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Home My WebLink About20170183 Ver 1_Approval Letter_20170301{, Environmentul Quality Total Site I 2 ROY COOPG;R � ;�,� ��>�,,, MICI1Af?I. S. REGAN tit., � a�� S. JAY ZIMMERMAN u,��,��.",,,� n�<«�n i,zo�� Wayne County NCDW'R � roject No.20i701�; SR i SSti TIP No. W-5500 APPRQVAL, of 401 W.4TF.R QUALITY CGRTIFICATION and NF.USE [3UFFER AUTHORIZATiON, with ADDI'TIONAL CONDI'TIONS ivir. T.i�t. Lil(Iz. P.F:., Givisiun Engineer NCDOT, Division 4 �'O Bcx ;165 Wilson,TdC 21898 Dear Mr. Little: Yoii have our approval, in accordance with ilie conditions listed below, for the following intpac[s for the ourpose of widening SR l5�5 in Wa}me County: Shrnm Unpncis iu i6e iVeuse Rioer Bnsiu Sifc � i'erroau•rnr �ili in {�rter,niTfeni � "�'�m��or�r� lr!ij�met te !rte�i�mitteut � S�1'CAiYI (IIOCSf `I� � �irea�ii (iiucar fl) I 28 _� 15 ---- --- , -r— -- � ----- �� --- -- ---- — ----4 - ------- Toral 44 39 Total Stream hnpact fur Project: 83 linear feel. Wetland Im .acis in the Ne�:se Rirer E3asi: �eni C'il! (ac) Czcavatiun (aej htecha!�ized Clea 0.005 0.007 0.0 I 5 0 0 0.�01 0.009 C.007 OA16 futal Wetland impxct ior Project: 0.028 aeres. Neuse Riparian Buffer Zone f Impact Zone I Ru�fer Nlitig;�iion Required (sq ft) T (nsing 3:1 rntio) ?u}, N;A. -- ��99----�— ------N�F� - -- -- — 7.one 2 Impaci ;950 —_-1572 ---- Totals-l--5232----1------- 0 - - ---J--1---35J2 * n/a = lbtal for Site iv less Ihan I/3 acre and I50 linear feet of imt�act, no � '!'oial BiilYer {n�pac� Po.- Pr�iect� S^,F,.3 sq�:ore fcet, . . -'�-Neithing Coitipar�s �-.- �ta�e oF ni n� �L Cr�n.�hqR �� Cnnro�m ie�:r.�l U�ianp� Ibl i Nad Seivice Center i ILalel�ii. i�onh Cnroiew 27fi99-i6i 7 Toia l Str�a m� �i� ��aci [�[17 83 Total Wetland 1 0.027 0.001 0.028 Zo��e 2 f3uffer Mitiga4ion teqoired (using I.5;1 ralio) N/A -- N!.A - ---- 0 required The project shall be constructed in accordance with your �pplication received February l3; 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certitication Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not ]imited to) Sediment and Erosio=; Control, Non-Dischzrge end �fJater Suppl� Watershed regulations. This approval wili tlXalPO'NiGh t}te accorr.panying 404 permii. This appreval is valid solely for the purpose and desi;n described in your application (unless modifiad 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 a�d approval letter, and is thereby responsible for complying 4vith all the conditions. If total aetland fills fer th;s project (ncw or in the future) exceed one acre, or of total impacts to streams (now or in the fiiture) exceed I50 iinear feet, compensa[ory mitigation may be required as descrioed in i 5A NCAC 2t{ .0�06 ({Q (6j and (7). Additional buffer impacts may reaui�e compensatory mitigation as described in i 5A NCAC 2B.0233. . For this approval to remain valid, you must adhere to the conditions listed in the certification and any additional eonditions listed below. Conditions of Certificafion: 1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [ I SA NCAC 2B.0233] 2. 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 permanently 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 defined as areas within the transportation corridor that will be subject to regular NCD07' maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with ❑ative woody soecies before the next growing season following complr,tion of constructinn. �] 59 NCAC 2B.0233] 3. Pursuant to ;5A NCAC 2BA233(6). sediment and erosion control devices shall not be placed in Zone I of any ;�,'euse Buffer without prior apprcval by the NCDV✓R. At this time, the NCDNP.Iias approved ro sxd;ment and erosiun control devices in Zoue l, outside uf ilie approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall Se allowed in Zone 2 of the buffers provided that 7.one 1 is not compromised and that discharge is released as diffuse flow. 4. Unless otherwise approved in this certification, placement of culverts and other strucwres in open waters and streams, shall Ue placed beiow the elevation ef the sh eamUed by one F�ut for all cuiverts with a d;ameter greater than 48 inches, and 20 percent of the culvert diamete� fer culverts havin� a diameter less .han 48 inches; to a:low ]ow flow passage of �aater and aquatic life. Design and placemcnt of culverts and othar structures including tsrn�,orary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above struchires. The applicant is required to provide evidence that the equilibrium is being maintained if requested iu �vriting by the NCD WR. If this condition is un�ble to be met due to bedrock or other limiting T'eamres er.countered during construction, please contact the NCllWR f'or guidance on how to proceed and to determine whPther or no[ a permit modification will be requ'ved. [ I SA NCAC 02H.0506(b)(2)] 5. If multiple pipes or barrels are required, they shall bz ciesigned to mimic natural stream cross section as closely as possible including pipes or Uarrels at flood plain elevation and;or sills where appropriate. Widening the stream channel should be avoided. Stream chanr.el �widening at the inle± or oudet end of structures typica!ly decreases wa?er velocity causing sediment depositien that requires increased maintenaoce and disrupts aquatic life passage. [i 5A NCAC 02H.0506(bj(2)] b. i2iprap s: all nut be pl ;ced i�� the ae±ive thalweg chanuel or placzd in thz str;amb€d in a manner that preciudes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] '' For all sireams being iuipacted ri!�e to site dewateciog activities, tY,e site shal� he grLded t.n its preconstruction conteurs and revegetated with appropriar; native species. [I iA NCAC 02H J>06(o;(�j] 8. The stream channel shall be excavated no deeper than the natural bed materia] of the stream, to the maximum extent practicabie. Efforts must be made to minimize impacts to the stream oanks, as well as to vegetation responsible for maintaining the sheam bank stability. Any applicable riparian buffer impact far access to stream channel shall be temporary and be revegetated with native riparian species. [ISA NCAC 02HA506(b)(2)] 9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and sheam water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potentiai for elevated pH �md possibis aquatic life an�3 fish kills. j15A rICAC 02B.0^_001 10. During the cerstruction of the project, no staging of equipmen: of any kind is pennitted in wacers of the U.S., or proiected riparian huffers. [ I SA NCAC 03H.0506(b){2)] 1 I. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Dismrbed floodplains and sreams shall be restored to natural geomo;phic conditions. [15A NCAC 02H.OSQ6(b)(2)] 12. 7'he use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream chaimelc in such a man�er that it does noT impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 13 The Perroittee shall ensure that the final desian drawiegs adhere to the pennit and to the pe�mit drawings submitted for apnroval [] SA NCAC 02H .0507 (cl and ] SA NCAC 02H .0506 (b)(2) and (cl(2)1 14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BPdP measures from the most current version of NCDO'C Construction and Maintenance Activities manual such as sandbags, rock berms, coff rdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 16. 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)] l7. All mechanized equipment ooerated near surface waters must be regularly inspected �nd maintzined to nrevent oon'z,minatio^ of stream wate:s from fr.e15, !cbric?nts, hvdraulic fluidc, or ether t_r.xic materials. [15A NCAC 0'LF 1.0506(b)(3 )J 18. No rock, sand or otner materials shall be dredged from the stream channel except where authorized by this certification. [1 SA NCAC 02H.0506(b)(3)] 19. Dischaiging hydroseed mixturzs and �vashing out hyd:oseeders and other equiprneirt in or ad;acene to sur[ace waters is prohibited. [i5A NCAC 02H.0505(b)(.3)] 20. The permittee and its authoriz�d agents shall condcet its activities ir a manner conaiste�t with State wate� qu�lity sta�idards (including any requireinents resuliing frcm coinpliance with §303(d) of the C1ea!i `�l'ater Act) ai�d any other appropriate requirements of State and Federal law. If the NCDW R determines that such standards or laws are not being met (includin� the failure to sustain a designateci or aahieved use) or that State nr federal law is being violated, or that Further conditions are necessary to assw�e wmpliance, !he NCDWR may reevxluate and mudify this certificatio�. [i5A NCAC 02BA20Q] 2 L A copy of this Water Quality Certification shall be maintained on the construction site at all timcs. In addition, the Water Quality CertiScation and all subsequent modifications, it"any, shall be maintained wi[h the Division Engineer and the on-site prcjeet manager. [15A NCAC 02H .C507(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 au:horization, including all non-cammercial borrow and wTste sites associated with tlie projecE, shall be clearly marked by highly visible f'encing prior to any land disturbiag act:vities. [mpacts to areas within the fencing nrz prohibitzd u7less other.vise au,horized by tt!is certification. ; f SA NC�` C(12H.G501 ard .0502] 23. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulati:�ns; cr or�in�nce. that ma}- be impesed by other govenunert agencics (�.e. local, staie, ard federal) h�ving juri�diction, iuc!uding bar not limi2ed to applicablz baffar rules, stormwater manageme�+t ruies, soil erosion and sediroentatior. control requirements, :tc. 24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. (15A NCAC 02B.0�06(b)(2)] 25. Upon completion or the project (including any impacts at associated bortow or waste sites), the NCDO'I' Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and rewm the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�] 2E. Nazive riparian vegetation (i.e., trees and slvubs native to yaw geographic regiun) must b;; reestablished in the riparian areas within thz wnstruction limits of the project by tne end ef the growing season following complztion of construetion. [?SA NCAC Q2A.02;3(10)] 27. There shall be r.o excavatien from, or waste dispesal into, jurisdictional we!lands or waters associated with this pzrmit without appropriate modification. Should waste or bonow sites, or access roa3s to �aaste or borrow sitzs, be locatad in wetlands or su-eams, wmpensarory �riitigation wiil be required since that is a direct impact from road cunshvction activities. [ISA NCAC G2H.0506(b)(3) xnd (c)(3)] 28. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and eperation and maintenance of such Best Management Practices in order to protect surface waters standards [ t5A NCAC 02H.0506(b)(3) and (c)(3)]: a. 'ihe emsion and sediment control measuras for tha project must b? designed, installed, operated, and maintained in accordance with the most recent version of the North Carolrna Sediment a�:d Erosroi� Cnntrol Plannrng and IJesign Manrsal. b. The design, installation, operatien, 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 conshuction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. a For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance wit6 the most recent version of the Nnrth Cnrolina Surfnce Minrng Man?�nl. d. '['hz rec;amation measures and implementation mu;t comply with the reclamation in accordance with the requiroments ofthe Sedimentation Poliution Cer.tro: Act. 29. Sedimeni and erosion control measures shal! not be placed in wetlaods or watars urless otherwise approved by this Certitication. [15A NCAC U2H.0506(b)(3) and (c)(3) lf yoa �vish te cor.test nny staterrient in flie attacFied Certif cation you must file a peti!ion for an adminisirative hearing. You may obtain the petit:on ferm from the office of Administrative liearir�gs. Yuu musi filc the petition with the offce ofAd�niuistrative Hea�uig� within sixry (GO) days ofreceipt oftLis notice. A petiiioe is conside�ed filed when it is received in the oftice of Administrative Hearings during normal office hours. The Office of Adminis!rative Hearing� accepts filings Monday through Friday between the hours of S�OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the pe!ition must be file� with the Office of Adminishative HParings. The petition may be fa�ed-provided the ariginal 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 o� Administrative Hearings is: Office of Admieistra�ive Hearings 671? Mail Service Center Raleigh, NC 27b94-G714 .a;ephene:(9;9;431-3000,1'acsimiie:(S19)4�1-31G0 A copy of the petition nmst also be served on DF,Q as follows: Mr. Saia M.Ilayes, ,ener�l C�cnyei Departm�n, of F'.m�ironmentzl Quality 1601 Mail Servicz Czntar •This lerier compietes Ihe review of the Division of Water Resources under Sectinn 401 of fhe Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-87R6. Sincerely, G� �'� S. Jay mmerman, irector Division of Water R sources Electronic copy only distributior.: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Ofticer File Copy � i�, Y � � �-a Envrronn2ef7tal Qllal(tV NCDWR Project No.: Cuunty: :lppliczrt: ---------- ----------�-- Project Name: i)atr of Issuance of 40] Water (?uality CcrtiF;,a[ion: aov c oor>ra �u\ �l"ll:.'1 Mic Hnra, s. ii�cnN �, „�;�-. S. JAY ZIMMBRMAN r,h•rrror Certificate ef Conipietion U;�on coi�iplFtion uf all work approved wilhii� Ihe �101 Water Quality Cz�lificetion or applicable Buffer Rules, and any subsequent moditiczdons, thz applicant is �eqaired to rzturn this cerlificafe to tl-�e 40l Transportatioi� Pennitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Centec RaleiQh, NC. 27699-1617. This form mxy be returued to NCDWR bv lhe applicanl, tiie applicant's authoi ized agenl, m� ihe piojec� engineer. It is not necessary to send certiticates from alI of these. Applrcmrt's Cerliftcation l, , hereby state that, to the best of my abilities, due care and diligence was used in �he observation of the construction such that the construction was observed to be buil[ within substantial compliance and intent of the 401 Waler Qualiry Certificabon and Buffer Rides, the approved plans and specifications, and uther supporling inaleri�ls. ti i�n rt i �re: 1]ate: iigenr `s f rnificn�imr I, , liereby ;,ste [hat, t, the hcs� of my abilities, due carc and dilieence w�s used in [he obseiva[ion of the construc[ion such lhat Ihe construction was observed [o be built within substantial compliance anJ inhut eF(he 401 ;��aizr Qu.dity Cerlifcatiun end Bufler Rules, !ix; approvnd plans and specifisations, �nd othr.r supporting m�Terials. Sionaturc: Date: F�rgineer's ('erlificntion Parlial Fir.al I, , as a duly registercd Prefessiar.al Er.gince: in [he St�te of North Carolina, having bzen ai�thorizeJ to observz (periodicall}', n�eekiy, �ull time) ihz consVi�cuon of the project for N:z Permit[ee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construetirn ,ur,h diat ihe con�truciion wns oi�seived to i�c L�niilt wi(hin .vubslnnti�l compliance and intent of the d01 R�a[cr Quali(r' Cer.itica[ion �.nd [3uf��r Rule>, the approved pllns anC specifica;ion;, and other scppor[ing rmterials. Signature -- ---- liate Rc�ish�aticn No. ='�Nothing Cnr2��ares - . St�a�e oi NortL l�arol:na I 1=ovirnnnrer�.o.i QuaL^r Io I7 �tia�I 5ervme ientei I Italri�h, North iarolina 276iY-I bU