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Home My WebLink About20160729 Ver 1_Approval Letter_20160805._�_` __ -;_ Water Resources ENVIRONMENTAL OUALITY �� Mccxc�Kv UONALD R. VAN DF,R VAART ,<_ ��:-��, �� ti. JAY "1_IMM��,RMAN August 5, 2016 ��Vilson Gounty NCDWR Pro�ect i�Io. 20160729 Bridge 83 on SR ? 378 State Project No. 17BP.4.R.74 APPFtOVAL �f :lrE[?SE BLFFEIt AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. T'im L.ittle, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895 Dear Mr. Little: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 83 in Wilson County: ______ __ _ Neuse Ri�arian Buffer [m acts ---------------- --- ------------- -- i --- Site � 7.nne 1 Impact 7 Zone l Buffer Mitigation Reqnired � Zone 2 Impact 7,�ne 2 Buffer Mifivation ___�___ (sg ft)____1___ __ (usin�3:l ratio)______ ` __ (sg itj ___ _ Reguired (usin�l.�:i ratio; Totals � 3219 N/A 1342 * n/a = Total for Site is less than 1/3 acre and i50 iinear feet of impact, no mitigation required Total Buffer lmpact for Project: 4561 square feet. IV/A The p:oject shzll be �onstructed in accordance with you: applicatior. rece:ved July 27, 2016. This ap�ro��al is valid for the Neuse Riparian But�er Rules (15A NCAC .02B .0295}. [n addition, you should acqu�re any other iederal, state or local pennits before you proceeu with your project including (but noi limited io) Sedirr�ent and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design descri�ed in your application (unless modifie� below). Should your project change, you must notify the NCDWR and submit a new application. lf the property is sold, the r�ew owner must be given a copy of this Certification and approval ietter, and is tF�ereby respo�isible for camplying with all t�e conditions. If total �r�atland fills for this project (now o� in the future) aaceed 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 I S.A NCAC 2}�.0233. For this approval to remain vaiici, you must adhere to the conditior.s listed below. Conditions of Certification: 1_. The post-construction removal of any temporary bridge structures must return the project site to it� preconstruction contours and elevations. The impacted areas shall be revebetated with appropriate native species. � 1 �a N�� ac n2�± .osr�6(b)i� ► Statc cf tio:Yl� Caro{ina ;Emironerer,al ;p�ality j Water Resoi:rces toi7 Mail Service center, Raleigh, Nor1h Carolina?7699-t6i7 Fhone:9�Q °U7-63G0 2. 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 NCll01's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated throujh site-apprapria#e means (grassed swales, pre-fo.�-med sccu: holes, vegetated buffers, Ptc.) before eniering the stream. To meet ihe reqairements Qf NCDGT's �1FDES permit NCS00002��, �lease refer to t?ie most recent version of the R'orth �aroZina Department of Transpvrt�tion Stormwate•r Best Managernent Practices Tooibox. manua� for approved measures. [15A NCAC 02H .G507(d;(2) and 15A. NCAC 02H .0506(b)(5)] 4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetat�d. I�7aintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For ihe purpose of this condition, mainta-ined bufier areas are defined as areas within the transpoi-taiion corridor that will be subject to regular NCDO 1 mainter.ance acti��ities 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. Pu:suant to 15A NCAC �B.0233(6)5 sediment and erosiar� control devices shall not Ue plac�d in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion cont�-ol devices in 7one 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 released as diffuse flow. 6. 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] 7. 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 potenti�l. for �levated pH and possible a�uatiG life anci fish kills. f l SA NCAC 02B.02001, S. lluring the construction of the project, no staging of equipment of any kind is permitted in waters �f the U.S., or _ protected rip�r:an buffers. [15A NCAC 02H.O:,Q6(b)(2)] 9. :'he dimension, pattern and profile of the stream above and below the crossing shall not be riodif ed. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ 15A NCAC 02H.0506(b)(2)] 10. 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 channelc in suck a manner that it does noi impede aquatic life passage. [15A NCAC 02H.�SOE(b;(2)] 11.. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted far a�proval. [lSA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 12. All work in or adjacent to stream waters shall �e cenducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance A_ctivities manual such as candbags, 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)] 13. 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 str�am. [ 15A NCAC 02H.Q506(b)(3)] 14. .411 mechanized equipment eperated near surface �vaters must be regularly inspect�� aad maintained to prevent �antamir.aticn of stream wate:s frc�n fuels, lubri:.ants, hy�ra�Iic �luids, c� otr.er tax.ic materials. �15� N:;AC 02H.0506(b)(3)] i5: Nr r��k, s�n� �r �th�_r ��at��r;als shatl be dre�ige� f�orr the strea=r chsnn�l except ��here ?uthosized ��y ti;is cznification. �15� NCAC �2H.0506(b}(3)] 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15Ei NCAC 02H.0566(b)(3)] 17. 1'he 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 f�her c�n�itions are necessary to assare co:r.pl:ar.ce, ±h� 1�CD�AI?L may ree��alua�e and cmo�:fy th:s certificatic�. [15A NCAC 02B.G200] � 18. A copy of this V�iater Quality Certification shall �e maintained on the construction site at all times. In addition, t'r:e Water Qualiry Certification and all subsequent modifications, if any, shali be maintained with the Division Engineer and the on-site project manager. [ISA NCAC 02H .0507{c) and 15A NCA_C 02H .0506 (b)(2) and (c)(2)] 19. The outside buffer, wetland or water boundary located within the construction conidor approved by this authorization, including ali non-commercial oorrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited un�ess etherwise authorized by this certification. [1�A NCAC 02H.0501 and .0502] 20. The issuance of this certification does not �xempt the Permittee from complying with any and all statutes, ruies, regulations, or ordinances.that may be imnosed by other government agencies (i.e. local, state, and federal) having j��risdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 21. 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)] 22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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] i�. ?l�TTt]V� 1':r 3r.?ll ��eoetatinn 2;;��Ct �J� CuP��4:�":S:IV��L � i�Pi T_�i��ArlC�v� �4TPaS �*,�ithin thP GI�D�t_ruct�on l�in;ts ofrt,� ,�r��aCt t?v the end offhe growing season follawing completion of construction. [15A NCAC 02B.0233(lU)� 24. There shal, be no excavation from, or waste disposal into, j urisdictional wetlands or waters associated with this percnit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands � or streams, compensatory mitigation will be required since that is a direct impact from road constn:�tion activities. [15A NCAC 02H.OSQ6(U)(3) and (c)(3}] 25. �rosian and sediment conic•ol practices �:�ust bp in full compliance with all specifications govei-��ing the p1•oper design, ir,stal:ation and operation and maintenar.ce of s�:ch Best Management Practice� in or�er to pratect surface wate.s standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control measures for the project must be designed, installed; operated, and mai.ntained in accordanee witn the most recPnt version of the North Cnroli�u Sediment and Erosion Control Planning and Design Manual. b. Th� design, inctallation, operation, an�l mair.tenance of the sediment and erosion control measures must be such that they equal, or excee�, the requirements specified :r. the most recent version of the North Carolina Sediment and Erosion Control Manual. Tne devices shali 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 erosion and sediment control measures must be designed, installed, operated, and maintained in zccardance witl: the most recent v�rs�on of the _North Carolina Surface Mining Manual. d. ll�e rec�arnution measurus arc� imp!emer.taLion must cc�n�ly with the r�cia�ati.;n in accar�ar.ce v,�ith �� requirements of the Sedimentation Pollution Control Act. ?�. SQdimPnt a�d er�;ion cont:ol measu.rPs shaii r�ot he piace�i in �veii�nds or w�aters unless athet^,��ise apprc�ved by this Certificatien. [15A NCAC 021�.Q506(b)(3) an�1 (c�(3)] Tf 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 ofYice of Administrative hearings. You must tile 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 officia! state holidays. T'he uriginal and one (1) copy of the petition must be filed with the Jffice 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 Nlail 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�� ,,�o�' S. y Zimmerm�n, L'irector Division of Water Resowces Electronic copy only distribution: Tom Stef%ns, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer File Copy Water Resources tNVIRONMENTAL OUALITY IVCDWR Projeci No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUIIt�': PA'1' MCCRO}ZY I)ONAI,['� R. VAN UI;R VAAR'I � JAY '/,IMMI?RMAN Certificate of Completion Upon completion of ail work approved �vithin the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent mociifications, the applicant is required to return this certificate to the �O l Transporiation Permitting Unit, No:-th Caroli:�a D:vision of Water Resources, 161 i Mail Service Center, Raleigh, NC, 27699-ib17. This form may be iei`aii�i,C� iG r1��iZ �y i}'i� a�'ij�ilCBiii, the ap�licant's authorized ageni, C�i iilE �'iro�ect �rgine�r. It iS ilOi necessary to send certificatzs from all of these. Applicant's Certifieatio» 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 marerials. SigtidtuiE: Cate: �ig2::/'S L2T1l�aG'd.OYs I, , hereby state that, to the best of my abilities, due care and dili�ence 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 specificatiens, and other supporting materials. Signature: Date: Enginee�'s Certifrcation Partiai Final [, , as a duiy registered Professional Engineer ir, 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 dili�ence 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 an�i Baffe� Ruies, the appi�oved plans and specifications, and other suppo�ting materials. Signature Dare Registration No, State o` Ncrch G�rohra',Environmenta; Qua!ity i, Wa:er Resoumcs 101 i ��laii S2rvice �enter Raleiyh, tiorti� Carolina 2%695- i517 Ph�,;e 9i980I-63i;6