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HomeMy WebLinkAbout20160738 Ver 1_Approval Letter_20160808Water Resources ENVIRONMENTAL OUALITY Site Tota! Site Temp. Access I'A'1' I�1C;CRURI" [)ONALI� R. VAN DER VAAR7� ��„-,�.r:,, �� ti. JAY "/,IMMERMAN Augusi 8, 201ci Johnston C:ounty NCDVv'R Project No. 201607 �8 Bridge 2?2 en SR 21 10 State Project No. 17BP.4.R. i 1 APPROVAL of 401 WATER QUALITY CERTIF[CATION and NEL�SE BUFFER AUTHORIZATION, with ADDITIONAL COl�ID17'I�NS Mr. Tim LittlP, P.E., Division En�ineer NCDOT, Division 4 PO Box 3 i 65 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 232 in Johnston County: Permanent Fill_(ac) �.01 Wetland Im acts in the Neuse River Basin _1Viechanized Ciearing (aci Fland Cleari 0.02 Totai Wztland impact �or Project: 0.04 acres. __ __ Neuse R�rian Buffer Im Zone 1 Impact Zone 1 Buffer Mitigation : s it � RQ uirerl usin 3:1 ratio� "y-" 2272 , N/A Totals I 2272 N/A 0 * n/a = No mitigation required Total Buffer Impact for Pro,ject: 3931 square feet. �.O 1 cts _ _ Zone 2 Impact (sq ft j 1457 l9l 1659 Totai �Vetlanci Impact 0.04 Zone 2 Buffer Mitigation ;equired (using 1.5:1 ratio N/A N/A 0 The project shall be constructed in accordance with your application received July 28, 2016. After reviewing your application, N�e have dec�ded t;►at th�se :ir.pacts are c�vered by General Water Quality �erti icatiar �Jumber 3833. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC .02B A295). 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 Contro�, Non-D�schurge and i�Vater Supp�y Vb'atershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDW R and submit a new application. If the property is sold, the new nwner m�st �e �i�en a copy oi this : e�!ificatinn ar�d a�prevai I�tter, and is therehy resp�. �si'u!e ior conpl; in� ���ith a11 the corditions. If totai ��•et�and fi!!s for ihis projPct (no�r or in the fi!ture) e�cee;1 one •acre, or of tota� Statc of Nortl� Carelina !Enviromnzntal (�mlity �, Watcr kcsources 1517 Nail Service Center, Raieigh, hJorth Carolina 27699-i617 �hone 51�-8G7 63U0 impacts to streams (now ar in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H A�06 (h) (6) and (7). Addiiional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listeci below. Conditions of Certification: i. Ail riparian buffers impacted by tLe piacement of temperary tiil or [er:ipoiary clearing ac:ivities shall ne resiored to the preconst-i-uction contours and revegetated. Nlaintau�ed buffers shal! be perrnanently revegetated with non-woody species by the end ef the growing season f�llov�ing �ompletion of constructi�n. For the purpose of th:s condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDGT maLntenance acti��ities including mowing. The are�s with non-maintained buffers in the approved Temporar;� Impact square footage shall he restered to preconstruction cor,tours and permanently revegetated with native woody species before the next growing season following completion of construction. [15A I�CAC 2B.0233] 2. The post-construction removal of any temporary bridge struchu-es must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 3. As a condition of this 401 Water Quality Certif cation, the bridge demolition and construction must be accomplished in strici compliance with the most recent version ofNCDOT's Best Management Practices 2or Construct:on and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NC.QC 02H .0506(b)(5)] 4. 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.) 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)] 5. Bric�ge piles and bents shall be �onstn�cted �zsing driven piles (hammer nr vibratoryl or drilled sha_ft consiruction ^lethn�lS. ?VTC'_'e ST�J��1�IC3�ly, )etting er ether m�t!,ods �f pi!e ds�vinti ilT@ ^TOh��`ltd� �z11�1_:O��i �:'ini wrlliPP arr rp•,aI fi'4m the NCDWR first. [15A NCAC 02H.0506(b)(2)� 6. No drili sl-�u-ry or water that has been in contact with uncured conci ete shall l�e aiiowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0505(b)(3) 7. A turbidit}� curtain will be instailed in the stream if driving or dri?ling 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 anproval from the N�DWR. [� SA I�rCAC 42H .0506(b)(3) °o. All stoimwater iun�ff sl�all be directed as sheetflow through stream buffzrs at nan-erosive vPlocities, unless otherwise approved by this certification. [15A NCAC 2B.0233] 9. Fursuant to 15A NCAC 2B.0233(6) sediment and erosion control devices shall not Ue placed in Zone 1 of any NeLse Buffer without prior approval by the NCDVVR. At this time, the NCDWR has zpproved no sediment and erosi�n cor.trol !ievices in Zone 1, outside of the appreved project impacts, anywhere on this project. Moreover, sediment and erosion cantrol devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discnarge is released as diffuse t1ow. 10. If concrete is usPd �urina cor.struc±ion, a dry work area shal! be maintained to prevent dirPct 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 kii_ls. [15A NCAC 02B.02Q0] 1 i. i)ill'iIla ifie �Ai SiPL�CLiOP� of the project, nc siaging oT equipment of aGj� K1iiC1 1S T�0i1T11iiEd li. waters ot���ir L1.�., OP protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)] 12. T'�:e dir-,a.,sian, �a�t�ri a�d p�cfile �f �tie s�.eam a'r.o��e ar�d beiow the crossing s; all noi be ��ad:fizd. Distur�e� flc�c�dplains �,d strQams shall be restored to natural geomorphic c�nclitiar.s. [ISA N�AC 02�±.O�G6(b}(2); 13. 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)] 14. 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)] 1�. All �verk in or adjacent ±o stream warers sl�all be conducted in a dry work area. R�proved E�`✓IP measures from ti�e tnosi c�•rent vei•sion oi NCDOT Construction and Pdainienance Activit:es ntanual such as sandbags, rock bernis, cofferdams and other diversion structures shall be used to prever:t excavation in flowulg water. [15A NCAC 02H.OSG6(b)(3) and (c)(3)] 16. Heavy equipment shall be operated from the banks rather than in the stream chan.nel in order to minimize sedimertation and reduce the intraduction �f other pollutants inta the st-eam. [ 15A NCAC 02H.0506(b)(3)] i7. Eill mechanized equipment operated near sw-face waters must be regularly inspected and maintained to prevent contamination �f stream waters from fuels, lnbricants, hydraulic fluids, or other toxic materials. [15A IvTCAC 02H.0506(b)(3)] 18. No rack, sand or other matzrials shall be dr�dged from the stream channel except where authorized by this certification. [] SA NCAC 02H.0506(bl(3)] 19. Discha:ging hydroseed mixtures and washing out hydroseede:s and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)1 20. '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] 21. A copy of th:s Wat;,r Quality Certification shafl be maintained on the construct:on site at all times. In addition, the VV�ier Quai:ty �ertification and all subs�c��►ent modificaiions, if ar.y, shali re maintair_�d with thL Division Engineer ar.d the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02ii .0506 (U)(2) and (c)(2)] 22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorizatiori, including all non-commercial borrow and waste siies associated with the p�oject, shall be elearly marked by highly visible fencing prior to any land disturbing activities. Tmpacts to areas within the fencing are prohibited unless oYhe.-wise authorized by this certification. [15A NCA� 02H.05a1 and .�JSG2] 23. The issuance of this certification does not exempt the Perriittee 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, includin� but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification t� the Division of Water Resources with�n 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 25. Upon completion of the project (including any impacts at associated borrow or waste sites}, the NCDOT Division Engineer shali complete and return the enclosed "Certification of Comple±ion Fo:m" to notify the NCD�NR v�rhen all work inch�ded in the 401 Certification has been completed. [15A NCAC 02H.0502(fl] 25. Native riparian vegetation (i.e., trees, and shrubs native to your geo�-aphic region) rnust b:, reestablished in the iipa=iaa at�ea� :v:�hin tne �cns�ruc�ion Iimits af thz p:oject oy �he end oi ii;e g:otiv:ng season �oilo�vir.g completion oi construction. [15A NCAC 02B.0233(10)] 27. There �hall be r_o �;�cavatior� ;.om, or waste disposal i�:to, jaliisdiati�nal wetlands ar w�ters ass�c:ated with� this �eirr�it with�;��t apprn�riate modiTu;ation. Sn�ulra waste or boirow sites, or ac�ess r,��ds to �i�aste or barrow siies, he locatdd in Ne±la.ncis or streams, compensatory mitigatic�n w�ll be ree,uired since that is a direct ir:lpact frem road construc�ior- activities. �1�� NC.:� 02I-�.05�36(b)(3} ��d (c)(3�j 28. 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 [ l5A NCAC 02H.0506(bj(3) and (c)(3)]: a. The erosion and sediment control measures for 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, insiallation, opera�ion, �nd mainienance 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 Contr�l Manual. The devices shall be maintained on ail 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 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. 29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise apnroved by this Certification. [1�A NCAC 02H.OSOci(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. 1'he netition 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 transmission. "The mailing address for the Office of Administrative Hearings is: Uffice of Administrative Heazings 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, a���'�,�. S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Ot�ce Chad C�ggins, Division 4 Env'vonmental Officer File Copy Water- Resources ENVIROhMENTAL �UALITY t�ICDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUIIt)': PA'I' MCCKORY �)ONALI) R. VAN DF,R VAAR"r ti. JAY 'I.IMMt�,RMAN Certiticate of Completion Upon completion of all �vork 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, Norih Carolina Divisio�i of Watej� Resources, I G 17 Mail Service Center, Raleigh, NC, 276�9-! 617. This fenn rnay be returnzd to PdCDVVR uy t;�e ap�l�cant, the aNplica7t's aut� �r;zed agent, ar the project eng�r�e2r. :t is rot r,ecessary to send certificates from all of tr,ese. Applicnnt's Certificatiorr 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 specifcations, �nd other supporting materials. Signatu� e: �ate: ,Sgcnt's Cert�ficatdc�r I, , hereby state that, to the �est of m}� ab:lities, due care and diligence was used in the observaiio�i 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: >ate: Fngrneer's Certifreation Partial Final I, , as a duly registered Pro.essional Engineer in the State of North (;arolina, 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 Certi ication and Buifer Rules, the approved pians and specifications, and other supporting materials. Signatt!re Date Registration No. State ef Nertl� Cara!ina li.nvinnmcntal Ct�ality i, Water kcsoiuces 1617 Maii Service Centar, Raleigh, Noilh Carolina 27699-to11 phCfia�. G�u_Sl;;-F30i.'