HomeMy WebLinkAbout20171375 Ver 1_Approval Letter_20171109Environmenta!
Qualrry
ROY COOPER
i ��,��, ��„��,�
MICHAEL S. REGAN
Srerrr<nr
LINDA CULPEPPER
lruerim Uire�'!nr
November 9, 2017
Johnston County
NC D W R Project No. 20171375
SR 2302
TIP P%ject No. U-5795
APPROVAL of 40t WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Ronnie Keetec PE., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895
Dear Mc Kee[er:
You have our approval, in acwrdance with the conditions listed below, for [he followine impacts for [he purpose of
improvements ro SR 2303 in Johnston County:
in the Neusc River Basin
Si[e
To[al
Permanen[ Fill in Interm
64
ba
Total Stream Impact Tor Project: 6d linear feet.
ml
64
The project shall be cons[ruc[ed in accordance wi[h your application received October 30, 2017. After reviewing
your applica[ion, we have decided [hal these impac[s are covered by General Water Quality Certification Number
d088. This certitica[ion corresponds ro the Nationwide Permit 14 issued by the Corps of Engineers. In addition,
you should acquire any other federal, state or local permits before you proceed widi your project including (but not
limited to) Sediment and Erosion Control, Non-Dischar�e and Water Supply Watershed regulations. This approval
will espire with the accompanying 404 permit.
This approval is valid solely for the purpose and desi;n described in your application (unless modified below).
Should your project change, you must no[ify the NCDW R and submit a ne�v applica[ion. 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 alI the conditions. If to[al wetland fills for Ihis project (now or in Uie future) exceed one acre, or of total
impac[s [o streams (now or in the future) exceed I50 linear fee[, wmpensa[ory mitiga[ion may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in I SA NCAC 2B.0233. F'or this approval to remain valid. you must adhere to the conditions listed in
the General Certification and any additional conditions listed below.
Conditions of Certificatian:
I. 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. [ISA
NCAC 02H.0506(b)(2)]
Slate o(Nonh Camlina I Environmcntal Quahn�
1617 Mail Servicz Center � Raleigh, Nonh Carolina 27fi99-1617
2. For any streams being impacted due to site dewatering activities, the site shall be gaded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
3. 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)]
4. 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]
5. 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)]
6. 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)]
7. 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)] �
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.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 Control 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 o�cial state holidays. The original and one (1) copy of the petition must be filed with the O�ce 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
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the pe6tion must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Depardnent of Env'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Wacer Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-707-8786.
^ Sincerely,
i ; ^�
��`'Jl C `�� >
Lirfda Culpepper, terim Direc[or
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Environmental Officer
File Copy
En viron men tu I
Quality
NCDWR Project No.:
Applicanh
Project Name:
Da[e of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Guirrur»�
MICHAEL S. REGAN
Scc.rr,vr
LINDA CULPEPPER
lrrterinr U(rrrlor
Cerfificate of Completion
Upon completion of all work approved wi[hin the 401 Wa[er Quality Certitica[ion or applicable Buffer Rules, and
any subsequen[ modifications, [he applicant is required to return [his certifica[e [o the 401 Transportation Pertnitting
Uni[, North Carolina Division of Water Resources, I617 Mail Service Cen[er, Raleigh, NC, 27699-1 6 1 7. This form
may be returned [o NCDWR by the applicant, [he applicanPs authorized agent. or the project engineer. It is not
necessarv to send certificares from all of these.
ApplicanYs Cerlifrcatim�
1, , hereby state that, ro the best of my abilities, due cam and diligence
was used in the observation of the construction such that the construction was observed to be built within substan[ial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenYs Cerlifieation
l, , 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
specitications, and o[her supporting ma[erials.
Signature:
Ei�gineer's Certifrcaliwl
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodicalty, weeAly, fuli time) the construction of the project for the
Permittee hereby sta[e that, [o Ihe best of my abilities, due care and diligence was used in the observa[ion of the
construc[ion such [ha[ the construction was observed to be buil[ within substan[ial compliance and intent of [he 401
Water Quality Certitication and Butler Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
S�ate ol'Nonh Camhna � Envimnmental Quahry
1617 Mail Service Centcr I Raleigh. Nurth Carolina 27699-1617