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Home My WebLink About20161132 Ver 1_Approval Letter_20161202Environmen ta! Quality PA'1' MCCRORY � �, , I�ONALD R. VAN UER VAART se��e�� JAY 7.IMMF.RMAN � ��,�i< u��.,� Decemher 2, 2016 Johns[on County NCDW'R Project No. 20161 132 Bridge 1 i on SR 1201 TIP No. B-4771 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSF. BUFFER AUTHORI7.ATION, with ADDITIONAL CONDITIONS VL. Fhilip S. Harris. Ii{. P.E.. CPM Natw�al Emironment Sec[ion Head Froject Developmen[ and Environnzrtal Analysis North Carolina Depaitment of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Harris, You have our approval, in accord�nce with the conditions listed below, for the following impacts for the purpose of replacing Bridge I1 in Johnsior County: 1'�'e.lai�d {�npacts i�: .he Ncuse River BasEr� I Hand Clearine f� Total I 0.01 Total W'etland Impact fnr Pmject: 0.01 acres. Site Zone 1 Impact (s ft) Totals 3766 Zone ! Buffer Mitigation tequired (usine3:l ratic N/A Zonc 2 Impact 1313 Zone 2 Buffer Mitiga:ion :equired (usin¢ I.5:1 ratic * n/a = Total For Site is les, than I/3 acre and I50 linear feet of impact, no mitigation required Tu[ai Buffer Impacl for Pruject 5079 syuare feet. IY/A The project shall be wnstructed in acwrdance wi[h your application received November 16, 2016. After reviewing your applica[ion, we hzve decided tha[ these impzc!s are covered by Cieneral Wa[er Quality Certification Number 3883. This certilication corresponds ro the Nationwide Peimii 3 issued by the Corps of Engineers. This approval is also valid for th� Neuse Riparan E3uffer Rule; (I i.q NC,4C A2B .0?9S). In addition. you should acquire ony other federal, state or local peimits before you proceed with your project including (out nut limited toj Szdiment and Erosion Control, Non-Discharge and Water Suoply Wa[ershed regula[ions. This approval will expire with the accompanying 404 permrt. '"Norhi�ig Compares - _ Slute uf North Carolina I Environnien[ai Qualitv ;6I I iv!a�l ServlceCrn[er I nelc�eh, NortL Carolina 27699-i5! 1 9i`I..�p7.9GU9 This zpproval is valid solely for the purpose and design described in your application (un?ess 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 Ge given a copy of ihis Czrtificaiion and approval letter, and is ihereby responsible for compiying with all the conditions. If total wetland fills for this project (now or in the future) 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 a�� described in l5A NCt�C 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in th� certi�icatior. and ar.y additior.al c�nditions listed �e�ow. Conditions of Certifica�ion: ]. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contoi:rs and elevatians. The impacted areas shall be revegetated witk appropriate native species. �15A NCAC �J2H .C506(L)(2) 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 NCDOT's Best Management Practices for Constniction and lViaintenance Activities. [15A NGAC 02H .0507(d)(2) �nd 15A NCAC 02H .05051b)(5)] 3. Bridge deck d:ains shall not �ischarge directly int� the stream. Stormwater shall be d;'rected across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour boles, 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)] 4. Bridge piles and bents shall be constructed using driven 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 N�AC 02HA�06(b)(2)] 5. Nu drill slurry or water ttiat has been in contact with uncured concreie shall be allowed to enter surface waters. 'This water siiall oe capiured, treated, and disposed ofproperly. [i5A ivi.Ai: U2H .G5�6(bj(3} . 6. A turbidity aurtain wili be instal?ed in the stream if driving or drilling activities occur within the st:eam channel, ----- -- - on the strea�� bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCD`vVR. [15A NCAC 02H .4506('u)(3} 7. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary cause��vays, er floa±ing or sunken barg�s. If work condit:ons req_uire barges, they �hall be floated into positio.i and then sunk.. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. �15A NCAC 02H .0506(b)(3) 8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise apnroved by this certifica±ion. [15A NCAC 2B.0233] 9. All riparian buffers impacted by the placement of temporary fill or clearing activities shali be restored to the preconstruction contot�rs and revegetated. Maintained buffers shall be permanently revegetated with non-woody specizs �y the end of the grawi�zg season following �orr�pletion of const�uction. For t�:e pu�csE cf th:s condition, maintained buffer areas are defined as.areas within the iransportation corridor that will be subject to regular NGDOT maintenance activities including mowing. The area with non-maintained buffers shall be pernianently revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 2B.0233] l0. Pursuant to i5A NCAC 2B.0233(6), sediment and erosion contr�l devices shail not be placed iu Zoi�e i of any I��;se Buife: ��itnotit ;�. ior ap�rova'_ � y±he N�DV��, At this time, tl;e itiTCl��'Jr ha� a,�pro�ed nc seciin�.�r�t �rid 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 eclm�r�:niseci and thar �lisci�arge ;.s reiPased as diffusv flov��. 1:. :f concrete is used during construction, a dry work area shall ba 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 potential for elevaied pH and possible aquaiic life ar�cl iish kiils. �15A idCAC 02B.0200] 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. [15A NCAC 02H.0506(b)(2)] 13. The dimer,sion, pattern and prof:le of th� stream above and below ±he crossing shall nat be r.i�difie�. Distu,bed floodplains and streams sl;all be restored to natural geomorphic c�nditions. [15A P�1CAC 02��.0506(b)(2)] 14�. The use cf rip-rap ab:.vs the Na:r.zal T�-Iigh Water Mark shall bc minimized. Any ri�-rap plac�d for stre4m stabilization shall'oe placed in stream channels in such a manner thai it does not impede aquatic life passage. [15A NCAC 02H.0506�b)(2)] i 5. The P�rr.iittee shall Pns�are that the fiaal d�sign dra�vings adhere tc the permit and to the pen�it dra��ings submitted for approval. f 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. All work in or a�jacent to stream waters shall be conducted in a dry work area. Approved BMP measures from th� most current version ofNGDOT Constn:ction and Maintenance Activi±ies mznua] such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.�SOC(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 reduce the introduction of other pollutants into the stream. f 15A NCAC 02H.0506(b)(3)] 18. All mechanized 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 J2H.0506(b)(3)] --� 19. � No i°ock, sand or oiiier materials shall be ciredged fi•om the stream channel except where auth�rized by this certification. [15A NCAC G2H.0506(b)(31] -• 20: Discharging hyd:oseed mixhves a�d was�ing out hydr^seeders and other eouipment ir. or ad;acent to surfac� waters is prohibited. [1_SA NCAC 02H.0506(b)(3)] 21. Tt-ie perr,iittze and i�s authorized agents shall conduct its activities �ti a ina�lne� consistent �ith Siate water qualit-y standards (including any requirements resulting fror.m compliancP with §303(d) of the C�Pan 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 th� failure to sustain a designa±ed or achieved use) er that State or feu�eral la�v is being violated, �r that fiarther conditions are necessary_to assure.compliance, the NCDvVR m�y ree��aluate and modify this certification. [15A _ NCAC 02B.0200] � 22. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site pruject manager. [15A NCA� 02H .0507(cj and 15A NCAC 02H .0506 (b}(2) and (c)(2)] 23. The outside buffer, wetland or water boundary located within the construction corridor approved by this autho: izat:on, u�ci�adilig uli no.i-commercial bo:�•ow and wasie sites associate:i wit� the pr�jzct, s�all be clearly :riarked by highly visible fencing.prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certitication. [15A NCAC 02H.0501 and .0502] 24. The issuance of this ceriitication does not exempt tlie Pzrmiitee fi•otn corr�plying with airy aud all statutes, rules, regulations, or c�rdinances rhat may be .imposed by otrier government agencies (i.e. local, state, and federal) having jl:l'1S�1C�i�it; ii]CiLt1;C!� ��1�' �iOt �it2�it£CI i0 ��:�IlC&�"ii8 �Llii01' �UiBS, StOli7l��a�� 1?1£{P3��:11�11t ;!.11CS, 50:1 ert�sicit aCG� sedimentation control requirements, etc. �5: The P�rmittee �hali re�.�.�rt any vioiati�ns cf th;s certific�tion to ihe D�vis�on oi �R%ater Res�urces wit�i�n %? be��.�t-s o!' disco�rery. (l5A �CAC 02�.�50f;(bl(2j;1 26, Upan campleticn of�the project (including any impa�ts at associated borrow ar waste sites), the NCDOT Divisian Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return the enclosed "Qertiiication of Completi�n F�im" to notify the PICDWR whe�-� ali work included li-� the 401 Certification has been completed. [i�A NCAC 02H.0502(fj] 27. Native riparian vegetation (i.e. trees and shrubs native to your geographic region) must be reestablished in the riparian �reas •��ithin the construction limits of the project �y the end of the gro�ving season follov�ing c�mpletion of construction. [15A NCAC 02B.0233(:0)] 28. There shall be ne excavation from, or waste disposa: into, jurisdictional wetlands or waters associated with this permit ��ithaut app:opriate modification. Should waste or bor:ow sites, or access roads ta waste or borrow sites, be located in wetlands or streams; compensatory mitigation will be required since that is a direct imuact Gom road construction activities. [15A NCAC 02H.0506(b)(3) and (c?(3) 29. Erosion and seiiiment control p: actices must be i�-� full compliance ��ith all specifications governing the proper desian, 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 for the preject must be designed, installed; operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Contf�ol 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 most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall 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 accordance with tne most recent version of the North Carolina Surface Mining tLlanual. - --�-��- - d. --i he reclamation measures and implementation mu�t cornply wi�ti ihe reclamation in accordance with the reyuirements of ihe Sedirrientation Po]lution Control Act. 3Q. Sediment and erosion control measures shall n�t be placed in wetlands or waters uniess otherwise approved by this Cert?fication. [15A NCAC 02H.OSQ6(b)(3) and (c)(3) If you wish to �or_test any statemeni in the attached C�rtif cation y�u r.iust file a petition for an admir.istra�ive hearing. You may obtain the.pe#ition_form from the office of Administrative hearin�s. You must file the petition with the offce of Administrative Hearings within sixty (60) days of receipt of this noticP. A petition is considered filed when it is received in the office of Administrative Hearings during normal oifice 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 pe±ition must be filed with the Office of �idministrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within �ve (5) l�usiness days follow�ing the faxed transmission. The mailing address for the Off ce of Administrative Hearings is: Office of Administrative Hearings G714 �U�ail Seivice Center Raleigh, NC 27b99-6714 T� �epho_r,e: �g 19) 431-3�00, Facs;;nil�: i9 3�) 43 i_� ? 00 A copy of the petition must also be served on DEQ as follows: 11�•. Sam ��i. Edayes, General Ccunse! Deoartmer,t of Enviroi,m�rtal �uality 160 � Mzil Service Center This letter completes the review of the Division of Water Resources under Sec6on 401 of the Clean Water Act. If you iiave any questions, please contact Rob Ridings at 979-707-8786. Sincerely, � � "V ' " °�-� G+ �' S. Jay Zimmerman, Director Division of Water Resources Electronic wpy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer Chris Rivenbazk, NC Department of Transpurtation File Copy Environme��tal Quality NCDWR Pruject No.: Applicant Project Name: Da[e of Issuance of 401 Water Qualih• Certification: County: Nn�r Mcckc�Kt I)t�NALD R. VAN Df?K VAAK"I' JAY /[MME[RMAN Certificate of Completion Upcn completion of all work approved wiHiin the 401 Water Quality Certification or applicable Buffer Rulzs, anA any subsequent modifica[ions, the applicant is required to re,urn this certifica[e to [he 401 Transportation Permitting Unit, Nor[h Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-16 1 7. 'Chis form may be re�rned to NCDWR by the applicant, the aoplicant's authorized agent, or the projec[ engineer. it is not necessary to send certificates from aIl of these. ApplicanPs Cerfifrcation I, , hereby state that, [o 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 [he 401 Wa[er Quality Certitication and Buffer Rules, [he approved plans and specifications, and othzr supporting materials. Signature� --,------- f?ate.--- Agen!'s Cer�ifirnlion I, , hereb}' state tha:. to the best of my abilities. due care and diligence was used in [he observa[ion of [he construc[ion such that the cons[ruction was observed [o be built wi[hin substantial compliance and in[ent of Ihe 401 Waler Quality Certification and Buffer Rules, Ihe approved plans and specifications, and other supporting materials. Signature Date: F.ngineer's Certificntion Partial Final ! , as a duly regis[ered Professional Engincer in the Stzte of North C:volina, having been a�thorized ro obszrve (period:cally, weekly, full time) the construction of the project for [he Pertnittee hereby state that, to [he bes[ of my abilitfes, due care and diligence was used in the observation of the construction such [hat the construction was observed to be buill within substantial compliancz and intent uf the 401 Water Quali,y Certifica[ion znd Buffer Rules, [he app:oved plans and specihcations, and other supporting materials. Signature Date Rz�istratiun No. �Nothing Campares - - i[atc oftiorih Carolina I linvironmental Q;,alih' i%�II Mal�JervmeCenrer'Re�leigh.?J��rthG:;alinn.".7h49-�;I! �r�,i.7�p_ ��;,