved oo sediment and
erosion control devices imZone U, 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 | is not
compromised and that discharge io released uu diffuse flmv.
6. All smonuwmtm runoff shall be directed mmnbcet0onthrough y1mum buffers u|non-erosive velocities, unless
otherwise approved hy this certification.
7. If concrete is used during 000mrucdoo,n dry work area shall 6c maintained toprevent direct contact between
curing concrete and y(/eunnwater. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pf-I and possible aquatic life and fish kills.
0. During the construction of the project, no staging of equipment nf any kind io permitted io waters of tile U.S.,or
protected riparian buffers.
y. 'file dimension, pattern and profile of the stream above and below the crossing shall not bemodified. Disturbed
Hvodp|aimx and streams shall be restored to natural gcomorphicconditions,
10. The use of rip-rap above the Normal High Water Mark shall be minimized, Any rip-rap placed for stream
stabilization abo|| be m|moed |n stream channels in Such x manner that it does not impede aquatic life passage.
||.The Perinittee shal I ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
|2. All work inoradjacent to stream waters shall bo conducted iva dry work area. Approved BMP measures 6om
the most current version of NCDOTConstruction and Maintenance Activities manual SLIch as sandbags, rock bernis.,
cofferdams and other diversion structures shall hu used twprevent excavation im flowing water.
13. Heavy equipment v6u|l be operated from the hooku ru\6mr than in the $rcao/ ohuooe| in order to minimize
sedimentation and reduce the introduction uC other pollutants into the stream,
|4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
coil tam imuivumf stream waters from fuels, lubricants, hydraulic fluids, ar other toxic materials.
15. No rock, sand or other materials obu\| be dredged from the ytrcum xbauue| csuup, where authorized by this
certification.
16, Discharging hydroseed Mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
17, Tile 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, lf the NCDVV0 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, tile NCDWR may reevaluate and modify this
certification.
18. All 0|| slopes |uuutcd in jurisdictional wetlands shall 6o placed ut slopes mo flatter than 3:]. unless otherwise
authorized by this rcrtiOmadoo..
|P. & copy of this Water Quality Certification shall hc maintained oil the construction site u/ all times. III addition, tile
Water Quality Certification and all subsequent umdifiuc¢innn,if any, shall 6c maintained with the Division Engineer
and the on-site project nmoumger.
20, The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization mbuU be clearly marked hy highly visible fencing prior tn any land disturbing activities. Impacts to areas
within the fencing are prohibited unless otherwise authorized by this ooUifiomhmu.
2 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.
22. Tile Pe,miUee shall report any violations oC this certification tothe Division of Water Resources within 24 hours of
discovery.
23. Upon completion of the project (including any impacts at associated borrow or waste xitm). (bc]NCD0T Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWR when all work
included io tile 40l Certification has been completed.
24. Native riparian vegetation (i.e.,trees and shrubs native to YOUr geographic region) must be reestablished in tile
riparian mmao within the construction limits mf the project hythe end of the growing season following completion of
construction,
25. 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, o, access roads <o waste or borrow sites, be
\ucmeJ in wetlands orxtroumn, compensatory mitigation will be required since that immdirect impact from road
construction activities.
26. Erosion and sediment control practices must be in full compliance with all specifications governing tile proper
design, ino\uOuhon and operation and maintenance oCsuch Bout Management Prmodccu im order tv protect Surface
waters standards:
u. The erosion and sediment comUn| measures for the project must be designed, installed, operated, and
maintained in accordance with (hu most n:ocot version of the &loro4 Cmolim. Sediment and 2rookm
Cmnlrol Planning and Design Manual.
h. The design, installation, operation, and maintenance of the sediment and emyiuu control mcneum:o
must be such that they equal, or exceed, tile requirements specified in the most recent version of the
North Cmr*//nu Sediment and Frum/uo {om/nvl &/maxol, The devices ubu|\ be maintained on all
construction oUoo^ borrow sites, and waste pile (ppoil) projects, including contractor-owned or ]eased
borrow pits associated with tile project.
c. For borrow pit sites, the erosion and sediment control m,00umw Must bedesigned, installed, operated,
and maintained in uoomndommc with the most recent version of the North Carolina S,�facx Mining
Manual.
d. The mdumu{ioo measures and implementation must comply with the melumudoo in accordance with
the requirements of the Sedimentation Pollution Control Act.
27. Sediment and erosion control measures shall riot be placed in wetlands or waters unless otherwise approved hythis
K you wish k» contest any statement lm the attached Certification YOU must file e petition for mnadministrative
bearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office uf Administrative Hearings within sixty (60) days of receipt o[this notice. /\petition is considered
filed when it is received in the office ofAdministrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of8:08um and 5:00pm,except
for official state holidays, The original and one (|) copy of tile petition mu$6m filed with the Office ny
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 Offioeof Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Centel-
Raleigh, NC27699-87l4
Telephone: (919)-43 1-3000, Facsimile: (919)-43 1-3 100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment mnd Natural Resources
i60\ Mail Service Center
This letter completes the review of the Division of Water Resources under Section 40lnfthe Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
Division ofWater Resources
Electronic copy only dist6bm(ioo:
Tom Steffens, US Army Corps oyEngineers, Washington PioN 0ffimc
ChmdCo8gimm, Division Environmental Officer (if VV0C not addressed <othem)
Chris Rivumbark,WC Department of Transportation PDEA
File Copy
4 A
fpl
12&=72
HCDENR
North Carolina Department mf Environment aDd Natural Resources
Fat McCrory
Governor
NC0W0Pnjmct No.*
Applicant,
Project Name:
Date of Issuance ut401 Water Quality Certification:
John E. Skvarta, III
Secretary
Certificate of Completion
Upon completion of all work approved within the 4Ul Water Quality Certification orapplicable Buffer Rules, and
any subsequent modifications, the applicant imrequired to return this certificate to the 40| Transportation Permitting
0oit. North Carolina Division of Water Resources, 165O Mail Service Center, Raleigh, NC, 276Vq-|650. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. |Limnot
necessary to send certificates from all uf these.
ApPficuv �v CeriffilcoAioo
�
hereby state that, tu the best ofmy 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 oC tile 40| Water Quality Certification and Buffer Rules, the approved plans and
wpeuiboo|iomn, and other supporting materials.
AgmIN{ertif7uutiov
Date:
l, hereby state that, co the best oCmy abilities, due care and diligence
was used in the observation of the construction such that the Construction was observed to6e built within Substantial
compliance and intent of tile 401 Water Quality Certification and Buffer Rules, the approved plans and
ypc6fioatimmo^ and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
L anoduty registered Professional Engineer inthe State ofNorth
Carolina, having been authorized N observe (periodbally, weekly, full dme),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 tile
construction such that the construction was observed to be built Within Substantial compliance and intent of tile 401
Water Quality Certification and Buffer Rules, the approved plans and opwc|ficmkiomu, and other supporting materials.
Date
1617 MaH Seivice Cenler, Raleigti, NmffiCamUnm270994817