HomeMy WebLinkAbout20160739 Ver 1_Approval Letter_20160809Water Resources
ENVIRONMENTAL OUALITV
Site
Totals
PA"T MCCRURY
f)ONALI) R. VAN [�ER VAART
ti. JAY IIMMk�;RMAN
August 9, 2016
Johnston Counry
NCDV� R P� oject No. 2,0160739
Bridge 239 on SR 2129
State Project No. 17BP.4.R.72
APPROVAL of �O1 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDIT[ONAL CONUIT101�15
Mr. Tim Little, P.E., Division Engineer
NCDOT, Divis�on 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 239 in Johnston County:
Stream Im acts in the Neuse River Basin
r Site � Riprap in Perennial Stream � Temporary Fill in PerQnnial Strearn i Total Stream Irnpact
I---�--�_-- (linear ft) ---�- — (linear fi) -------�-----(iinear ft)---
Tota I
42
Total Stream [mpact for Project: 83 linear feet.
41
83
Neuse Ri arian Buffer Im acts
Zone 1 impact Zone 1 Buffer Mitigation Zone 2 lnipact Zone 2 Buifer Mitigation
s ft) 12e uired usin 3:1 ratio (s ft) Re uired usin 1.5:1 ratio
2910 N/A 2158 lY/A
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer I�r:pact for Project: 5068 square feet.
The project shall be constructed in accordance with your application received July 28, 2016. After reviewing your
application, we have decided that these impacts are covered by General'Water Quality Certification Number 3883.
This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also
valid for the Neuse Ripurian Buffer P.ules (1�A NCAC .02B .0295). In additior., you should acquire any other
federal, state or local permits before you proceed with your project ir.cluding (hut rot l:mited to) Sediment and
Eresion �on+r�!. TJor.-D�,char;c an� Wate: SGpply W'atershe�' �egu?atiens. This approval av;!I ��pire w�t!? the
accompanying 404 permit.
S,ate of North CaroL•na IEnviroumental Quali,y i tb'ate; Resourees
16�7 F�ail Service Center, Raleigh, �Jorth Carolina 27699-161 i
Phone ?19-80�-63GG
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 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 comnlying
with aIl the conditions. lf total wetland tills for this project (now or in the hrture) 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.0233. For this approval to remain valid, you must adhere to the conditions listed in
the attached :;ertification and any additional conditions listed'�elow.
Conditions of CeE•tfl�cation:
1. The post-consiruction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegPtated with appropriate native species.
[15A NCAC 02H .0506(b)(2)
2. As a condition of this 401 Water Quality Certification, the bridge demolition and consiruction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Managzment Practices for
Construction and R�aintenance 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-ireated 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 Caroli�za Department of Ti•ansportation Stormwater Best Management Practices
Toolbox manua] for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
4. Bridge piles and bents shall be constructed using driveri 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)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall bP caph�red, treated; and disposed of nronerly. [15A NC'AC 02H -0506(b)(3)
6. A turbidity curtain will be installed in the stream if �riving or drilling activities occur within the stream channel,
ar. the st.eam bank, or within � feet of the top of bank. This condition can �e waived witn pricr apprevai from th�
NCDWR. [15A NCAC 02H .0506(b)(3)
i. Ail bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position a�id
then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the Qot�om of the surface water. [15A NCAC 02H .0506(b)(3)
8. All stormwater runoff shall be directed as sheetflow through strear,l buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.0233]
9. Ali riparian buffers impacted by the placement of ternporary fill or clearing activities shall be restored to the
preconstruction contours and :evegetated. Maintained buffers shall be pern:anently revegetated �vith non-woody
species �y the end of the �owing season following completion of construc±ion. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation co:ridor that will be subject to regular NCDOT
maintenance activities including mowing. The area with non-maintained buffers shail ee permanently revegetated with
native woody species before the next growing season following completion of construction. [15A NCAC 2B.0233]
10. Pursuant to 15A NCAC 2B.0233(6) sediment and erosion control devices shall not be placed in Zone ] of any
Neuse Buffer without prior approval by the NCDV��R. At this time, the NCDWR has approved no sediment and
erosion cant�ol devices in Zon� l, outside cfthe approved prcject impacts, anywhere on this project. Moreover,
sed:r.ieiit and e�osi�r. CdIll?"OI �evices shall ne al:owed i.n Z;,n�: 2 of the b�af�ers p:ovid:,d that Zor.e ? is not
compromised and that discharge is released as diffuse flow.
1 l. Ii co;terete ;s used during consh acti�r�, a r1r� wc�rlc area shall be 7rzintainec� io pre�er�� ��rect cortact between
curing concrPte and sY�ar,� water. Water that ivadvertently contacts �.�r,cared cor�crete s;�all not be discbarge� to
surface waters d.�e to the potential for elevated pH and possible aquatic life and fish ]cl�s. [1�A NCAC 02B.Q2U0]
12. 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. [15ANCAC 02H.0506(b)(2)]
13. The dimension, pattern and profile of the stream above and below fhe crossing shall not be modifed. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
14. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
siabilization shall �e place� in strearn channe:s in such a r.ianner that it does not imped� aauatic life passage. f 15A
NCAi, 02H.C�506(b)(2)] . �
15. T'he Per.nittee shall ensure ±hat the fmal design drawings adhere ±o the permii and to the perm�t drawings
submitted for approval. [15A NCAC 02H .0507 (c) and 15l� NCAC 02H .0506 (b)(2) and (c)(2)]
16. All work in or adjacznt to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used ta prevent excavation in fiowing water. [15A NCAC
02H.0506(b)(3) and_ (c)(3)]
17. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and redtzce the intrc�duction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
18. A11 mechanized equipment operated near surface war_ers must be regularly inspected and maintained to pievent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
19. 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)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
21. The pP:zr!;ttee and its at�thorizP�.agenTs s?�a?1 ��n�uct �ts ac±ivitiPs �n a mar_ner cons�st�n± ��vith State water au�lity
standards (including any requirements resulting from compliance with §3U3(d) of the Clean Water Act) and any other
appropriate requirements of State and Fe�eral law. If the RTCD�'��R determines that such stantlards ar laws are nat being
met (including the failure to sustain a designated or achizved 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. [l SA
NCAC 028.0200]
22. A cony of this Water Quality Certification shall be maintained on the consh-uction site.at all times. in addirion, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained witt-i the Division Engineer and
Lhe on�site project manager. �15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 ('�)(2) and (�)(2)]
23. The outside buffer, wetland or water boundary located within the consh-uction 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 prior to any land disturbing activities. Im�acts to areas within the fencing 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 complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by•otner 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.
25. The Permittee sha11 report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NC.SC 02B.0506(b)(2)]
26. 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
�v�ek iacl�:��� in t;:c G�1 Cert;ficatiar, li�s been �oni�leted: [1SA hTC �C C2H.OSL2(f]
27. Native riparian vegetation (i.e., trees and stu-ubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of tne project by the end of the growing season following completion of
construction. []SA NCAC 02B.0233(10)1
28. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit 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
const:-uction activities. [15A NCAC 02H.05Q6(b;(3) ar.d (c)(3)]
29. Erosion and sediment controt practices must be in full compliance with all specificatians governing the proper design,
:nstallation and operation and maintenance of such Best Manag�ment PracticPs in order to protect surface v+�atPrs
standards �15ANCAC 02H.0506(bj(3) and (c)(3)]:
a. The erosian and sediment control measures for the project must be designed, ir,stalled, operated, and
maintained in accardance with the most recent version of the North Carolina Sediment and Erosion
Coritrol Planning and �esign li�Ianuai.
b. The design, installation, operation, ar_d maintenance of the sediment and erosian control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sedirrsent and. Erosion Control tl�fanual. The devices shall be maintained on all construction
sites, bo_rrow sites, and w�ste pile (spoil) projects, in�luding contractor-owned �r leased bor_-ow pits
associated with the proiect.
c. For borrow pit sites, the e.rosion and sediment controi 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 accardance with the
requirements of the Sedimentation Pollution Control Act.
30. 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 (c)(3)]
If ycu v�ish to �ontest any sta��m�nt in the attached �eriification you m�ust fi:e a petiiion for an admiristrative
hearu-�g. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office af 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
A_dministrative Hearings accepts filinas Monday through Friday betweeii the hours of 8:OOam and S:OOpm, eYcept
for officia] state holidays. The arigina] and one (1) copy of the netition must be filed with the Office of
Administrativ� Hearings.
The 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
��eiephone: (91a) 431-3000, Facsimile: (919) 43 i-3100
A copy of the petition must also be served en DE� as follows:
Mr. Sam M. Hayes, General Couns�l
Department of Envlionmental Quality
i6U1 P�Iail Service �,er.ter
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 Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Environmental Officer
File Copy
_ �%�� �.�t <:�� r� � � �
;,
Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Yroject Name:
Date of Issuance of 401 Water Quality Certification:
Couniy:
PAT MCCRUR�'
DONALD R. VAN DER VAART
S. JAY LIMMERMAN
Cerrtificate of Completion
Upon completion of all work appraved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent mo�ifications, the appiicant is reyuired to return this certificate t�� the 401 Transportation Permitting
Unit, i�io:-th Caroli:ta Division of Water Resources, 1617 Mail Service Cent�r, Raleigh, NC, 2i699-1617. This fo�m
rnay be retur�ed to NCD`J�'2 by the applicart, the applicant's aathiOiiZe(�i ��Zi�i, a: t� z p;oj�ct �nginzer. Ii iS IiOt
necessary to send certificates fi•om all cf 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
specifications, 2nd other sunporting materials.
Signaturc: �ata:
�9gent's Cert fcutian
I, , hereby state that, to the best of my ah:lities, due care and di!igence
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 su�parting materials.
Signature: Date:
Engineer's Cerfifreation
Partial Final
I, , as a duly registered Yrofessional Engireer in the State cf North
Carolina, having been authorized to observe (periodicaily, weekly, Tull time) the construcrion of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the obseryation 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 approvzd plans and specifications, and otiier supporting rnaieriais.
Signature Registratior 7vo.
Dzte
Statc oi Ncitl� C:uohaz 'iLnvircn;nensal Quality ', W ater Resoe�ce�
i6t7 Uail ServiCe Center, naleigii; Norfh Carolina 2769S-iGi7
Phone:^'9-807-630C