The URL can be used to link to this page

Home My WebLink About20160434 Ver 1_Approval Letter_20160513Water- Resources ENVIRONMENIF�L OU�'�L17Y I':� I� �1(�C�RUfZI� UO'�:;At l) It. V-1N I)I;R V:�.�K"T ;�-��,�,-��,� ,� ti. JAY IIMM};RMAN May 13, 2016 Wayne County NCDWR Project No. 20160434 Bridge 56 or. SR 1342 State Project No. 17BP.4.R.73 APPROVAL of 401 WATER QUALITY CERTIFlCAT10N and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Tim Little, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895-3165 Dear Mr. Little: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 56 in Wayne County: _ ___Stream impacts in the tieuse River 8asin Site _� Tem�orarv Im4act to Perennial Stream (linear ft Total Stream Imnact (linear ft) -- — --- ---1------------y----��------ -- ---�---� 16 Total Stream Impact for Project: 16 linear feet. Wetland 1 Site I Mechanized Clearin 16 in the Neuse River Basin Hanc3 Clearing (ac) Total Wetland Impact (ac Total I 0.02 i 0.03 � 0.05 Total Wetland Impact for Project: 0.05 acres. Neuse Riparian Buffer Im acts Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation _ _ (sq ft) __Reguired (using 3:1 ratio) _ (sq ft) _ R�uired (usin�1.5:1 ratio T�tals 2752 N!A 960 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: 3712 square feet. The project shall be construeted in accordance with your application received May 3, 2016. After reviewing ycur application, we have decided that these impacts are covered by Gereral Water Quality Certification Number 3883. This certiflcation con�esponds to the Nation��idz Fern�ii 3 issued 'by the C�rps of� Engineers. This approval is a�s� valid for the Neuse Riparian Buffer Rules (15A NCAC .02B .0295). 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 G.osiar� Co�tr�i(, Non-Bisch�r�e and ti�'�ter S�pply \7Vasershed rLgulat�ons. Thi; ap� roval wi11 e�pire w:th ihe accompanyir.g 40� permit. Staceot North Caroli�a'Emriroi�meatai (luality i Wa[er Rcsources 1617 Mail Service Center, Raleigh, Nortn Carolira 27659-1G17 Phune:519-b07-6SQ0 This approval is valid solely for the purpose and design described in your appiication (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the pronerty 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 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.02332. For th?s approval �o remain valid, you must acihere to the �oa�itiors listed ui the attached ceriification and any additioual conditions listed beiow. Conditions of Certification: 1. As a condition of this 401 Water Qua1_ity 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)] 2. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across �he bridge �nd pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) 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 anproved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. 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)] 4. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. T'his water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3) 5. 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. This condition can be waived with prior apnroval from the NCDWR. � l5A NCA� 02H .OSQ6lbl{31 6. All stormwater runoff shall be directed as sheetflow through strearn buffers at non-erosive veloc:ties, unless otherwise approved by this certification. [15A NCAC 2B..0233] 7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defned as areas withir► the transportation corridor that will be subject to reg�:lar NCDOT maintenance activities including mowing. The area wi:h non-maintained buffers sha?I be permanentl;� revegetate� with native woody species before the ne�t growing season following completion of construction. [15A NCAC 2B..0233] 8. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. Ai this time, the NCDWR has approved no sediment and erosion control devices ir_ Zone 1, 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 1 is not compromised and that discharge is reieased as diffuse flow. 9. 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] 10. During the construction of the project, r.o staging of equipment of any kind is permitted in waters of the U.S., or protecte� riparian bufters. [ i�A P�CaC 02H.USGti(b)(Z)] 11. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed flooc?�lair.s and strea:ns shall be r:,stored to riatural gzomorpA�i� c�nditiot'�s. [15A IvrC:A� 02I�..0506(b �(2)] 12. 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)] 13. 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)] 14. All work in or adjacen? to s�ream waters shall be conducted in a dry work a:ea. Appr�ved BMP measures from the rriost c�arren± version of N�DOT Consir�:ction and Mainter.ance Activities mar�ual 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)] 15. 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)] 16. Eill 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)] 17. No rock, sand or other materials shall be dredged from the strear.l channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 19. 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] 20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. ln addition, the Water Quality Certif cation and all subsequent modifications, if any, shall be maintained with tre �ivision Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 21. 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 nrior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized 1�y this certification. [15A NCAC 02H.0501 and .0502] 22. 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 requireir�ents, etc. 23. 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)] 24. Upon completion of the project (includirg any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) 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( fl] ` 25. Native ripa:ian v:,getatioa (i.e., tr�es an� shrubs nztive to your geographic region) rnusi be �eestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 2B.0233(10)] 26. There shall be no P:cavation fi•om, or waste dis�osal inta, jurisdictianat wetlands or waiers associated with this permit without appropriate mo�ification. Should waste or borrow sites, or access roads to waste �r 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(bx3) and (c)(3)] 27. 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 ar.d sediment control measures for the project must be designed, installed, operated, and maintained in accordance witn the most recent version of the Norih Curolina Sedimenr and Erosion Control P[anning 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 erusion 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. 28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (cx3)] 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:OOam and S:OOpm, 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 Uffice of Administrative Hearings within five (5) business days following the faxed trar.smission. 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. Sam M. Hayes, 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 Rob Ridings at 919-707-8786. Sincerely, � �►V S. Jay Zimm�rman, Director Division of Water Resources Electronic copy only distribution: Tom Stet%ns, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer File Copy ; ', Water Resources ENVIRONMEWlAL C]UA�I7 V NCDV1�'R Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUflij': I' \l \1(�CR(>IZI� I)ON;�I.I) IZ. ��:�N UI;R �-:�;�K�f ti. .1:1Y IIMMERMAN 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'�e r.,tarned to TJCDVV4 by the a��licant, tre apN�icant's authorized agert, or t:�e pro�ect cngineer. It is nat 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 specifi�ations, and other supporting materials. Sigr�ature: �aie: .�gert's C�: ti,�icatfcn 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 Certifrcation Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full timej 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 Wate� Quality Czrtificat�on and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. n�rP State of Nerth Carohrz ��Em�ironmer.tal Qualitv ', 14�ater P.eso;ices 1617 Mail Service Cantar, Raleigh, NoRh Carolina 276S9-10 i7 Pnone:919-807-f?00