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Home My WebLink About20170999 Ver 1_Approval Letter_20170822 (2)Environntenlal Qua(ity Site Total Site To[als ROY COOPER c;,rernu�r MICHAEL S. REGAN srrrrrurr S. JAY ZIMMERMAN v„��•� «„� Augosr 22, 2017 Johns[on County NCDWR Project No. 20170999 NC Hwy 210 TIP No. W-5204D APPROVAI. of �01 WAT[K QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDtTIONAL CONDITIONS Mc Tim Little, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895 Dear Mc Little: You have our approval, in acwrdance with the conditions listed below, for the following impacts for the purpose of a culvert extension on NC 210 in Johnsron Coimty: Permanent Fill in Perennial Stream 25 2i :ream Im acts in the Neuse River Basin Riprap Stabilization [o Temporary Dewa[ering [o Perennial5tream Perennial Stream 8 8 Total Stream Impact for Project: 62 linear feet. Zone 1 Impact Zone 1 Buffer Mitigetion RequireJ s [t usin 3:1 raYio 3066 N/A 3066 0 * n/a = To[al for Site is less than I/3 acre and I i0 linear f Total Buffer Impact for ProjecC 4988 square feet. 29 Im acts Zone 2 Impacl s ft 192? 1922 �et of imoacC no mitia Total Stream Impact 6? 62 Zone 2 Buffer Mitiga[ion ;equired (usinQ 1.5:1 ra[ii N/A 0 The projec[ shall be cons[ruc[ed in accordance wi[h yoar applica[ion received Augus[ 10. 2017. After reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification Number 4088. This certification corzesponds to [he Natiomvide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (I�A NCAC ?BA233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control. Non-Discharee and Water Supply Watershed re�ulations. This approval will expire with the accompanying 404 pennit. Statz ul Nonh Carolina I Fmoromnen[al Quahty 1617 Mail Service Center � Raleigh. Nonh Carolina 2 7699-161 7 This approval is valid solely for 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 property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying 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 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: 1. 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] 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 NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 2B.0233] 3. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and 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 compromised and that discharge is released as diffuse flow. 4. Riprap shall not be placed in the active 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)] 5. For all 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)] � 6. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 7. 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] 8. 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)] 9. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 10. The 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 channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 11. 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 (c)(2)] 12. 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)] 13. 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)] 14. 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)] 15. 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)] 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 17. 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) of the 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 NCD WR may reevaluate and modify this certification. [ 15A NCAC 02B.0200] � 18. 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)] , 19. 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] 20. 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. 21. 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)] ' � 22. 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] 23. Native riparian vegetation (i.e., trees and shrubs native to your geogaphic 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.0233 (10)] &[15A NCAC 02B.0506(b)(2)] , 24. 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, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 25. 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 [15A NCAC 02H.0506(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 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 Sediment and Erosron Control Manual. T'he 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 the most recent version of the North Carolrna Swface Mrnrng Manual. d. The reclamation measures and implemeniation must comply with the reclama[ion in accordance with the requirements of the Sedimentation Pollution Control Act. 26.Sediment and erosion control measures shall not be placed in wetiands or waters wless otherwise approved by this Certification. [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 administraNve hearing. You may obtain the petition form from the office of Administrative heazings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Heazings during normal office hours. The Office of Administrative Hearings accepu filings Monday tt�rough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy ofthe 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 faxed uansmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the peti[ion must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Deparhnent of Environmental Quality 1601 Mail Service Center This 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. � cerely,�/� / �� . S. Jay Z ertnan, Direcror Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Eavironmental Officer File Copy Environmentul Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER anrernor MICHAEL S. REGAN .sv<�reian� S. JAY ZIMMERMAN v;��«<,�� Certificate of Completion Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required [o retum this certifica[e to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1 6 1 7. This fortn may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineec It is not necessary to send certificates from all of these. ,4pp(icanf's Cerfificution 1, , hereby state ffiat, 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 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signatwe: Date: Agenl's Cerlifrenlion I, , hereby state that, to the best of my abilities, due care and diligence was used in the observa[ion of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Qualiry Certihcation and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certifieution Partial Final 1, , as a duly registered Professional Engineer in [he State of North Carolina, having been au[horized [o observe (periodically, weekly, full time) [he construc[ion of [he project for the 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 consWction was observed ro be built within substantial compliance and intent of the 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre Date Registration No. Statz of North Carolina I Em�ironmenWl Qualiry 1617 Mail Service Center I Raleigh, Nonh Carolina 27699-1617