HomeMy WebLinkAbout20171595 Ver 1_Approval Letter_20180201Environmentnl
QUQ�ltY
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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Februan I.3018
Junes Countv
NCD W R Project No. 20171 �95
Bridge No.32
St�te Project No. 17BP.?.R.77
APPROV.4L of aUl W'ATER QU,4LITY CERTIFICATION and NEIISE BUFFER AUTHORIZATION witli
ADDITIONAL CONDITIONS
Ms. Healher Lane
NCDOT, Division ?
P.O. Box 1587
Greenville, NC ?78;5
Dear Ms. Lane�
You have our approval, in accordance wi[h the conditions listed below, for [he ti>Ilowing impacts lor fhe purpose of
replacing [�rid_e No. 32 over "I�uckahoe Creek on SR I 143 ( Weyerhaeuser Rd) in Jones County:
Buffer and Stream Im ac[s in the Neuse Ri��er Basin
Buffer Zone 1 Buffer Zone 2 Stream Stream
Site permanent temporar}
(sq ft) (sq fq ,,,, ,,,,
Total
3,636
1190 I 88 I 28
IIG7
The project shall be constructed in accordance with your application dated received December 14. 2017. After
reviewing your application, we have decided �hat these impacts arc covemd by Gencral Watcr Quality Certification
Number 4132. This certitication corresponds [o [he Nationwide Pennit 3 issued b}� Ihe Corps of Engineers. This
approval is also valid for the Ncuse Riparian Buffer Rules ( 15A NCAC 28.0�33). In addition, you should acyuire
any other federal. state ur local perniits before you proceed with your projec� including (bW not limited to) Sediment
and Erosiun Control, Non-Discharge and Water Supply W'atershed regulatiuns. This approval will espire �aith the
accompanying 404 permit.
This approval is valid solely for the purpose and design described in your npplication (unless modified below).
Should your project change, you must no�ity the NCDWR and submit a new application. II the property is sold, the
new owner must be given a cop} of this Cenification and approval letter, and is thereby responsible for complying
with all the conditions. If total wedand fills for this project (now or in the future) txceed one acre. or of total
impacts to streams (no�v or in the future) e�ceed I>0 linear Feet, compensatory mitigation may be required as
described in I>A NCAC 3H .0�06 (h) (G) and (7). Additional buffer impacts may require compensarory miti�ation
as described in I iA NCAC 2I3.0299. Por this approval to remain valid, you must adhere to the conditions listed in
the attached certificacion(s) and any additional conditions listed below.
Condition(s) of Certification:
I'he issuance of this cznilication does not e�empt the Permittee Gom complying with any and all statutes, niles,
regulations, or ordinances that may be imposed by other ��overnment agencies � i.e. local, state, and f'ederaq havin,
jurisdiction, including but no� Iimired to applicable buffer rules, slormwater managemem rulzs, soil erosion and
sedimentation control reyuirements, etc.
?. The Pemii[[ee shall ensure diat die tinal desien drawings adhere to [he permit and to the perniit drawings submitted
for approvaL [I 5A NCAC OZH .0�07(c) and I�A NCAC 02H .0�06 (b)(2) and (c)(2)j
Sta�cofNnnh Carnlina I F:m�ironmcmal Qualid
Inl7 Mml titn�im Ccina Ralneh, Nunh C�rolina ]7699-1617
3. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant
is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be
required. [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. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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]
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. 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)] �
8. 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)]
9. 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)]
10. 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 contro] 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.
11. 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)]
12. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
13. 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)]
14. Pursuant to I SA 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.
15. 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.
[15ANCAC 02H.0506(b)(2)]
16. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
17. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer
to the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
18. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
19. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)
20. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
21. 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)]
22. 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)
23. 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)
24. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [ISA NCAC 2B.0233(6)]
25. 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)]
26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adj acent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)] �
27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water qualiry
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. [ISA NCAC 02B.0200]
28. The Pertnittee shall report any violations of this certification to Ihe Division of Wa[er Resources within 24 hours
of discovery. [ I SA NCAC 02B.0506(b)(2)]
29. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�]
30. A copy of this Water Quality Certification shall be maintained on the conshvction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer
and the on-site project managec [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
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 Hearings during normal office hours. The Office of
Administrative Heazings 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 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
67t4 Mail Service Center
Raleigh, NC 27699-67I4
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
Depardnent of Environmental Qualiry
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 Garcy Ward at (252)946-6481 or garcy.wazd@ncdenr.gov.
Sincerely,
/����'c�L��
� Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only disVibution:
Tom Steffens, US Army Corps of Engineers, Washington Field Oflice
Jay lohnson, Division 2 Environmental Officer
Robert Tumbull, Emironmental Services, Inc., rtumbull(alesinacc
Garcy Ward, NC Division of Water Resouroes Washington Regional Office
File Copy
Environmental
Quality
NCDWR Project No.:
Applicanl: _
Project Name:
Date of Issuance of A01 Water Quality Cer[ifica[ion:
County:
ROY COOPER
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MICHAEL S. REGAN
]l�,,rnrr�
UNDA CULPEPPER
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Certifieate of Comple[ion
Upon completion of'all µ�ork approved wi�hin the 401 Water Quality Certificalion or applicable [3utler Rules, and
any subsequent moditicalions, ihe applicant is reyuired ro reWrn this cenificate ro the 401 Transportation Permi�tin�
Unit, North Carolina Division of Wa[cr Resources. 1617 Mail Service Center, Raleigh, NC, 2 7699-1 6 1 7. This form
may be returned [o NCDWR b}� the applicant, the applicam's authorized agent, or [he projec[ engineer. It is not
necessary to send certificates from all ofthese.
.4pplicunt's Cerlificnlion
i. , hereb}� state Ihat. [o the best of my abili[ies, due care and diligence
was used in the observatiun of the construction such that the construction was observed to be buili within subs[an[ial
compliance and intent of the 401 Wa[er Quality Cenification and Buffer Rules, the approved plans and
specitications, and other supponin� materials.
Si�,nanire: Date:
:9ge�rt's Cer�ifrcatio�e
I. , hereby state that, to the best of my abilities, due care and diligence
was used in the observation ofthe consVuction such that the construction was observed to be built within substantial
compliance and intent of ihe 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportine marerials.
Si�nature:
EngineePs Cerlificalinu
Partial
Final
I, , as a duly registered Protessional Enaineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, fiill time) the construction ofthe project for the
Permittee hereby state tha[, to the best of my abilities. due care and diligence was used in the observation of lhe
constructiun such that [he cons�ruction was observed [o be buil[ within substantial compliance and inren[ of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specitications, and odier supportin, materials.
Si�na[ure
Date
Registration No.
Sta�c o(North Camhna I lim'ironmental Qualih�
1617 Mail tien�ice Ccmer I Raleigh. North Carolma'_7fi9V-Ihl7