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HomeMy WebLinkAbout20151332 Ver 1_Approval Letter_20160202Water Resources ENVIRONMENTFIL OUnLI!'Y Site Total I'.A I \I��� Ktilll I)O'� ��.I I) R �":1ti I?I� IZ � 1�R'I' �. J:�l 7IMMERMAN February 2, 2016 Wilson County NCDWR Project No. 20151332 Bridge 109 on SR 1002 TfP No. B-5313 APPROVAL of 401 WATER QUALITY CERTIFICATIOIV and NEUSE BUFFER AUTHORIZATION, with ADDITIOIVAL CONDITIONS Mr. Colin Mellor, Environmental Coordination & Permitting Group Leader NCDOT PDEA 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Mr. Mellor, You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 109 in Wilson County: Stream Im acts in the Neuse River Basin Site Temporary Fill in Perennial Stream Total I 0.04 Total Stream Impact for Project: 0.04 ac. Permanent Fill (ac <0.01 Wetland Im acts in the Neuse River Basin Temporary Fill (ac) <0.01 Total Wetland Impact for Project: 0.01 acres. Neuse Ri arian Buffer Im acts Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact lsa ftl Reauired (usin� 3:1 ratio) (sq ftl Totals � 2772 N/A 1360 Excavation <0.01 Zone 2 Buffer Mitigation ;eauired (using 1.5:1 ratio N/A * n/a = Total for Site is less than 1/3 acre and I 50 linear feet of impact, no mitigation required Total Buffer Impact for Project: 4132 square feet. The project shall be constructed in accordance with your application received December 18, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certi ication corresj�or�ds to the Nationwide Permit 3 issued by the Corps of Eng�neers. T his approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 26.0233). 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 Conlrol, Nor�-D�sciiarge and Water Supply Watershed regulations. This approval �vi�l expire with the accompanying 404 permit. State of North C'arolina iEnviror.mental Quality I Water Resources 1617 Mail Service Cenier, Raleigh, North Carolina 27099-1617 Phone:919-8G?-6300 This approval is valid solely for the purpose and design described m your apphcation (unless modified below) Should your pro�ect change, you must notify the NCDWR and submrt 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 complymg with all the conditions If total wetland fills for this pro�ect (now or m the future) exceed one acre, or of total impacts to streams (now or m the future) exceed 150 lmear feet, compensatory mitigation may be required as described m 15A NCAC 2H 0506 (h) (6) and (7) Add�tional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B 0233 For thts approval to remam valid, you must adhere to the conditions listed m the attached certification and any addrtional condrtions listed below Conditions of Certification: 1 The post-construction removal of any temporary bndge structures must return the pro�ect site to its preconstruction contours and elevations The impacted areas shall be revegetated with appropriate native species [15A NCAC 02H 0506(b)(2)] 2. As a condrtion of this 401 Water Quahty Certification, the bridge demolrtion and construction must be accomplished m strict compliance wrth the most recent version of NCDOT's Best Management Practices for Construction and Mamtenance Activities [15A NCAC 02H 0507(d)(2) and 15A NCAC 02H 0506(b)(5)] 3 Bridge deck drams shall not discharge directly mto the stream Stormwater shall be d�rected across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc ) before entermg the stream Please refer to the most current version of Stormwater Best Management Practices [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4 Bridge piles and bents shall be constructed usmg drrven piles (hammer or vibratory) or drilled shaft constructton methods More specifically, �etting or other methods of pile drivmg are prohibited wrthout prior written approval from the NCDWR first [15A NCAC 02H 0506(b)(2)] 5 No drill slurry ar water that has been in contact with uncured concrete shall be allowed to enter surface waters Th�s ��ater shall be captured, treated, and :iisposed �f pro�erly. [� SA NCAC 02H .0506(�)�3) ] 6 A turbidity curtam will be mstalled in the stream if drivmg or drillmg activities occur within the stream channel, on the stream bank, or withm 5 feet of the top of bank This condition can be waived wrth prior approval from the NCDWR [15A NCAC 02H 0506(b)(3) ] 7 All stormwater runoff shall be du-ected as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B 0233] 8 All riparian buffers impacted by the placement of temporary fill or clearmg activiries shall be restared to the preconstruction contours and revegetated Mamtamed buffers shall be permanently revegetated wrth non-woody species by the end of the growing season followmg completion of construction. For the purpose of this condition, matntamed buffer areas are defined as areas within the transportation corridor that will be sub�ect to regular NCDOT mamtenance activrties mcludmg mowing The area wrth non-maintamed buffers shall be permanently revegetated wrth nat�ve woody species befare the next growmg season followmg completion of construction [15A NCAC 2B 0233] 9 Pursuant to 15A NCAC 2B 0233, sedunent and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prtor approval by the NCDWR At this time, the NCDWR has approved no sediment and erosion control devices m Zone 1, outside of the approved pro�ect unpacts, anywhere on this pro�ect Moreover, sediment and erosion control devices shall be allowed m Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow 10 If concrete is used durmg construction, a dry work area shall be maintamed to prevent direct contact between :,urmg cor,crete ar.d stream water Water that madvertent:y contacts uncured concreie shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic I�fe and fish kills [15A NCAC 02B 0200] 1 l Durmg the constructior, of the pro�ect, nc stagtng of equipment of any kind is permttted m waters of the U S, or protected ri�anan buffers. [15A NCAC 02H 0506(b)(2)] 12 The dimension, pattern and profile of the stream above and below the crossmg shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H 0506(b)(2)] 13 The use of rip-rap above the Normal High Water Mark shall be mmimized Any np-rap placed for stream stabilization shall be placed m stream channels m such a manner that it does not impede aquatic life passage [15A NCAC 02H 0506(b)(2)] 14 The Permittee shall ensure that the final design drawmgs adhere to the permrt and to the permrt drawmgs submitted for approval [15A NCEiC 02H .0507 (c) and ISA NCAC 02H 0506 (b)(2) and (c)(2)] 15 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures from the most current version of NCDOT Construction and Mamtenance 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)] 16 Heavy equipment shall be operated from the banks rather than tn the stream channel m order to mmimize sedimentation and reduce the mtroduction of other pollutants tnto the stream [15A NCAC 02H 0506(b)(3)] 17 All mechamzed equipment operated near surface waters must be regularly mspected and maintained to prevent contammahon of stream waters from fuels, lubricants, hydrauhc fluids, or other toxic matenals [15A NCAC 02H 0506(b)(3)] � 18 No rock, sand or other materials shall be dredged from the stream channel except where authortzed by this certification [15A NCAC 02H 0506(b)(3)] 19 Dtschargmg hydroseed mixtures and washing out hydroseeders and other equipment m or ad�acent to surface waters is prohibrted [15A NCAC 02H 0506(b)(3)] 20 The permittee and tts authorized agents shall conduct its activities m a manner consistent wrth State water quality standards (mcludmg any requirements resulhng from compltance with §303(d) of the Clean Water Act) and any other appropriate requ�rements of State and Federal law If the NCDWR determmes that such standards or laws are not bemg m�t (mcludmg the fa�lu-e to s�istam a desagnated or ach.eved nse) or that State nr federal law is �eing violated, or that further condrtions are necessary to assure comphance, the NCllWR may reevaluate and modify this certificatton [15A NCAC 02B 0200] 21 All fill slopes located m �urisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification [15A NCAC 02H 0506(b)(2)] 22 A copy of this Water Qualtty Certification shall be mamtamed on the construction site at all t�mes In addrtion, the Water Quahty Certification and all subsequent modifications, if any, shall be mamtamed wrth the Division Engmeer and the on-site pro�ect manager. [15A NCAC 02H 0507(c) and 15A NCAC 02H 0506 (b)(2) and (c)(2)] 23 The outside buffer, wetland or water boundary located withm the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbmg activities. Impacts to areas withm the fencmg are prohibited unless otherwise authorized by this certification. [15A NCAC 02H 0501 and 0502] 24 The issuance of this certification does not exempt the Permittee from complymg with any and all statutes, rules, regulations, or ordmances that may be imposed by other government agencies (i e local, state, and federal) havmg �urisdiction, includmg but not hmrted to apphcable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25 The Permittee shall report any v�olations of this certification to the Diviston of Water Resources withm 24 hours of discovery [15A NCAC 02B 0506(b)(2)] 25 Upon completion cf the pro�ect (inciudmg any impacts at associated bon-ow �r v✓aste sites), the NCDOT Dtvision Engmeer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work mcluded m the 401 Certification has been completed [15A NCAC 02H.0502(fl] 27 Native riparian vegetation (i e„ trees and shrubs natrve to your geographic iegion) must be reestablished in the riparian areas withm the constructton hmrts of the pro�ect by the end of the growmg season following completion of construction [15A NCAC 02B 0233(10)] 28 There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated with this permit wrthout appropriate mod�fication Should waste or bonow srtes, or access roads to waste or borrow srtes, be located in wetlands or streams, compensatory mitigation will be required smce that is a direct impact from road construction act�vities [15A NCAC 02H 0506(b)(3) and (c)(3)] 29 Erosion and sediment control prachces must be m full compliance wrth all spectfications governing the proper design, mstallation 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 pro�ect must be designed, mstalled, operated, and mamtamed m accordance with the most recent version of the North Caroltna Sed�ment and Erosion Control Planntng and Destgn Manual b The design, mstallation, operation, and mamtenance of the sediment and erosion control measures must be such that they equal, or exceed, the requtrements specified m the most recent version of the North Caroltna Sedrment and Erosron Control Manual The devices shall be mamtamed on all construction sites, borrow sites, and waste pile (spoil) pro�ects, mcluding contractor-owned or leased borrow pits associated with the pro�ect. c For borrow pit sttes, the erosion and sediment control measures must be designed, mstalled, operated, and matntamed m accordance wrth the most recent version of the North Carolina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation m accordance wrth the requirements of the Sedimentation Pollution Control Act. 30 Sedunent and erosion control measures shall not be placed m wetlands or waters unless otherwise approved by this Certification [15A NCAC 02H 0506(b)(3) and (c)(3)] If you wish to contest any statement �n the attached Cert�ficatton you must file a p�tition for an admmistrative hear.n� You may o1�ta�n the petrt�cn form from th� office of Adm:n�stra±ive hearmgs Yo�� m�ast f�e the retrtion wrth the office of Admmistrative Hearmgs withm sixty (60) days of receipt of this notice A petrtion is considered filed when it is received m the office of Admmistrative Hearmgs durmg normal office hours The Office of Admimstrative Hearings accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm, except for official state holidays The origmal and one (1) copy of the petrtion must be filed with the Office of Admmistrative Hearings The petirion may be faxed-prov�ded the origmal and one copy of the document �s recetved by the Office of Admimstrative Hearings wrthm five (5) busmess days followmg the faxed transmission The mailmg address for the Office of Admmistrative Hearmgs 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 Sam M Hayes, General Counsel Deparhnent 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 Rob Ridings at 919-707-8786. Sincerely, �� � S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Cerps of Er.gineers, Vl�ashinbton Field Office Chad Coggins, Division 4 Environmental Officer Chris Rivenbark, NC Department of Transportation PDEA File Copy Water Resources ENvi�+OtdKtr� i n� pun��?v �ICDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUnty: I' \ I `�.!� t I:.��I�l� I)O\��I i) I: A��A\ I)f I: y'�.AR"I' ti. .L�1 /I�I\11 IZ\1 \N 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 Mai) Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicart, the applicant's authorized agent, or the prcject engineer. It is not necessary to send certificates from all of these. ApplicanYs 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 eompliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certif.•cntios: [, , 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 Certifrcation 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 State of North Carolin� �,Enviromnental Qualiry I W ater Resources i6i7 Mail Service Center, Raleiyh, �JoRh Carolina 27699-1617 Phane.919-80i-6300