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Home My WebLink About20180172 Ver 1_Approval Letter_20180220En vironm en tu I Quality ROY COOPER i;,,��, �,,,,�� MICHAEL S. REGAN s, r, . ��,,, LINDA CULPEPPER lntrrinr ! yrr� �b�r Februar� 20,2018 Wayne County NCDW R Project No. ?018017? Ciridge 133 on SR I 137 TIP No. B-�6�6 APPROVAL of �01 WATGR QUALITY CBRTIFICATION and NEU5F. 13UFFER AUTHORIZATION, with AUDITIONALCONDITIONS Mr. Ronnie Keeter, P.E., Uivision Engineer NCDOT. Division 4 PO Bos316? Wilson,NC 27895-316� Dear Mr. Kee[er: You have our approval, in accordance with the conditions listed below, for Ihe following impacts for the purpose of replacin, Bridee 133 in Wayne Count�: Stream Im acts in Ihe Neuse River Basin Si[e Reloca[ion & Riprap to Bank S[abilization to Temporar}� Impact to Total S�ream Intermi[[ent S[ream (linear h) Perennial S[ream (linear ft Perennial Stream Qinear f[) _ Im act Qinear Bridee 0 >3 ��1 87 Road 139 0 0 139 Total 139 53 34 Total Stream Impact for Nrojech 226 linear feet. Wetland Im acts in the Neuse River Qasin Site Ezca��ation (ac) Mechanized ClearinQ (ac) Total WetlanJ Impact (Nc) Total U.01 0.02 Tutal Wetland Impact for Projec[: 0.03 acros. Site Zone 1 Impact (s ff) 3ridae 1863 Road- Perm 1699 Road- Temo 1096 Neuse Riparian Buffer 1 Zone I Buffer Mitiga[ion Reyuired F11L'il REP Totals I a658 I 5097 * N�A = Impact Allowable: No Miti�_ation Required. *REP= Total Buffer Impac[ for Projech i965 square feet. Zone 2 Impact (sq ft) 716 I50 441 0.03 Zone 2 f3uffcr Mitigation :equired (using 1.5:1 rati� N A 17� 1307 � 225 �ct replaced & revegetated. tilaie ul Nnrth Carolma I Environmw[al f)uahp' 1��17 WaJ titn�ice Cenlrr I Rningh. Nurth Carolina'_7FV9-Ihl7 The project shall be constructed in accordance with your application received February 7, 2018. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4132. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state 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 permit. 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. lf 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 may be 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 General Certification and any additional conditions listed below. Conditions of Certification: 1. Compensatory mitigation for impacts to 1699 square feet of protected riparian buffers in Zone 1 and 150 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the Marks Creek Mitigation Site. This certification confirms that 5322 square feet of Bwffer Restoration will be debited from the Marks Creek Mitigation site ledger to satisfy the Buffer Mitigation Requirement of this project. [ 15A NCAC 2B.0233] 2. At the Temporary Buffer Impact site, the impacted area shall be stabilized, seeded, and revegetated with native riparian species by the end of project construction. A final report including photographs of revegetated area shall be submitted to DWR upon end ofproject. [15A NCAC 2B.0233] � 3. Channel relocations shal] be completed and stabilized, prior to diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap is allowed if it is necessary to maintain the physical integrity of the stream. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)] 4. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) ] 5. 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)] 6. 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)] 7. 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)] 8. 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)] 9. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [ I SA NCAC 2B.0233] 10. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers sha11 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] 11. 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. 12. 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] 13. 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)] 14. 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)] 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. [15A NCAC 02H.0506(b)(2)] 16. 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)] 17. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version ofNCDOT 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)] 18. 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)] 19. 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)] 21. No rock, sand or other materia]s shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 23. 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] 24. 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)] 25. 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)] 26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commereial 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] 27. 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. 28. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15ANCACO2B.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 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(�] 30. 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)] &[ISA NCAC 02B.0506(b)(2)] 31. 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 ihat is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 32. 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 E��osion 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 Szrrface Mining Manz�al. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 33. 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 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 ofthe petition must be filed with the Office of Administrative Hearings. The petition may be faued-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 petition must also be served on DEQ as follows: Mc Sam M.Hayes, General Counsel Department 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 AcL If you have any questions, please contact Rob Ridings at 919-707-8786. incerely ��, Linda Culpepper, Interim Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Emironmental Officer File Copy Enviraimentui QUQ�Ity NCUWN Project No.: ApplicanL• Project Name: Date of Issuance of JOI Water Qualitv Certification: County: ROY COOPER r;nrr,w,v MICHACL S. REGAN �; ;„v<<ri LINDA CULPEPPER 1nR'rirq U�ri•iTor Certifica[e of Completion Upon completion of all w-orA approo�ed within [he 401 Water Quality Certification or applicable Bufler Rules, and an}� subsequenl mudificatiuns, the applicant is required tu retum this certificate to ihe a01 1-ransportation Permittin, Uni�. North Carolina Division uf Water Resources. 1617 Mail Service Cen[ec Raleigh. NC, ?7699-1617. This form ma�� be returned to NCDWR b�� die applicant. the applicant's authorized agent, or the project eneineer. It is not necessarv to send ccrtificates fmm all of �hese. an��;�•�„r's Cerlificalion I. , hereby state that, to ihe bes[ ofmy abili�ies, due care and diligence was used in the observation ol'the construction such that the construction was observed to be buil� within substantial compliance and intent of the d01 Water Quali�� Certitication and F3uffer Rules. the approved plans and specitications. and other supporting materials. Siena[ure: Date: .-1gen1's Certifrrntinrr I. , hereby s[a[e Ihat, ro the bes[ of my abilities, due care and dili,ence was used in the observation of the consvuction such that the construction was observed to be built within substantial compliance and inten[ of the 401 Wa[er Quality Ccrtitication and [3utl�er Rules, the approved plans and specifications, and other supportin�, malcrials. Sienature: Date: Fngixeer's Cer�ifiea�ion Partial Final �, , as a dul�� registered Profzssional Engineer in the State of North Carolina, having been audiorized tu observe (periodically, weekly. fttll tiine) [he construction ofthe project tiv �he Permittee hereby state that, to the best of my abilities. due care and dili�_ence was used in thc observation of the construction such lhat Ihc construction was observed to be built within substantial compliance and inten[ of the -101 Water Quality Certitica[ion and Bufler Rules, the approved plans and specilications, and othzr suppurting materials. Si�,nature Da[e Re�istration No. S(aIz ol Nnrth l'nrolin;i � Rinirnnmcnml l)ualil� Ifil7 �tod Strvia Center I Raleieh. North Carolina'_7699-1617