HomeMy WebLinkAbout20181733 v.2 IC approval letterDocuSign Envelope ID: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Casey Whitley
NCDOT Division 2
1037 W.H. Smith Blvd.
Greenville, NC 27835
NORTH CAROLINA
Environmental Quality
July 17, 2023
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed replacement of Bridges No.20 and No. 34 over the Neuse
River on NC 55 in Lenoir County, TIP B-4926.
NCDWR Project No. 20181733 v.2
Dear Mr. Whitley
Attached hereto is a copy of Certification No. WQC005995 issued to The North Carolina Department of
Transportation (NCDOT) dated July 17, 2023.
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Water Quality Certification. If you change your project, you
must notify the Division and you may be required to submit a new application package with the appropriate fee. If
the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [ 15A NCAC 02H .0507(d)(2)]. This Certification does not relieve the permittee of the responsibility
to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
If we can be of further assistance, do not hesitate to contact us.
cc:
Sincerely,
DocuSigned by'.
Ric ^B°R'd,EJr., Director
Division of Water Resources
Tom Steffens, USACE, Washington Regulatory Field Office
Jay Johnson, Division 2 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Anna Reusche, TranSystems, areusche@transystems.com
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
E
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: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 211.0500. This certification authorizes the NCDOT to impact 4.24 acres of jurisdictional wetlands,
and 288 linear feet of jurisdictional streams in Lenoir County. The project shall be constructed pursuant to the
application dated received March 2, 2023. The authorized impacts are as described below:
Wetland Impacts in the Neuse River Basin
Site
Fill Permanent
(ac)
Fill
Temporary
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact (ac)
2
--
--
0.010
0.014
--
0.024
3
0.084
--
--
0.058
--
0.142
4
0.176
--
--
0.040
--
0.216
5
--
--
0.013
0.171
--
0.184
6A
0.031
--
--
0.260
--
0.291
6B
--
--
--
0.202
--
0.202
7
--
--
--
--
--
--
8
0.722
--
--
0.151
--
0.873
9
--
--
0.101
0.330
--
0.431
10A
0.119
--
0.013
0.809
--
0.941
10B
0.031
--
0.014
0.344
--
0.389
11
0.400
--
--
0.151
--
0.551
Total
1.563
--
0.151
2.530
--
4.244
Total Wetland Impact for Project: 4.24 acres.
Stream Impacts in the Neuse River Basin
Site
Permanent Fill in
Temporary Fill in
Total Stream
Stream Impacts
Perennial Stream
Perennial Stream
Impact
Requiring Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
7
129
159
288
n/a
Total Stream Impact for Project: 288 linear feet
n/a = impacts < 3001f, no mitigation required
D � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CnaouM1Fn
�^�^^�*^^^^^ o^•\ r 919.707.9000
DocuSign Envelope ID: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
Open Water Impacts in the Neuse River Basin
Site
Permanent Fill in Open
Waters (ac)
Temporary Fill in
Open Waters (ac)
Total Fill in Open Waters (ac)
1
0.07
--
0.07
Total Open Water Impact for Project: 0.07 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
and adjacent wetlands in conjunction with the proposed development will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity
will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received March
2, 2023. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one tenth of one acre or 300 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (c). Additional buffer impacts may require
compensatory mitigation as described in 15A NCAC 2B .0295. For this approval to remain valid, you are required
to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits
before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non -discharge and Water Supply watershed regulations. This Certification shall expire on the same
day as the expiration date of the corresponding Corps of Engineers Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
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. Riparian buffer impacts resulting from this activity will be covered by a separate Buffer Authorization.
Compensatory mitigation for impacts to 4.24 acres of wetlands is required. We understand that you have
chosen to perform compensatory mitigation to wetlands through the North Carolina Division of Mitigation
Services (DMS) and that the DMS has agreed to implement the mitigation for the project. DMS has indicated
in a letter dated February 17, 2023, that they will assume this responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above -referenced project in accordance with DMS's
Mitigation Banking Instrument signed July 29, 2010. [15A NCAC 02H .0506(c)]
RE Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTI- CANUNA
o.Mre..d0 �mm.m.m.i u..1 919.707.9000
DocuSign Envelope ID: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile driving
or vibration techniques) prescribed by the NC Wildlife Resources Commission, the National Marine Fisheries
Service and the NC Division of Marine Fisheries. No in -water work is permitted between February 1 and
September 30 of any year. In addition, the permittee shall conform to the NCDOT policy entitled "Stream
Crossing Guidelines for Anadromous Fish Passage" (May 12, 1997) at all times. Exceptions to this condition
require written approval by the resource agency responsible for the given moratorium.
5. 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)]
6. 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. [I 5A NCAC
02H.0501 and .0502]
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. 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)]
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I5ANCAC 02H.0506(b)(3)]
10. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter I I3A 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]
11. 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.
12. 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.
13. 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.
14. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-
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]
15. 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. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
16. 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]
RE Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
o.Mre..d0 �mm.m.m.i u..1 919.707.9000
DocuSign Envelope ID: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
17. 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)]
18. 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)]
19. 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.)
where possible 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 Transportation
Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2)
and 15A NCAC 02H .0506(b)(5)]
20. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should
barges be dragged along the bottom of the surface water. [I 5A NCAC 02H .0506(b)(3)]
21. 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)]
22. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,
on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old bridge. This
condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)]
23. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed
areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be
placed such that the original streambed elevation and streambank contours are restored and maintained and shall
consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage. [ 15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)]
24. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by
wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic
pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control
and to ensure structural integrity of bank stabilization measures. [ 15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c); 15A NCAC 02B .0201]
25. 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)]
26. 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)]
27. 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)]
R Q
�� North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH CANNA
NMrb.. A V �mm.m.m.i u..1 919.707.9000
DocuSign Envelope ID: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
28. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000.
29. 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)]
30. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
31. 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]
32. 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)]
33. 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)]
34. 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)]
35. 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)]
This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA permit. Please be aware that impacting waters without first applying for and securing the issuance of a 401
Water Quality Certification violates 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. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. 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 approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
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.
RE QNorth�� Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTI� OMOUNA
oeP.�.e 0 emm� _J 0_1 919.707.9000
DocuSign Envelope ID: 8D4D7988-A832-430E-B65A-67CFB5C5E28F
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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This the 17t1i day of July, 2023
DIVISION OF WATER RESOURCES
EDocuSigned by,
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
WQC No. 005995
D � North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTHCAF10uNA
�^�^^�*^^^^^ o^•\ r 919.707.9000