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HomeMy WebLinkAbout20171577 Ver 1_Approval Letter_20180103E'nviron nten t al QUQ�Ily Total Site Totals ROY COOPER Gr,rrn,rn� MICHAEL S REGAN �tirnrmrr LINDA CULPEPPER Gnei'irn Uvec�nr January 3, 2018 Johnston County NCDWR Project No. 20171577 1-95 TIP No. I-5786 APPROVAL of 101 WATER QUALITY CERTIFICATION and NEUSE BUFFBR AUTHORIZATION, with ADDITIONAL CONDITIONS Mc Ronnie Keeter, P.E., Division Engineer NCDOT, Division 4 PO Box 316� Wilson, NC 27895 Dear Mr. Keeter: You have our approval, in accordance with the conditions lis[ed below, for [he following impacts for [he purpose of paving and clearing along 1-95 in Johnston County: Mechanized Clea 0.02 0.09 0.14 Hand 0.45 0.�5 Total Wetland Impact for Project: 0.$9 acres. 0.03 0.54 0.59 Zone 1 Impact Zone 1 Buffer Mitigation Required Zone 2 Impact Zone 2 Buffer Mitigation s R usin 3:t ratio s ft Re uired usin 1.5:1 rati� 2476 N/A I800 N/A L262 N/A �38i N/A 7901 N/A i288 N/A 8533 N/A 5969 N/A 20U2 0 15442 0 * iu�a = Total for Site is less than I/3 acre and I50 linear feet of impact, no mi[i�a[ion required Total Buffer Impact (or Project 35614 square fee[. The project shall be constructed in aceordance with your application received December 12, 2018. After reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification Number 4135. This certification corresponds to the Nationwidz Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules ( I SA NCAC 26.0233). In addition, you should acquire any other federal, statz or local permits 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 the accompanying 404 pernii[. State of North Carolina I Environmental Qualiry I bl7 Mail Service Cenler I Raltigh. North Carolina 27fi99-1617 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 maybe 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 attached certifications 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 temparary fill or clearing activities shall be restored to the preconsh-uction 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. Tf 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 tfie final design drawings adhere to the permit and to the permit drawings submitted far approval. [15A NCAC 02H .0507 (c) a�d 15A NCAC 02H .0506 (b)(2) and (c)(2)] 9.A11 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. [15ANCAC 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 autharized 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 exeinpt 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(bj(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 tfie NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502( fl] 20. 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)] &[15A NCAC 02B.0506(b)(2)] 21. There shall be no excavafion 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 surface waters, or within 5 feet of the top of bank, without prior approval from DWR. [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 fortn 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 Heazings during normal office hours. The Office of Adminisirative Heazings accepts filings Monday through Friday behveen 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 Administra[ive Hearings. 7'he petition may be fa�ced-provided the original and one copy of the document is received by the Office of AdministraNve 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) 4313100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department 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 Ack If you have any questions, please contact Rob Ridings at 919-707-8786. � cerely, �U� � Linda ulpepper, nterim Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Endvonmental Officer File Copy Environmentu( QUQ�(t j/ NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water QualiTy Certification: County: ROY COOPER Gurernor MICHAEL S. REGAN Secre�urc LINDA CULPEPPER lnrerim bircr�or 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 to retum this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h. NC, 27699-1617. This form may be returned ro NCDW'R by the applicant, [he applican['s au[horized agent, or [he projec[ engineec It is not necessary to send certificates from all of these. Applicmrl's Ce�liftcarioir 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 cons[ruction was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certitication and Buffer Rules, [he approved plans and specitications, and other supportine materials. Si�namre: Date: AgenYs Certifrrafion �, , hemby state that, to the best of my abilities, due care and dili�ence was used in the observation ofthe conshuc[ion such that the conswction was observed to be built within substantial compliance and intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and specifications, and o[her supportin_ materials. Signature: Engineet's Cenificatian Partial Final �, , as a duly registered Professional Engineer in the Stare of North Carolina, having been authorized to observe (periodically, weekly, full time) [he construction of the projecl 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 construction was observed to be built within substantial compliance and intent of [he 401 Water Quality Certitication and [3uffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. State of North Carolina � Emironmentel Quality 1617 Mail Service Center I Raleigh. Norch Carolina 2 7699-1 6 1 7