HomeMy WebLinkAbout20160435 Ver 1_Approval Letter_20160517Water Resources
ENVIRONMENIAL G1Ul1LIiY
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�. J�Y IIMMERMAN
May 17, 2016
Wilson County
NCDWR Proje�t No. 20160�+35
Bridge 143 or. SR 1506
State Project No. 17BP.4.RJ5
APPROVAL of 401 WATER QUAL[TY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL COI�IDITIONS
Mr. Tim Little, P.E., Division Engineer
NCCOT, 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 143 in Wilson County:
Wetland Impacts in ihe Neuse River Basin _
Site � Fxcavati�n T Mechanized Clearing � Hand Clearin� j Total Wetland Impact
— —�--- (acj --1— (ac)--- —�---- lac) — �---�a�---
Site
Totals
0.01
0.01
Total Wetland Impact for Project: 0.03 acres.
0.01
0.03
lYeuse {ti arian Buffer lm ac+ts
Zone 1 Impac*. Zone 1 Buffer Mitigatiaa � Zone 2 Impact Zonc 2 Buffer Mitigatiou
(s ft) Re uired (usin 3:1 ratio) (s ft) Re uired (usin i.5:1 ratio
3057 N/A 1141 N/A
* n/a = Total for Site is less than I/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer [mpact for Project: 4198 square feet.
The project shall be constructed in accordance with your application received May 3, 2016. After reviewing yuur
application, we have decided that these impacts are covered by General Water Quality Certification Number 3883.
This certificatior. correspor.ds to The Natienwide PeYmit 3 issued by the Cerps of Engineers. This approva! is also
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
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
ac�ompanying 404 permit.
This appr��a! is v�!�d solely fcr the nurHosP ar.d desi�n des�rihed �n vour Gpp!ic�tior. (�nl�ss mod�fied belo�E�).
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
wi,h all the co7di:ions. If t�tal ��etland fills for this pr�ject �ncw or in the future� exczed one acre, or o* total
i�npacts to st;eams (now ar in the future) exceed 150 �inear feei, compensatory miti�ation may he requ�rec! as
�tate ef North Ca:ol�na ,l:nvironar,enial i)uality 'i Water Rzscurces
1017 �1ail Service �enie�, Ra�eigh, North Carolina i7699-1617
Phone:9�9-8C7-63f,•C
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCA� 2B.02332. For this approval to remain valid, you must adhere to tne conditions listed in
the attached certification and any additional conditions listed below.
Conditions of Certification: �
1. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplishe� in strict co:npliance with the most recen* version of NCDOT's 3est lyla:�agen:ent Practices for
Construction avd Vlaintenance tictivities. [ISA NCAC 02H .0507(d)(2) and i5A I`TCP.0 02H .0�0G(b)(5)]
2. Bridge deck drains shall noi discharge directly into the stream. Stormwater shall be directec� across the bridge and
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 ior approved measures. [] SA NCAC 02H .0507(d)(2) and 15�i NCAC 02H .0506(b)(5)j
3. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B..0233]
4. All riparian buffers impacted by the placement of temporary fill or clearing activities sha]l be restored to the
nreconstruction 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 pur,rmose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with
native woody species before the next growing season following completion of construction. [15A NCAC 2B..0233]
5. 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. At this time, the NCDWR has approved no sediment and
erosion control devices in 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
comnromised and that discharge is released as diffiise flow. _
6. It' concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
�uring concrete and stream wzte:. Water that inadvertently contacts uncared concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ 15A NCAi, 02B.0200]
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. The dimension, pattern and profile of the stream above and below the crossing shall nc,± be modified. I'iisturbed
flaodplains and streams shall be restored to natural geomorphic cond'.tions. [ 15P. NCAC 02H.05�6(b)(2)]
9. 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)]
] 0. The Permittee shall ensure that thP final design drawings ac�here to the pertnit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507 (c� and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
11. All work in or adjacent to stream waters shall be canducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construct:on and Maintenance Activities manual such as sandbags, rock be'rms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.OSQ6(b)(3) and (c)(3)]
�2. Heavy equipment shafl be operated fram t7e banks :atl:er ihan in t:�e s�rear:l channe: ir� orcier to r:1_ini:t.iz�
sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC 02H.0506(b)(3)]
t3. .51] rr:echanizz,a, equipm�nt �peraied tzear suriace waters must be rzgularly inspected and ;��ainiained �o ��revent
contamir�ation cf s7eam wate�s fron� fuels, iu�ricsnts, hydra�zlic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
14. 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)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
16. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from co�npliance with §303(c?) of the Clean `,��ater Act; ar_d any other
appropriate requiremen�s of State and Federal law. If the NCDVJR determines QZat such standards er ia�Ns are no� being
met (including the failure to sustain a designated or achieved use) er that State or federal law is being violated, or that
fizrther conditior.s are necessary to assure campliance, the NCD��VR may reevaluate and modify this certification. [15A
NCAC 02B.020G]
17. A copy of this Water Qua�ity Certification shall be maintained on the construction site at all times. In addition, the
Water Quality �ertification and all subsequent modifications, if any, shall be mainYained with the Division Engineer and
the on-site project manager. [15l� NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
18. 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 l�ighly visible fencing prior to auy land disttu-bing activities. Impacts to areas within the fencing are prohibited unless
otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502]
19. The issuance of this certification does not exempt the Permittee from complying with an� 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.
20. 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)]
21. iJpon completion of the proj�ct (including any impacts at associated borrow or waste sites), th� NCDOT Division
Eng�neer �or �ar�omevPr is rhe �L�thorized agent �f a nen-NCLOT pro�ect; shall c�mplete and re��-n the en�lc�se�!
"Certification of" Completion Form" to notify the NCDWR when all work included in the 401 Certification has been
completed. [15A N�AC 02H.t�502( fl]
22. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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 2B.0233(10)]
23. There shall Ue no excavatior� fi•om, or waste disposal into, jurisdictional wetlands or waters associated �vith this
permit without appropriate rzodificatior.. Should waste �r borrow sites, or access roads to waste or barraw 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(b)(3) and (c)(3)]
24. Erosion and sediment cor�trol 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 and sediment control measures ror the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning 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 rnost recent version of the North
Carolina Sediment and Erosion Cortrol Manual. The devices shall be maintained on all construction
sites, ua�raw sites, un•� waste pi:e (spail) projects, includir.g con�ractor-owned ar izased i�orrov� pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
a�1d m�ain±ained in accor�anc� �yith ih� n;ost recent version �. tre 11�'orth Carolifaa Surface Mining
1VRnu�1.
d. The reclamation measures anc� implementation must comply with the reclamation in accordance with the
i•equirements of the Sedimentation Pollution Control Act.
25. 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 Heazings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received ir. the office of Administrative Hearings during normal office hours. The Of�ice of
Adminisirative Hearings accepts filings Nlc,nday through Friday between the hours of 8:OOacn 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.
T'he 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. 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.
S�ncereh�,
�� .
��
� S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chad Cog,ins, Division 4 Environmental Officer
File Copy
Water Resources
ENVIP.ONMENTAL �UALiT Y
NCII�WR Project No.:
Applicant:
Project Name:
Date of [ssuance of 401 Water Quality Certification:
COUlltj':
I' V�I �I��c�l�(�IZI'
I)U\:AI I) I:_ A� �ti' [)I�IZ V':� �Il'C
ti. J�1Y l.IMMERMAN
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 be �eturned to NCD`��P. by t� e upplicant, the ap�licant's authcrized agent, ar th� project engireer. It is not
necessary to send certificates from all of these.
�pplicanYs Certiftcation
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
snec�fications, and other supporting materials.
JiP�ilitiUi 6: i�at2:
/i�c���'j C'e:ti�CQilOi1
I, , hereby state that, to the best of my abilit�es, due care and dil:gence
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
spe�ifications, and other supporting materials.
Signature: Date:
Engineer's Certification
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
`JJater Quality Cer-tification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
�ate
Registratior No.
S:ate cf North ::arolma ;5n��ironmental Qualiiy �`�'ater Rzsource;
1017 Meii Service Cenler, Raleion. North Caroiina 27699-1017
Phone:915-80?-6a00