HomeMy WebLinkAbout20171103 Ver 1_Approval Letter_20170913Environmentul
Quafity
Site
Totals
ROY COOPER
a�» �,��„�„�
MICHAEL S. REGAN
�� o,-���, r
S. JAY ZIMMERMAN
t�„��•��r<„�
Sep[ember 13. 2017
Wilson Count}�
NCDWR Project No.20171103
SR I 157
TIP Na U-334i
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFGR AUTNORIZATION,
with ADDITIONAL CONUITIONS
Mr. Tim Little. P.E., Division Engineer
NCDOI', Division 4
PO Bo�3165
Wilson, NC 27895
Dear Mr. Little:
You have our approval, in accordance wi[h [he conditions listed below, for Ihe following impacts for the purpose of
road improvements to SR I 157 in W ilson County:
Zone 1 Impac[ Zone I Buffer Mitiga[ion '� Zone 2 Impact Zone 2 Buffer Mi[igation
(s t't Re uired usin 3:1 ratio) ��•,;, s ft Re uired (usin I.g:l ratic
2265 N/A 639 NJA
2265 0 639 0
� n/a = Total for Site is less than I/3 acre and I50 linear feet of impact, no miti�ation required
Total Buffer Impact for Project: 2904 square feet.
The projec[ shall be constructed in accordance wi[h your applica[ion received September 5, 2017. After reviewin�
your application, we have decided that [hese impacts are covered by General Water Quality Certitication Number
408i. This certitica[ion corresponds ro the Nationwide Pennit 3 issued by [he Corps of Engineers. This approval is
also valid tbr the Neuse Riparian Buffer Rules (I SA NCAC 26.0233). In addi[ion, you should acquire aoy other
federal, state or local pemiits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with Ihe
aceompanying 404 permit.
This approval is valid solely for the purpose and desi�n described in your application (unless modified below).
Should your project chanee, you must notify tlie NCDWR and submit a new application. If the propeny is sold, the
new owroer must be given a copy of this Certitication and approval letter, and is thereby responsible for complying
with all the conditions. IP total wedand tills for [his 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 ?H .0�06 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in I SA NCAC ?6.0233. For this approval to remain valid, you must adhere to the conditions listed in
the General Certification and any addi[ional conditions lis[ed below.
Slate ol North Camlina I Em'ironmtntal Qualiiy
1617 Mail Szn�mz Ctnre.r � Raleigh. Nonh Carolina 27699-1617
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. 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]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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 NCDWR may reevaluate and modify this certification. [15A
NCAC 02B.0200]
15. 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)]
16. 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]
17. 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.
18. 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)]
19. 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]
20. Native riparian vegetation (i.e, trees and shrubs native 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.0233(10)] & [15A NCAC 02B.0506(b)(2)]
21. 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)
22. 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 requirements specified in the most recent version of the North
Carolina Sediment and Erosion Contro[ Manual. The 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 Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)
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 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 considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts 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 Heazings 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
Depaztment of Env'vonmental 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.
Sincerely,
V� �`1 /�. �Y,
1�
Zimmertnan, Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Releigh Field Office
Chad Coggins, Division 4 Environmental Officer
File Copy
Environmenta(
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quali[,y Certification:
County:
ROY COOPER
Gorernor
MICHAEL S. REGAN
Sec,rrarr
S. JAY ZIMMERMAN
txr���rur
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable But%r Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 40I Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be remrned ro NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all ofthese.
Applicmit's Cer[ificalinn
I, , 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 401 Warer Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signa[ure: Date:
Ageut'.s Certificatiat
I, , 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 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certifrcalioii
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) [he construction of [he project for the
Permittee hereby state that, to the bes[ of my abilities, due care and diligence was used in [he observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 40I
Water Quality Certification and Buffer Rules, [he approved plans and specifica[ions, and other supporting materials.
Signa[ure
Date
Registration No.
State ul North Carohna I[nvironmental Quality
1617 Mail Service Centzr I Raleigh. North Carolina 27699-1617