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Home My WebLink About20161133 Ver 1_Approval Letter_20161207En viron m en ta I Quality Si[e PAT MCCRORY � ��,.c:�,,,� UONALD R. VAN DFR VAART �ecioan I�Y IIMMFRMAN rnct: o�:.��,�� December 7. 2016 Johnston County NCD W R Project No. 20161 I 33 SR 1913 TIP No. R-5722 APPROV.AL of 401 WATER QUALITY CF,RTIFICATION and NEUSE BUFFF,R AUTHORIZATION, with ADDITIONAL CONDITIONS ivir. Tim Little, P.E., Division Engineer NCDOT, Division 4 PC Box 3 � 65 VY'ilson, NC 27895-3165 Dear Mr. Little: You have onr approval. in accordance with the conditions lis[ed below, for the following impac[s for the purpose of k�idening SR 1913 in Johns[on County: Site Tutal Stream In Fern�anent i� il� �r Intermi[te��t 21 Tuta1 Stream Impact for Projech 49 linear feet. in (he Neuse River 8asin 3�rmpurary En� art [�� I!IiE!RI!tiefl Si7eaul i iiAear ii) 28 Neuse R�arian Buffer Impacts Zon2 1 Impact Zo�c I 6uffer Mitigatioo Required Zone 2 Impact fsa ftl � (usine 3:1 ratia) � (sq R) Totals � 2443 N/A 2038 To[ai Siresm Imp�c[ a9 Zone 2 Buffer Mitigatioa teauired lusine I.5:1 ratii * n/a = Total for Site is less than I/3 scre and I50 linear feet of impact, no mitigation required Tolal Buffer Impact for Project 4481 square tee[. N/A The project shall be ca�structed in accordance with your application received November 16, 2016. ABei revizwing your application, we have decided that these impacts are covered by veneral Water Ouaiity Certification Number 3886. This certification wrresponds to the Na[ionwide Permit 14 issued by [he Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer (ISA NCAC .02B .0?9>). In addition, you should acquire any o[her fzderal, sta[e or local pennits before you proceed wi[h your projeci includiug (but not limited ro) Sediment and Erosion Control, Non-Dischar�e and Water Supply Watrrshed regulations. This approcal will expire wiih the accampanyiug 404 peimit. �'Nothing Compares -_- S[et. ofNorth Carolaia i Enviraimental Quality 1 F � � Man Ser ix Cznta I Ralei-oh, Mad� Cuo!iea "t'h99J 51 I ��o_�b-I-op00 -� This-approval-is valid solely €or 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 properly is sold, the -- ��_-�ew owner must be given a copy of this �ertificaiion ana approval iettei•, aiicl is thereby res�,onsible for complying with all ihe conditions. If total wetland tills far this projecc (now or in the future j 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.T1CAC 2B.0233. For.tl:is app:oval to remain valid, you must adhere to the conditions listed �n .- the c:,r�ificaticn an� any add:'tional can�itions listed belov�. - Con�:tio;►s of Certif�cation: .. . _.1. _ Riprap shall not be placed. in the act?ve .thalweg cha.nnel or placed in the streambed an a manner that precludes - �-- aquatic life passage.� Bioengineering boulders or stractures should be properly designed, sized and installed. [15A NCAC 02HA506(b)(2)] 2. Far any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction -� contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 3. 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] , 4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the _ preconstruction contours and revegetated. Maintained buffers shall be permaneptly revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, mainta.ined buffer areas are defined as azeas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with -native woody species before the next growing season followmg completion of construction. [15A NCAC 2B.0233] -�- -- -- ~---�� ---- �5.-'Pursuantto-15A� NCAC 2B:0233(6), sediment and erosion conirol devices shall not be placed in Zone 1 of any _: , �. Neuse Buffer.�without nrior.appro�al by.the NCDWR. At this time, the NCDWR has approved no sediment and _ : .--_:�. erosion_control devi.ces in-Zone-1, oatsiae-of the approved pmject irnpacis, aaiywhere on this'project. Moreover, -� ` - �_. _.- _�- sddi_mer�t anci�erosion control devi:.es-shall l�e a:l�wed in Zone 2 of the buffers provided that Zone 1 is nct compromised and that discharge is released as diffuse flo«�. -•=- -° 6: If concrete is�usecl dur;ng cons�uction; a dry woik area shall be maintained to prevent direct contact betwezn �°�^--- � ._ 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 kills. [15A NCAC 02B.0200] _,_ __ - .. _..7. During the construction of.the pro�ert, no.staging of equipment of any kind is permitted in waters of thP U.S,; or __ protected riparian buffers. [1SA NCAC 02H.0506(b)(2)] - �� 8. T'he dimension; pattern and profile of the stream above and below the crossing shall not be modified. Disturbed �-- -, floodplains and streams shall be restored to na±ural geornorphic conditions. [15A NCAC 02H.0506(b)(2)1 9. The use of rip-rap above the, Normal High Water Mark shall be mmimized. 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 G2H.OSC6(b)(2)] 10. The Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit drawings __ ,. subinitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] � ._- __.11: All work in or adjacent to st�eam: waters. shail be conducted in a dry work area. Approved BMP measures from �� '� ;: �. t�iz mcs�. Lt:r�ei�t F'ZiSi�l7 Gf ivl.�Q i v0175�Ui.tian an� �vlain;enar.cs Aciivit?es r�a:ival such as sancib�gs. 19C'� i?�i➢Y�39 cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] . .�12. Heas�� eq.iipm.nt shal.i �e �perated from the 6anks �•ather t�an in the s�rea� channzl ir. order ro min�zniz� . .. : sedirrientation an� r:,duce.the ;ntroduction af other pollutants into the stream. [1�A NCAC 02I-€A506(b)(3)J 13. 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 02H.OSG6(b)(3 j] � 14. 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)] 15. Disc�argir.g hyd:oseed mixtures and �vashing �ut hydroseeders ar.d other equipment in or adjacent te surface �;�aters is prohibite�. [15A NCAC 02H.0506(b)(3)] 16. The permittee and its authorizzd ager.�s shall con�uct its activities in a manne'r cor�sistent with State water qua:it-y standards (including any requirements resulting from compliance with §303(a) of the Clean Water Act) and any other �ppropriate re�uirements ef State and Federal law. If the NCDWR determines that such standards or Iaws are not being met (including the failure to sustain a designated or achieved use) or that State ar federal law is being violated, ar that fiu�iner conditions are.necessary to assure com�liance, the NCD�'VR may reeva:uate and modify this ceriircation. [15A NCAC 02B.0200] 17. A copy of this Water Quality Certification shall be maintained on the constructioa site at all times. In addition, the V�Iater Quality Certificatien an.d all s�sbsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] l$. T'he outside _buffer, _wetland or water boundary located within the construction corridar 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. Impacts to areas within the fencing are nrohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be irnposed by other government agencies (i.e. local, state, and federal) havuig jurisdiction, including but not lir.iited to applicable buffer rules, stormwater management rules, soil erosion and sediuientation control requirements, etc. - - 20. �The�Permiicee shall report any violations r,fthis certification to the Division of i%Jater Resours;es wiinin 24 ho«rs ut . discovery. [15A NCAC �2B.05�6(b)(21] _ � _ - 21. Upon completian of the project (including any impacts at associated borrow or waste sitesl, the NCD01' Division Engineer siiall complete and r�turr� the er�closed "Cei-tification of Conpletion Forni" ta notify tY�e N�DWR wher, ai� - work included in the 401 Certifcation has been completed. [15A NCAC 02H.0502(fl] 22. Native ripariar. vegetation (ie., ttees and shrubs native to your geo� aphic regi�n; must be reestablislied in the ripar:an areas within the construction limits ofthe pro�ect by the end ofthe growing season following completion of construction. [15A NCAC 028.0233(10)] • 23. 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, compensa'rory mitigaiion will be required since that is a d'u•ect impact fi•om road construction activities. f 15A NCAC 02H.U506(b)(3) and (c)(3) � - 24. Erosicn and sediment contc•al practices must he �;n fi�ll complianc� witl; all specifications goveniing the prcper des;ga, installation and operation and maantenance 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 sedime;it control nleasures for �l�e project must be designed, installed, oi�erated, and maintaiaed in_accordance with the most recent v�rsion of the Idorth Carolina Sediment and Er-asion Contrc�l Piar.ring c�n� �esigr t�lar,tiCl. 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 - Car•oii.na SeG�imcnt c�nd Erosi�n Corire_1 �1�anzrn.l. i he devices shall Ue .Yaintairecl or_ all c.onstruct;on sitzs, �orro�� si�es, a�a wast� pile (�p�il) n:ojects, inctading centractor-o.vned er leased borrod� pits ass�c:ated w;th the proiect. 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 Carolrna Surface Mining Munual. d. The reclamation measures and implementation must comply with [he reclamation in accordance with [he requirements af the Sedimentation Pollution Control Act. 25. Sediment and erosion control measures shall not be placed in wetlands or waters ur.less othen+�ise approved by this Certification. [15A NCAC 02H.0506(bx3) and (cX3)] [f you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the pe[ition fortn 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 wnsidered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday Uuough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one ( q copy of the petition must be filed with the Office of Adminisirative Hearings. The petition may be faned-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. T'he mailing address for the Office of Administrative Hearings is: Office of AdminisVative Heazings 6714 Mail Service Cen[er Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petidon must also be served on DEQ as follows: Mr. Sam M. Hayes, Generai Cuunsel Ikpartment of Env'vonmental Quality 1601 Mail Service Center 7'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you have any quesrions, please contact Rob Ridings at 919-707-8786. Sincerely, �� ,�1 � �,` V . S. Jay mertnan, D'vector Division of Water Resources Elec[ronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Uivision 4 Environmental Officer File Copy Environmen taI Quality NCDWR Pro,ject Nu.: Applicask -_---_- Project Name: Date of Issuance of 40! Wa[er Quality Certi�cation: County: PA'I� MCCKORY DONALD R. VAN DF,R VAART _�...ei.,�c JAY 7IMMtRMAN Certificate of Cempletion U000 comple[ion of all work approved within the 401 Water Quality Certification or applicable 6uffer Rules, and any subsequent modificatirns, the applicant is required to retum this certificate to the 401 Transportation PermiYing Uni[. North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh. NC, 27699-1617. This form may be returned tu NCDWR by the auplicant. the applicani's authorizad agenl, or [he project engineec It is nut necessary to send certificates from all ef these. Applicant's Cerlifrcation 1, , hereby state that, to [he best of my abilities, due care and diligence was used in [he observation of the construction such that the construction was observed ro be built within substantial compliance and intent of [he 401 W ater Quality Certification and Buft'er Rules, the approved plans and specifications, and other supporting materials. Si�ah!re: Date'___ ___ _ AgenPs Cer.7,6cali�n I, . hereby state that, to thc best of my abilities, due care and diligence was used in the observation ot the construction such that the construc[ion was observed to be built within substantial complittnce and u�t�nt of the 401 Wa[er Quality Certifica[ion and Buf18r Rules, lhe app:oved plans and specifications. and other supoorting materials. Signature: F_ngineer'.s Cerlifrcalion Partial Final 1, , as a dul}' registered Professior,al Engineer in the State of North Caroiina, li2ving bezn authorized to observe (periodically, weekly, foll time) the consh ��ction of [he project for the Permittee hereby s[ate that, to the bes[ of my abilities, due care and diligence was used in the observation of the cun.truction ;uch tha[ the construction was obszrved to be built within substantial compliance and iniznt ofthe 401 Water Quality Certiticatior and 9uffer Rules, the approved pla^s and specifica:ions, and other supporting materials. Signuture Cate Rcgislra:ion No. �'Nathing Con3pares -_, Sta:e ofNortn C&rdira; Envir�nmcnal Quaiity 161 I hiail, Sa;v;ee Canter', !taleigh, No ;h Carulina 27699 �161 ! y�u �L»AIi00