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Home My WebLink About20171649 Ver 1_Approval Letter_20180110Environrnentul QUQ�fiY ROY COOPER t„��.,�,��„� MICHAEL S. REGAN +tc,-n�o-r I.INDA CULPEPPER �,n�"�In, rn,�rom,� Januan 10,2018 Johnston Countv NCDWR Projecl No. ?0171649 Kellie Drive Extension llP No. U-5999 APPROVAL of �01 WATP.R QU.4LITY CERTIFICATION with .4DDITIONAL CONDITIONS Mr. Ronnie Keeter. P.E.. NCDOT. Division 4 PO Box3165 Wilson,NC 37895-3165 Dear Mr. Keeter Division Engincer You have our approval, in accordance w�ith the conditions listed beloH�. for the followine impacts tbr Ihe purpose of estending Kellie Drive in Johnston County: Wetland Im acts in [he Neuse Ri��er Basin Site Permanent Fill (ac Mechanized Clearin (ac) HanJ Clear Total 0.33 0.09 0.10 Total Wetland Impact for ProjecC O.g2 acres. Total Wetland I 0.52 The project shall be constructed in accordance with your application received December 21, 3017. After reviewing your application, we have decided ihat these impac[s are covered by General Water Quality Certification Number d I�$. 1'his certitication corresponds to the Natiomcide Pemiit Id issued b�- the Corps of Engineers. In addition, you should acquire any other fedcral, state or lucal permits before r'ou proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Dischar�e and Water Supply Warershed regulations. This approval will expire wi�h [he accompanyin� 404 pennit. This approval is valid solely for the purpuse and desi�n described in your applicalion (unless modil9ed below'). Should your project chan,e, you must notih the NCDW R and submit a new application. If the property is sold, thz new owner must be given a copy of this Certitication and approval letter, and is Ihereby responsible for complying with all the conditions. If total welland Iills for this prqjec[ (now or in the future) escced one acrc, or of rotal impacts to sireams (now or in the fu[ure) esceed 15p linear feet, compensatory mi[i�ation may be required as described in 15A NCAC �H .Oi06 (h) (6) and (7). Additional buffer impacts mag� require coinpensatory miti�alion as described in I iA NCAC 2B.0233. For this approval io remain valid, you must adhere tu the cunditions listed in the General Certificatiun and any additional cunditions listed below. Conditions of Certifica[ion: I. Pipes and culverts used exclusively to maintain equilibrium in wedands, where aquatic life passa��e is not a concem, shall not be buried. These pipes shall be installed at natural �_round elevation. ( I�A NCAC 2H.05p6�b)] Slalz ol' Nnnh Cnrnlma I hnvironincntal V�ialilc 1617 Mail tien�icc C.nlzr I Ralcigh. Nnrth Carolina'7n9V-Ifil7 2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and surface waters. 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. [ISA 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. [ I SA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. All work in or adjacent to surface 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) 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] 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, 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. [ I SA 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 contro] 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.0506(b)(2)] 16. 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. [ISA NCAC 02H.0506(b)(3) and (c)(3)] 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(b)(3) and (cx3)]: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in acwrdance with the most recent version of the North Carolrna Sediment and Erosion Control Plannrng 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. i'he reclamation measures and implementation must comply with the reclama[ion in accordance with the requiremenis of the Sedimentation Pollution Control Act. 18. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top ofbank, without prior approval from DWR. [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 oflice 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 nortnal office hours. The Office of Administrative Hearings accep[s filings Monday tivough Friday between the hours of S:OOam and S:OOpm, except for official sta[e holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be fa�ced-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 O�ce 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 ofthe petition must also be served on DEQ as follows: Mc 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 Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, �'�Linda Culpep� Director 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 Environmentcil Qua(ity NCDWR Pro,ject Nu.: ApplicanL• Projec[ Namc: Date of Issuance of 401 Water Quality Certification: Countv: ROY COOPER a,��,,,,,�- MICHAELS.REGAN �.�� , i„��i LINDA CULPEPPER i„�,-,;,�, n„, � �„� Certificate of Comple[ion Upon completion of all work approved within the 401 Wa�er Quality Czrtitication or applicable Butler Rules, and any subsequent moditications. [he applicant is required to re[urn this certificate [o the 401 Tr�nsportation Permitting Uni[, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh. NC. 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's audiorized aecnt, or �he project en��ineer. It is' not necessary to send certiticares from all of these. Applic•mit'.s Certrjicalio�t I, , hereby s�a[e thal, to [he best of my abilities, due care and diligence was used in the observation of the construction such that the constructio� was observed m be built within substantial compliance and intent ofthe 401 Warer Quality Certification and Buffer Rules, the approved plans and specilica[ions, and other supporting marerials. Si;nature: Date: Agenf's Cerlrfrculion I, , hereby state thaL to [he bes� of my abilities, due care and dili;ence was used in lhe observation of the consvuc[ion such that the construction H�as obsrrved to be built �+�ithin substantial compliance and intent of the d0I Water Quality Certiticalion and Buffer Rules, the approved plans and specifications, and other supporting mxterials. Sienature: Engiiteer's Certificalioe Partial Final Date: I, , as a duly reeistered Professional En,ineer in the Sta[e of North Carolina, having been authorized [o observe (periodically, wee�Iy, full time) [he constructian of Ihe project for the Permittee hereby state diat, to the best of m}� abilities, due care and diligence was used in the observation of the construction such that [he construction was observed to be built within substantial compliance and intent of the 401 Wa[er Quality Certilication and Qulier Rules, �he approved plans and specifica[ions, and other supporting materials. Signawre Date Registration No. Slatt ol'Nonh Carolina I f-ncironmental Qu.ihn 1617 Mod Strvme Ctn2r I Rulcigh. Nonh Caralina _'7h49-Ihi7