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Home My WebLink About20160826 Ver 1_Approval Letter_20160907Environmenta! Quality PAT MCCRORY ; ;. ,��, � �,� �� DONALD R. VAN DER VAART ��c�� JAY ZIMh4ERMAN I �`,�'R Din_et;�r September 7, 2Q�6 Nash County NCDWR Projec� No. 2G160826 Bridge 62 on SR 1109 State Project No. 17BP.4.R.F9 APPROVAL of 40l WATER QUALITY CERTIF[CATION and NEUSE BUFFER AUTHORIZAT[ON, with ADDITIONAL COI�IDIT101VS ivlr. Tim Little, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wiison, NC 27895-3165 Dear Mr. Little: You have our approval, in accordance with the conditions listed below, for the following impacts for the puroose of replacing Bridge 62 in Nash Counh,�: �iream impacis in tne ;�ieuse River Besin `�JEie � L�lzB��OCi {2.�;•j;}Calu�tt Gi �7�e�•rzirtrn� Stream �iitie�r f'tj ; i�1ii31 �TfCaii! �i[Sl TOtB� 1�� Total Stream Impact for Project: 181 linear feet. Site Zone 1 Impact (s ft) Totals 3069 Neuse Ri�a 7.one 1 I�uffcr Mitigation teauirPd (usin� 3:1 rati� 1►//:1 rian Buffer Impacts __ —�� Zone 2 Im�act 1489 Igl Zan. 2 Buffer Mitigat�on :equired (usir.� 1.5:1 rati� * n,'a – Toeal for Site is less than 1;3 acre and 150 iinear feet of impact, 7o mitigation required Total Buffer Impact for Project: 4558 square feet. N/A The project shall be constructed ir accorda7ce with your application received August 24, 2016. After review�ng your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Naticnwide 1'ermi; 3 issued by the Corps of En�ineers. This approval :s also valid for the Neuse Riparian Buffer Rules (1 �A NCAC .�2B A295). In additivn, you shouid acquire any othe�� federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge anu Water Supply Vb'atershed regulations. This approval will expire with t}ie accompanying 404 permit. �`Nothing Campares`��.-- ;iaic of North Carolitia � Environmcntsl Quality '.E 1', P.?ai! Service ��rter ; Rafeign. �lorth Carolinz 27699-16! I 9I4-7n?_9000 Th:s approval is valid solely fo: th� purpose and design described in yoar appliaat:on (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the properiy is sold, the new own�r niust be gic��en a copy of this Certificatioit and appraval le�ter, and is thereby t�espansible for c�mplying with all the conditions. Ii total wetiand fills for this project (now or in the ruture) exceed one acre, or ot 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 ] SA NCAC 28.0233. For this approva! to remain valid, you must adhere to the conditions listed in th.e attached certificat:on and an}� addit�onal conditia;�s l:sted below. Conditians af Ce: ti�cation: 1, Channel relocations shall be completed and stabilized, prior to diverting water into the new rhann�l. Strearrx banks shall be matted .vitfi coir-fiber matting. Vegetation used far bank stabilization sha11 be limited te native riparian vegetaiion, and shculd include esta�lishn:ent of a vegetated buffer on bcth si�es of the r�locat�d channel to ihe maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. i15A NCAC 02H .0506(b)(3)] 2. As a condition of this 401 Water Quality Certification, the bridge demolirion and construction must be accomplished ir� strict compliar,ce with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [l SA 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 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 meastu•es. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. Bridge piles and nerrts shall be constructed using driven piies (hammer or vibratoryj or drilled shafc construction methods. More specifically, jettin� or other methods of pile driving are prohibited without orior written anproval from the i+1Ci�VVR first. [I SA NCAC 02H.OSu6ti j(2 j] 5. No drill slarry or water that has been in contact with uncured concrete shall be allowed to ent�r surface waters. This water shall be captured, treated, and disposed of properly. [15A NCA� 02H .Q506(b)(3) 6. A turbidity curtain will be installed in the stream if driving or drilling activities o�cur within the stream chan.nel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b;(3) 7. All stermwa±er runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [1�A NCAC 2B.0233] 8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconst�uctial contours and revegetated. Maintained buffers shail be peimanently 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 de6ned as areas within the transportation corridor that will be subject to regular NCDOT maintenarce aciivities includ'.r,g mow:ng. The area with nor,-maintained buf:ers shall be perrnanently rer�eg�tated witl� native woody species before the next growing season following completion of construction. .[15A NCAC 2B.0233] 9. Pursuant to 15A NCAC 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Bu�ier witiiout prior a�iproval by the N�D`JVR. At this time, the NCDWi� has approved no sedi�nent and erosion co��trol devices in ZonP 1, outside of the apnroved project impacts, anywhere on th'►s nroject. Noreover, S�(i1T71011+ 37� fl"Oitqi? s�Jit2.l'u� �OV�iES Slloil �J8 c111vV✓8� �tt 7CI1� �. Of ir0 � aifE;S f?rOV;t"�0(� �l�ai Z��i C i 3S i]Cst compromised and that discharge is released as diffuse flow. 1Q. TT cancreie is use� during constructi�it, a djy work area shal: l�e m�ini�iued io preaient dii•ect co��tact bet��eeii �uring concret� ��d st~eam a�ater, Water �hat ina�ver-tently contacts uncured concreie shaii not �e dischar�ed to su; face wat�rs clue to the potent;ai for elevated pH ar,d possible aGuatic iife and fish kilis. [l SA NC.SC 02B.020�] 11. Juring the �onstruc:ion of the pro;ect, no staging of equipment �f any kind is permitted in vvaters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 12. The dimension, pattern and profile of the stream above and below ihe crossing shail not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 13. The us� of rip-rap above the Norma] High Water Tnark shal] be minimized. Any rip-rap placed for stream �tzbil:zatier shul; be pla�ed in st�earn channels in such a ma:�n�r that it does not impe�e aqua±ic life passage. i] SA NCAC 02H.0506(b)(2)] 14. Th� Perriittee shali e�sure that the f:nal dzsign drawings adhere to the per•nit ar�d ta the pernit clra�vings submitted for approval. f 15A NCAC 02H .OSU7 (c) and 15A NCAC U2H .0506 (b)(2) and (c)(2)] 15. A�1 work in or adjacent to siream waters shall be conducted in a dry �,vork area. Approved BMP measures from t�e most cur: ent versic�u of NCDGT Construciion and Maint�nance Activ:ties manuai sucli as sand�ags, rock berms, cofferdams and other diversion structures shall be used to nrevent 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)] 17. All mechaniz.ed 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)] 18. 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)] 19. llischarging hydroseed mixiures znd washing out hydroseeders and other equipment in or adjacent tc surface waters is prohibiied. [i5A NCAC 02H.OSG6(U)(3)] 2G. The permitiee and its authurized agents snall conduct iis activities u� a nianner consistent wiih State water quaiity standards (,includ;'.^�g any requirements r�sulting from complian.ce with �3(13(,d) of the Clean Water Actl and any other appropriate requirements ef State and Federal law. If the NCDWR determines that sucr 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 r,ecessaiy to assure compliance, the NCD�VR may reevaluate and ir�odiiy this certification. [15A NCAC 02B.0200] 21. A copy of �his Water �uality Certification shall be maintained on the const��uct:en site at all times. In addition, the Water Quality Cerkification and all siibsequ�nt modifications, if any, shall be maintained with the Division Engineer and the on-site �roject manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 22. 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 yvith the project, sha?1 be clearly marked by highly visibie fencing prior io any land disturbing activities. Impacts to areas within tne fencing are prohibited unless otherwise authorized by this certification. �15A NCAC 02H.0501 and .0502j 23. The issuance af this cei�ification cioes r.ct exe�npt the Per.nittee fror,i comp�y;ng wiih sny and all staiutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and fedPral) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Pei-�niitee shali repori any violations of this ce�iification to the Division �f Water Resources within 24 hours of �:s�over;. [l5A fJ: �C G2F3.OSc�b�bl�2)j 25 Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division �ngine�r snall com�lvte and ret�arn ti�P er.close� "Ceriificati�n c�f Coinplet�or. F�n_i" to natif�� i.he NC��UR when all work inclt.ded :n the 404 Certificution ttas Ueen c�mplet�d. �1_SA NCAC GiH.�502(fl] 26. 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 cunstruction. [15A NCA� 02B.0233(1�)] and [15A NCAC 02B.G506(bj(2jj 27. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or bonow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be : equired sir.ce that is a direct impact from road aonstruaticn activ:ties. [15A NCAC 02H.J506(b)(3) and (c)(3�1 28. Erasion and s:,diment control practices must be i.� full compliance with all specificatians governing the proper design, installation aad aperatian aad maintenance of such Best iV�anugement Pra�iices ir. orde� tc protect surface waters 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 :na:i:tained in accordance with tke most reeent veiS10I1 OF the r+'crth Carolina Sediment and Erosion Control Planning and Design Manzsal. 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 Sadzment and Erosion Con.trol Manual. The devices shal? 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 cnntrol 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. Se3iment and erosion control measures shall not be placed in wet:ands or waters unless etherwise approved by this Certificaiion. [15A NCEiC 02H.0506(b)(3) and (c)(3)) If y�u �.ish to co�test ?ny sta�teirent in the attached Certificatiar, 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 ofYice of Administrative Hearings within sixYy (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Adtr,inis�rative Hearings during r�a,mal office hours. The Office of Administrative Heat•ings accepts filings Menday through Friday bet��een the howrs of 8:OOam and S:OQpm, 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 fax_ed-provided the original and one copy of the document �s 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 Tele;��ane: (919) 431-30J0, Facs:mi;e: (919) 431-3100 A copy of the petition must also be served on DEO as follows: Mr. Sarn 1�'[. Hayes, Gzneral Counsel Department of Fnvironmental Quality :6C3 Ma�l "ae�vice Cea�er 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, �/ " .�' - o�� S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Stei%ns, US Army CorQs of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer (if WQC not addressed to them) File Copy Environmen tal Quality NCDW�R Pruject No.: Applicant: __ Project Name: �ate of Issuance of 401 VNat�r Q�ality Certitica�ior: County: PA'1' MCCRORY �� ,��,,, DONAI.D R. VAN DF,R VAART ;:�..:�«�� JAY 7,IMMF_,RMAN i,',��I�r. �,��,�cci�,� Certi�cate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Riiles, and any subsequent modificatior.s, the applicant is required to return this certificate to the 401 Transportation Ferr.�itting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei.�h, NC, 27699-1617. This form �nay be returned to NCDWR by the applicant, the applicant's aathoriaed agent, or the proiect engineer. It i� not necessary to send certificates from all of these. Applicant's Certifieation 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 Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Siena+t�re: Dare; ,lgent's Certificatian I, . hereby state that, to the best af my abilities, due care and diligencc was useci in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of thP 401 Water Quality Certification and Buff r Rules, the approve�l platis ar�d specifications, and other supporting materials. Signature: Qate: Engineer's Cerlification Partial Final I, , as a duly registered Professienal Engineer in the �tate ef North Carolina, having been authorized to ebserve (peria�,ically, weekly, full time) the constructior of the project for tl;e Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observafion of the construction such that the conttrucii��n was observed to be built within substantial eompliance and intent of the 401 Wuter Quality Certi:ication and Buffer Rules, the approved plans and specificatians, and other supporting materials. Signature I)ate Registration Nu. �"NntY�ia�g Coe�apares "= , �taie c� ivc�th Carolina j cmiron��cr�tal Quaiity ! 6; ? Maii �ervicc Ccnter ; Ra!eigi�, ".orth Car� i ina 27649-! o( I 9!9_7G?-90�0