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Home My WebLink About20130516 Ver 2_Approval Letter_20161213Environmental QUalfty PA I� �9CCRURY , ,,,��c� ��,„ I)t)V�I U R VAN UER VAART ��'C�Cl3n JAY 71MMERMAN December 13, 2016 Wayne County DWR ProjectNa 20130516 ver.2 Bridge 301 on SR 1753 State Project No. 17BPAR. I R APPROVAL of 401 WATER QIJALITY CERTIFICATIQN with ADDITTONAL CONDITIONS tdr. Tim Littic, P.E., Division Engineer NCDOT, I'iivision 4 PO Box 316� Wilson, NC 27855-3165 Dear Mr. Little: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 301 with a wlvert in Wayne County: Stream I Site i Fermaneni Fill in Perennial Stream SV Tutal I 50 � Total Stream Impact for Project: 61 linear feet. Site I Total in the Cape Fear River Rasin Temporary Dewatering [o Perennial liream :iin?ar ftl 11 in the Cane Fear River Basin < O.OI Total Wetland Impact for Project: <0.01 acres. < < 0.01 Totai Stream Impaci 61 61 The project shall be constructed in aceordance with your application reeefved May I>, 2013 and ranewal request received December 13, 2016. After reviewing your application, we have decided that these impacts are covered by General Water Quality CeRification Number 3886. This csrtitication corresponds to the Nationwide Pennit 14 issued by the l:orps of Engineers. In addition, you should acquire any other fede;al, state or local permits before yoc proceed with yeur project ir.cleding (bu[ not limited [o) Sediment and Erosion Control, NomDischarge and Wa[er Supply Watershed regula[ions. This approval will expire with the accompanying 404 permit. This Certification replaces the one issned May 22, 2013. '�Nothiny Cnrnpares =- . Sa.c eC'.:orih C&roline � F,nvirunmcnixl Q�alitti 151 ! h1aJ `arvicu Center I R.uieigh, Nort6 Carohna "t76�i9-1 � i i � 19 907-90Pf �- =--- This approval is valid solely for the pu.-pose and design described in your application (unless morlified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the �� -new owner niust be given a copy of this CerCif cation and approval letfer, and is thereby responsible ior conipiying - wiih 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 maybe required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the . :.,conditions listed in the certification and any additional conditions listed below. '� Conditions of Cee�tifica�ion: -- � �� 1. -As a condition of this 401 JVater Quality Certification, the bridge demolition and construction must be __.... accomplished in s�i�t compliance with the most recent version of NCDOT's Best Management Practices for �-� '� Gonstruction and Maintenance Aativities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] - ��-. . 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and --_,_ o:_,_ streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than -- 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow ...-. passage of water and aquatic life._ Design and placement of cu?verts and other structures including temporary erosior. control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or �� • J �-� � banks, adjacEnt to ar upstream a�d down-stream of the above structures. The applicant is required to provide evidc:�ce -_ .. ___ .. . that the equilibrium is being maintained.if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock ar other limiting features encountered during construction, please contact the NCDWR for guidance on .__ ....how to proc.eed and to.determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] , 3. Riprap shall not be placed in the acfiVe thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2 j] �. �_-,_ -° ' 4: For�any streams beingimpacted dueto-site dewatering activities, the site shall be graded to its preconstruction � -,:�. .� contours and revegetated with appropriate native species. [15A NCAC 02H.0506(bl(2)] �`� � •• ___ .,=;= S., The=ctr�am.:,hanrel-shall be e�:�avat�d r.,o deaper than tbe ratural bed material ofthe stream, to the maximz�m _. .- . :�• ....-- extent practicable. Efforts must be.made to.-minimize impacts to the stream ban.ks, as well as to vegetation responsible .::,: �-... for maintaining the_stream bank.stability. .Any applicable riparian buffer unpact for access to stream channel shall"be • --� teniporary•and be revegetated with native riparian species. [15A Iv'CAC 02H.�506(b)(2)] 6. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between �. ... - cur.ing concrete and stream.water. -Water that inadvertently contacts uncured concrete shall not be discharged te ..... .. ..... .:surfac�:waters.d��e to.the potential:fo"r eievated pH and possible aquatic life and fish kills. (15A NCAC 02B.0200] 7. During the construction of tbe�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)] - �� - 8. The dimension, pattern-and profile af the stream above and below the crossing shall not be modified. Disturbed floodplairis arid streams shall-be re§tored to natural geomorphic conditions. [15A NCAC U2H.0506(b)(2)] �- � 9. The use of ri�-rap above the Normal High Water Pdark shall be mir,itr�ized. Any i-i�-:a� placed for stream -. .. ...� _ stabiliza±ion shall be placed in stream channels in such a manner that it does not impe�e aquatic life passage. [15A NCAC 02H.0506(b)(2)] �_ . = 10. ThE PErnii�tee shall ensure that;the iv-Aai design drawings adhere to thepermit and to the perniit drawings � :. submitted for.appmval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 11. All work in or adjacent 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, _.. _�: cofferdatns �rid other diversi�r2 structur�s shal? be Lsed to preve�:t exca,�ation in floi�ving �vater. �l 5_A_?�CAC 02H.USUh�b)(3) and (c)l3)1 �12: Heavy equipment sha�l be operated �om the banks rather than in the stream chana�el in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 13. ,�11 mecnanized equipment operated near surface waiers must be regulariy inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 14. No rock, sand ar-�ther materials sha11 be dr�dged from th� strear:i chanr,el except where authcrized by thi� certification. [15A NCAC 02H.0506(b)(3)] 15. Discharging hydroseed mixtu:es a�d washing out hydroseede:s snd ather equipment in �r adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 16. The pernuttee and its �uthorized agents shall conduct its activities in a manner consister.t with Stat� water quality standards (Lncluding any requirements r�sulting fror.i eomgliance with §30�(d) of the Clean Waier Act) attd any otner _ 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 conditior.s are nec�ssary to assure complianae, the NCDWR may reevaluate and modify this certification. [15A NCAC 02F3.0200] 17. A copy of this �Vater Quality �crtifi:.ation sha11 be maintained on the construction site at all times. In addition, the - • Water Quality. Certification.and.ail subsequent 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)] 18. 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 with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] � --19. The issuance of tnis cerrtiiication does not exempic the Permittee from complying with any and ali siatutes, ru1es, -�-- , regulations; or ordinances that may be: imposen by otlier government agencies (i.e. local, state, and federal) having -_ -_ �_ , jurisdiction, including. �itit not limitrd tci applicable b��ffzr rules, stormwater management ivie5, soil erosion and sedimentation contrcl requiremants, �tc. - � - .�.. 20. The Permittee shall.report any .violations of this certification to the Division of Water Resources within 24 hoivs c�f .: discovery. [15A NCAC 02B.0506(b)(2)l ' � � 21. Upon completion of the project (including any impacts at associated bonow or waste sites), the NCDOT Division Engineer shall complete and re*au.� the enclosed "Certifcation of Com�letion Form" to notify thP NCDWR when all ___ work included in.the 40] Certification has been completed. [15A NCAC 02H.0502(fl] 22. Native riparian vegetation (i:e; trees and shrubs naiive 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 construction. [15A NCAC 02B.0506(b)(2)] 23. T'here 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 wztla��ds or streams, compensatoiy � mitigation will be required since that is a direct impact from. road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 24. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, instaliation and operation a�-�d rnainter,ance of such Eesi Mauagement Practices ui order to proteci surface waters standards [15A NCAC 02H.050G(b)(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 Contro! Pianning and Desi;n Murra�r�l. 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 Carolinu Sedin,e�t[ artd Erosion Con(ru! ,Lla�ival. The devices shall be mainiaineti ou ali conslmction si[es, oorrow si[es, and was[e pile (spoii) projects, including contrac[or-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 wirh the most recent version of the North Carn!inn Surface Mining Manu�cl. d. The reclamatior. rc�easures ard implementa[ion must comply with the reclamation in acccrdance with the requirements of the Sedimentation Pollution Control Ac[. 25. Sediment and erosion control measures shall not be placed in wedands or waters unless otherwise approved by this Certificatioa [ISA NCAC 02H.0506(b)(3) ard (c)(3)] If you wish to contest any statement in [he 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 [he office of Administrative Heanngs within sixty (60) days of receipt of this notice. A peti[ion 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 [hrough Friday between the hours of 8:OOam and S:OOpri, except for official state holidays. The original and one (I) copy of the peti[ion must be filed with the Office of Administrative 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 671d Mail Service Center Raleigh, NC 27699-6714 TeiepV�aie: (9i9j 431-3000, Facsimila (919) 43 i-3100 A copy of [he petition must also be served on DEQ as follows: Mc Sam M. Haye�, 3eneral CvwisEl Department of Emironmental Quality 1601 Mail Service Center This letter completes the review of the Division of Wa[er Resources under Section 401 of the Clean Water Act. If ynu have any questions, please centact Rob Ridings at 919-707-8786. Sincerely,_ � / �� %�� . �S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffer.s, US Army Corps oC Engineers, Washington Field Otticc Chad Cvngins, Civ�sion 4 r��;�onmentzl Offreer File Copy Environ men tal Qua[iry YCDWR Project No.: _ Applicant: — ----------- Project Name: Date of Issuance of 401 Water Quafiky Ccrtification: County: PA�1 b�ICCRUKI' I)UVAI_U R. �'/�I� UfiR VAART JAY /IMMI?K�14N Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequen[ modifications, the applicant is requirzd to return this certificate te tSe 40! Transportation Pertnitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleiqh, NC, 27699-1617. This form may be returned to NCDWR by tlie appiicant, the applicanYs authorized agent, ur the project engineer. I[ is not necessary to send certificates from all of these. Applicant's Certification 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 the 401 Water C)uality Certifiwtion and Buffer Rules, the approved plans and specifications, and o[her suppor[ing materiais. Signeh�re: _ Da±e: Agen:'.s Certifrcarien 1, , hereby state that, tc the best of my abiGties, 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 in!ent of the d01 N'ater Quality Certif:cation and Buffer Rules, the approved p!ans and specifications, and other supportine materials. Signature: Engineer's CerBfica(ion Partial Final I, , as a duly registered Prof ssienal Engineer in the State of North Carolina, having bPen autherized to observe (periodieally, weekly, full time) the construction of the preject for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observatwn of the construction such that the constivction was observed to be built wi[hin substantial compliance and intent of ihe 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, ard o[her supperting ma[erials. Signa[ure Date Registrarion No. �'Nothing Compares'-., Slaie of NuNi Ca� ohn&'i EnvironmunWl Qualitr '.5I I h!as i Sen�ia Cen:Ps', Raiei �h, No4h (;aroLnu 27699- I6 �. ; 9�q.7,7.9Cp0