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HomeMy WebLinkAbout20170837 Ver 1_Approval Letter_20170724 (2)� � � Envlronmentul Qua(ify Site Total ROY COOPER �;,,����,�„�� MICHAEL S. REGAN ��r„r�m�r S. JAY ZIMMERMAN u�,�����«,T July 24. 2017 Wayne County NCD W R Project No. 20170837 US 117 at SR 1120 TIP No. U-5796 APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS Mr. Tim Little P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson,NC 27895 Dear Mr. Little' You have our approval, in aceordance wi[h [he condi[ions listed below, for [he following impacts for the purpose of an in[erchange at US I 17 a[ SR I 120 in Wayne County: Wetland Im acts in the Neuse River Basin Permanent Fill Excava[ion Mechanized Clearing Hand Clearing 0.001 I O.OU4 I 0.028 Total Wetland Impact for ProjecC O.t33 acres. 0.100 Total Wetland Im�ac[ (acl 0.133 The projec[ shall be construc[ed in accordance with your application received July 6, 2017. After reviewing your application, we have decided tha[ these impac[s are covered by General Water Quality Certification Number 4088. This certifica[ion corresponds to the Na[ionwide Permit 14 issued by the Corps of En�ineers. In addition, you should acquire any other federal, sta[e or local permits before you proceed with your project including (but not limi[ed to) Sediment and Erosion Control, Non-Discharge and Water Supply Wa[ershed regulations. This approval will expire wi[h [he accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should yourproject change, you must notify the NCDWR and submit a new application. If[he property is sold, the new owner mus[ be �iven a copy of this Certification and approval let[er, and is thereby responsible for complying with all [he conditions. If [otal wedand fills for this project (now or in the Future) exceed one acre, or of total impacts to streams (now or in the fu[ure) exceed I50 linear fee[, compensatory mi[iga[ion may be required as described in ISA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mi[igation as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in the General Certification and any additional conditions listed below. Conditions of Certification: Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a co�cem, shall not be buried. These pipes shall be installed at natural ground elevation. [15A NCAC ?H.0>06(b)(2-3)] Slnie of Nonh Carolina I Emironmentai Quality I G 17 Mail Service Cenrer I Raleigh. North Carolina 27699-1617 2. If concrete is used during construction, a dry work area shall be 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 elevated pH and possible aquatic life and ' fish kills. [15A NCAC 02B.0200] 3. 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)] 4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(2)] 5. 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, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 6. 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.0506(b)(3)] 7. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] ' 8. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean 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 the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15�A NCAC 02B.0200] 9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 10. 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 project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 11. The outside bufFer, wetland or water boundary located within the construction corridor approved by this authorization 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] 12. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 13. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 14. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return 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( fl] 15. Native riparian vegetation 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.0233 (10)] 16. 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 wetlands or streams, compensatory mitigation will be required since that is a direct impact from road conswction activities.[15A NCAC 02H.0506(bx3) and (cx3)] 17. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [ I SA NCAC 02H.0506(bx3) 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 Control 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 requ'vements specified in the most recent version of the North Carolina Sedrment and Erosion Contro! ManuaL T'he devices shall be maintained on all consavction sites, borrow sites, and waste pile (spoil) projects, including contractorowned or leased borrow pits associated with the project. c. For bottow 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 Carolina Surface Mining Manual. d. The reclarnation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [15A NCAC 02H.0506(bx3) and (cx3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Adminisdative hearings. You must file the petition with the office of Administrative Hearings within siuty (60) days of receipt of this no[ice. A petition is considered filed when it is received in the office of Administrative Heazings during normal office hours. 7'he Office of Administrative Hearings accepu 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 petition 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 fa�ced transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Qualiry 1601 Mail Service Center 7'his 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, 1 �r„`_ � _ S. ay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Emironmental Officer File Copy Environrnentui Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance ot �01 Warer Quality Certification: County: ROY COOPER c;,,,������,,,�- MICHAEL S. REGAN ,rrrrrinr S. JAY ZIMMERMAN i��,,,v�„ Certificate of Completion Upon completion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required to retum this certiticate ro the 401 Transportation Pennitting Unit. North Carolina Division of Water Resources. I617 Mail Service Center, Raleigh, NC. 27699-1G17. This form may be returned [o NCDWR by the applican[, [he applicanCs authorized aeent, or [he project eneineec It is no[ necessary lo send certificates from all of these. .ApplicmiPs Cerlifrcalion L , hereby state that, to the bes[ of my abilities, due care and diligence was used in the observation of [he construc[ion such that [he construction was observed to be huil[ within substantial compliance and in[en[ of [he 401 Wa[er Quality Certitication and l3uffer Rules, the approved plans and specitications.. and other supportino materials. Sienature: Date: .4Rer7!'S Certifcalinn I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the consVuction such that the construction was observed to be built within sabstantial compliance and inrent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and o[her supportin� materials. Signature: Da[e: Errgineer's Certifiea�inii Partial Final I, , as a duly registered Professional Engineer in [he Statc of North Carolina, having been au[horized ro observe (periodically, weekly, tull time) the construc�ion of the project for [he Permittee 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 J01 Water Quality Certificatioo and Buf%r Rules, the approved plans and specitications, and other supportine marerials. Signature Date Re;istration No. Stalc of Nonh Carohna I P.nvvonmontal f)uahn� 1617 Mail Scrvice Cen[zr I Raleigh. Nonh Carolina 27699-1617