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Home My WebLink About20180401 Ver 1_Approval Letter_20180328Envlronmental QUQ�li}� ROY COOPER U�ne�nrur MICHAEL S. REGAN c� �,�,v<<„ � LINDA CULPEPPER Ln��rim 1 qri ianr March ?8, 20I8 Wa��ne Countv NCDWR Projcct No. ?0180401 Bridgc I> on SR 1719 Statc Prqjec[ No. 17BP.d.R.87 APPROVAL of J01 WATER QUpLITY CERTIFICATION and NEUSF RUFFF.R AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Ronnie Keeter. P.f., NCDOT', Division d PO t3o� 3165 Wilson. NC ?7895-316i Dear Mr. Keerer. Division [in�ineer You have our approval. in accordancz with [he conditions listed below, for [he followin, impacts for th¢ purpos'e ot replacin� Bridge I? in Wayne Counry: Stream Im acts in the Neuse Riuer Rasin Site I3ank Stabiliza[ion [o Perennial Tcmporary Dewaterin� to Perennial Total S[ream Impact To[al 87 Tulal S[ream Impact for Project: 107 linear feet. Neuse 20 n I3uffer Im 107 Site Zone I Impacl Zone I Buffer Mitiga[iun Zone 2 ImpAct Zune 2 Buffer Mitigatiun (s f[) Re uired (usin 3:1 ra[io) (s ft) Re uired (usin I.i:l rati� Totals 6�00 N/A 3511 N/A * m�a = ToG�I tor Site is less than I r3 acre aiid I i0 lincar fezt of impact, no mi[igation reyuircd Total Buffer Impact for Project: 991 I square feet. The project shall be constructed in accordance with y�our application received March 31, ?018. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certiflcation Number 4133. This cenifcation corresponds tu ihe Natiomvide Permit 7 issued by the Corps uF En��ineers. This approval is also valid for [he Neuse Riparian Huffer Rules (15A NCAC 3R.0233). In addition, you should acquire any othzr federal, state or local permits before yuu proceed �cith your project includin_ (but nut limited to) Sediment and Erwion Control. Non-Discharez and Water Suppl� Watershed regulations. This approval will espire wilh lhe accompanying 40d permit. This approval is e�alid solely for ihe purpose and design described in your application (unless modified below). Shuuld pour project change, you must notify the NCDWR and submit a new application. If the property is sold, the new uwner must be given a cup}� ufthis Certificatiun and approval letter_ and is �hereby responsible for complying with all the eonditions. If Cotal wetland fills for this project (now or in the futurz) esceed one acre_ or of tolal impacts ro streams (now or in Ihe future) exceed 150 linear feet, compenserory mitigation may be required as described in I SA NCAC 3H .0506 (h) (5) and (7). Additional buffer impacis may require wmpensarory mi[igation tiunu ol Nonh Cnrulin� i, I,nvironmrntal pualin I��I7 Muil Scn mrCanior �� Ruleieh_ North C�rolina'_7G99-1i+17 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. 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) 2. As a condition ofthis 401 Water Quality Certification, the bridge demolition and construction must be accomplished in sri-ict 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)] 3. 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)] 4. 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. [ISA NCAC 02H.0506(b)(2)] 5. 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. [I SA NCAC 02H .0506(b)(3) 6. 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) 7. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15 NCAC 2B.0233] 8. 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. [15 NCAC 2B.0233] 9. 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 ofthe 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. 10. 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 shal] not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 11. 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)] 12. 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)] 13. 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)] 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [] SA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 15. 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)] 16. 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)] 17. 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)] 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ISANCACO2H.0506(b)(3)] 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 20. 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] 21. 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)] 22. 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] 23. 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. 24. 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)] 25. 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] 26. 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)] &[15A NCAC 02B.0506(b)(2)] 27. 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)] 28. 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 conhol measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sedrment 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 Erosron Conrrol Manua(. The devices shall be maintained on alI construction si[es, 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. 29. All sediment and erosion controi devices shall be removed and the natural grade resrored within two (2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (cx3)] 30. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the rop of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) 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 office of Administrative hearings. You must file the petition with the o�ce 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 Administrative Hearings accepts filings Monday through Friday between the hours of B: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 Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Oftice 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 of the petition must also be served on DEQ as follows: Mc Sam M.Hayes, General Counsel Department of Emironmental Quality 1601 Mail Service Center This letter comple[es 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. �/ J'Y, �� 1 Linda Culpepper, I erim 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 En vi�onmen l a l Quality NCDW'R Nroject No.: Applicant: Project Namc: Datc of Issuance of a01 Watcr Quality Certification: Coun[y: _ ROY COOPER �;,,��.,��,� MICHAEL S. REGAN ��r��,�rnu�r LINDA CULPEPPER �„«�, ��,� u,��-� ��„� Certificate of Completion Upon completion of all work approved wilhin the 401 Weter Quality Certification or applicable Bufler Rules. and am subseyuent moditications, the applicam is required to return this certiticate to the 401 Transporta[ion Permitting Unil, North Carolina Division of Water Rcsow�ces, 1617 Mail Service Center. Raleigh. NC. _'7699-I617. This ti�rm may be returned to NCDWR bp [he applicant, the applicant�s au[horized agent, or the projec� engineer. It is not necessary to send certiticates from all of these. .-I pplicmrPx Certifrcafian I, . hereb}� state lhat. [o the best of my abilities, due care and diligence was used in the observation of the cunstruc�ion such that the construction was observed ro be built wi�hin substantial compliance and intent of the 401 Water Quality Certitication and [3uffer Rules, thr approved plans and specific�tions. and other s'upporting materials. Sienature: Date: Ageru's Cr�rificalion I, , hereby slate that. [o [he hest o( my abilities, due care and diligence was used in the observation of [he construction such that the conslruction was observed ro bz built within substantial compliance and iment of the 401 Water Qualit}' Certitication and I3uffer Rules. the approved plans and specillca�iuns, and other supportine materials. Si;nature: Date: Eirginee�'s Cerlifrenlioii Partial Final I, , as a duly registered Prolessional Fn�ineer in the Statz of North Carolina, having been au[horized ro observe (periodically, weekly, full time) the constniction of ihe projcct for ihe Pemiittec hereby state that, to the best of my abilities, due care and dili:ence was used in the ubservation of the construction such that the cons�ruc[ion was observed to be buih within substantial compliance and intent of the d01 Water Quali[y Certitication and 6ufl�cr Rules, the approved plans and specitications, and other supporting materials. Si�naWre Date Re�isvation No. _ Slale ol'Nunh Camlinu I��.ncirnnmrntal Quahte 1617 Moil Sen�me Centarl k+�lcielt North Camlina'7h49-Ih17