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Home My WebLink About20181721 Ver 1_Approval Letter_20181228�� -,:�' .._'�.�.. _. d ROY COOPER c�r��. MICHAEL S. REGAN s�r.era.>� LINDA CULPEPPER fnterim OYrMar NORTH CAROLINA fnNronmentol Qua(ity December 28, 3018 Johnston County NCDWR Project No.20181721 I-40 Bridges over Middle Creek T'IP No. I-5781 APPROVAL of a01 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Ronnie Keeter, PE, Division Engineer NCDOT Division 4 PO Bos 3165 Wilson NC ?7828 Dear Mr. Keeter. You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of scour repair at the Ld0 bridges over Middle Creek in Johnsron County: Site I Bank Stabilization to Perennial Stream Total 145 Total Stream Impact for Projech IAS linear feet. 11_S Permanent Impact in Open Waters Total Impact in Total I 0.27 I 0.27 To[al Open Wa[er Impact for Project: 0.27 acres. Site Totals ::.... � Q�,� North Caroiina oepartment of Environmentai Qua�rty oivision of water Resources 512 North Salisbury Street' 16ll Mail Service Center Raleigh. North Carolina 27699-161' 919707.9000 Neuse Ri arian Buffer Im acts Zone I Impact Zone I Buffcr Mitigation Required '�. Zone 2 Impact Zone 2 Buffer Mi[igation s ft) usin 3:1 ratio) (s ft) Re uired usin l.g;� rati� 45�0 N/A 2994 N/A * n'a — Total for Site is less than 1!3 acre and I50 linear feet of impact, no mitigation required Total Buffer Impact for ProjecL• 756a square feet. Total Stream 1 T The project shall be consvucted in accordance with your application received December 19, 2018. After reviewing your applica[ion, we have decided that these impac[s are covered by General Water Qualiry Certification Number 4135. This certihcation corresponds to the General Permit 31 issued by the Corps of Engineers. This approval is also valid fbr the Neuse Riparian Buffer Rules (15A NCAC 26.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project includin�; (but not limi[ed to) Sediment aod Erosion ConVol, Non-Discharge and Water Supply Watershed re�ulations. This approval will expire with �he accompanying dOd 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 applica[ion. Ifthe property is sold, the new owner must be �iven a copy ofthis Certification and approval letter, and is thereby responsible for complying with all the conditions. If to[al wetland fills for this project (now or in the future) exceed one acre, or of total impacts ro streams (now or in the future) e.rceed I50 linear feet, compensatory mitigation may be required as described in ISA NCAC 2H .0�06 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in I SA NCAC 3B.0233. For Ihis approval to remain valid, you must adhere [o the conditions listed in the General Certitication and any additional conditions listed below. Condi[ions of Cer[ification: I. As a condition of this d01 Water Quality Certifieation, the bridoe maintenance must be accoinplished in stric[ compliance with the most recent version of NCDOT's Best Mana,ement Practices for Construction and Maintenance Activities. [I SA NCAC 03H .0�07(d)(2) and I SA NCAC 03H .0506(b)(5)� 3. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the siream bank, or within 5 leet of the [op of bank. or during die removal of bents from an old brid�e. This condition can be waived with prior approval from [he NCDWR �I SA NCAC 03H .0506(b)(3) 3. All riparian bufrers impacted by the placement of temporary till or clearin� activities shall be restored to the preconstruction contours and reveaetated. Maintained buffcrs shall be permanently revegetated with non-woody species by the end of the �rowing season following completion of construction. For the purpose of this condition, maintained buffer areas are detined as areas within [he transportation corridor [hat will be subject to regidar NCDO-I� maintenance activities including mowing. The area with non-maintained butfers shall be permanently revegetated with native woody species before the next growing season fol lowin, completion of construc[ioa [ I 5A NCAC 3B.0?33J _ d. Pursuant to ISA NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any Neuse Buffer without prior approval by Ihe NCDWR. At this' time, the NCDW R has approved no sediment and erosion convol devices in Zone I, outside ofthe approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone ? of the buffers provided that Zone I is not compromised and that dischar�e is released as diffuse Flow. 5. Ifconcrcte is used during construction, a dry work area shall be maintained ro prevent direct contact between curing concre[e and stream water. Warer that inadvertendy contac[s uncured conerete shall no[ be discharged to surface waters due to the potential for elevated pll and possible aquatic life and fish kills. �I $A NCAC 026.0300] 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. [ISA NCAC 02H.0�06(b)(2)� 7. The dimension, panern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural �eomorphic condi[ions. [ I SA NCAC 02H.0506(b)(2)] �,. � Q�,� North Carolina Department of Environmental Quau!y Drvision of Water Resources � 12 North Salisbury Sveet 1617 Mail Service Center ��, Raleigh, North Carolina 2 7 699-161 7 919.707.9000 7r 8. Thc use of rip-rap above the Normal Hi�h Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream ehannels in such a manner that it does not impede aquatie life passa�e. [ISA NCAC 03H.0506(b)(2)� 9. The Permittec shall ensure [hat the tinal design drawings adhere to ihe permi[ and [o thc permit drawings submitted for approvaL [I SA NCAC 03H .0507 (c) and 15A NCAC 0?11 .0506 lb)(3) and (c)(2)f 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from [he most curren[ version of NCDOT Construc[ion and Maintenance Activities manual such as sandba�s, rock berms, cofferdams and other diversion structures shall be used [o prevent excavation in Flowing water. �ISA NCAC 03H.0�06(b)(3) and (c)(3)j I I. Heary equipment shall be operated from the banks rathcr than in the stream channel in order to minimize sedimentation and reduce the introduction of odier pollutants into the stream. [15A NCAC 03H.Oi06(b)(3)J 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamina[ion of stream waters tiom fuels, lubricants, hydraulic Fluids, or o[her ro�ic materials. [I�A NCAC 02 H.0506(b)(3 )j 13. No rock, sand or other ma[erials shall be dred�ed from the stream channel excep[ where authorized by this certification. [ISA NCAC 03H.0506(b)(3)� I4. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface wa[ers is prohibited. [ISA NCAC 03I1.0506(b)(3)] I5. The permittee and its au[horized a,ents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resultin� from compliance with $303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCD W R determines that such standards or laws are not bein� met (including the failure to sustain a designated or achieved use) or that State or federal law is being viola[ed, or [hat further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [I SA NCAC 036.0200] 16. A copy of this Water Quality Certificatioo shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division En�ineer and the on-site project managec [ I SA NCAC OZH .0507(c) and I SA NCAC 03H A506 (b)(2) and (c)(3)] 17. The outside buffer, wetland or water boundary located within the consiruction corridor approved by this authorization, including all non-commercial borrow and waste si[es associated with the project, shall be clearly marked by highly vis'ible fencing prior to any land disturbino activities. hnpacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [I SA NCAC 03H.0�01 and .0�02� I8. The issuance of Ihis certification does not esempt Ihe Permittee from complying with any and all statutes, rules, regulations, or ordinances Ihat may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, includin� but not limited to applicable buffer rules, stormwater management mles, soil erosion and sedimentation control requirements, etc. 19. The Permittee shall report any violations of this certification [o the Division of Water Resources within ?4 hours of discovery. [I>A NCAC 02B.0506(b)(2)] �.., � Q�r North Carolina Departnent of Eiimronrnen[ai Quahry Drvision of Water Resources 512 North Salisbury Street 16P Mail Service Cen[er Raleigh. North Carolina 27699-1617 919.707.9000 _— ?0. Upon cumpletion of Ihe project (including any impacts at associated borrow or wasre sires), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and retum the enclosed "Certitication of Completion Form" to notity the NCDWR when all work included in the 401 Certification has been completed. [I>A NCAC 03FL0503(t)� 31. Native riparian vegetation (i.e., trees and shrubs native to your geographic re�ion) must be reestablished in Ihe riparian areas within the construction limits of the project by ihe end of the growin� season following completion of construction. [ISA NCAC 02B.0333(10)j R[ISA NCAC 03B.0506(b)(2)� 22. Theru shall be no excavation from, or waste disposal into, jurisdictional wedands 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 wedands 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)] 23 Erosion and sediment control practices must be in full compliance with all specitications �overnin� the proper desion, installation and operation and maintenance of such Best Management Prac�ices in ordcr to pro[ect surCace waters standards [I�A NCAC 02H.0�06(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 Noi��h Cm�olinn Sedimen� nnd Ero.siun Cnnirol Pltinniny, c�nd De.ciy,n ,M1ictntial. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such Ihat they equal, or esceed. [he requirements specified in the mos� recent version of the Nor1h Caro/ina .Sediruem rm�( Erosrun Contro/ Al�inuid The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, includin� contractor-owned or leased borcow pits associated with the project. a 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 Nor�h Ccn�olin« SirrJoce Afrning Mcinual. d. The reclamation measures and implementation must comply wi�h the reclamation in accordance with the requirements ofthe Sedimentatioo Pollution Control Act. 24. Sediment and erosion control measures shall not be placed in wedands or surtace waters, or within 5 feet of the top ofbank, without prior approval from DWR [ISA NCAC 03H.0506(b)(3) and (c)(3)] ?5. When applicable, all construc[ion activities shall be performed and maintained in full compliance wi[h G.S. Chapter I 13A Article d(Sediment and Pollution Control Act of I973). Reaardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules oceuc � I SA NCAC OZH 0506 (b)(3) and (c)(3) and I>A NCAC 026.0300] 26.Desi;n, installation. operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recen[ version of [he Nor�h Carolinn Sediruent rnrcl Erosion Control Mana�al, or for linear transportation projec[s, the NCDOT Scc(imen� nnd Erosron Coivtrol A9an:�crl. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, includin� contractor- owned or leased borrow pits associated with the projecL Sutlicient materials required for stabilization and/orrepairof erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the Norih Curnlinn Su��ace hli�ving A4cma�al. Reclamation measures and implementation shall comply wi[h the reclama[ion in accordance wi[h the requirements ofthe Sedimen[a[ion Pollu[ion Control Act and the Mining Act of 197L �ISA NCAC 02H.0506(b)(3) and (c)(3); GC 4135] �...., �: Q�-� North Carolma Departmen[ of Envvonmental Q�ahp� Division of Water Resources �12 North Salisbury S[reet 1617 Mad Service Cen[er Raleigh, North Carolina 2 7 699-16 1? 919.707.9000 If you wish to contest any statement in the attached Cettiflca[ion you must file a petition for an administra[ive hearing. You may obtain the petition form from the office of Administrative hearin�s. You must file the petition with the offiee of Administrative Hearin�s wi[hin sixty (60) days of reeeipt of Ihis notice. A petition is cons'idered filed when it is received in the o�lice of Administrative Hearin�s durin� normal office hours. The Office of Administrative Hearings accepts filinas Monday throuoh Friday between the hours of B:OOam and S:OOpm. except for official state holidays. The ori�inal and one ( I) copy of [he petition must be fi led with the ORice of AdminisVative Hearin�s. The petition may be faxed-provided the orivinal and one copy of [he document is received by the Office of Administrative Hearings within tive (5) business days followin� Ihe fased transmission. The mailin� address for the Office of Administrative Hearinas is: Office of Administrative Hearings 671d Mail Service Center Ralei�h, NC 27699-671d Telephone: (919)431-3000, Facsimile: (919)431-3100 A copy ofthe peti[ion must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmen[al Quality I60I Mail Service Center This letter completes the review ofthe Division of Water Resources under Section 401 ofthe Clean Water AcC If you have any questions, please con[act Rob Ridings at 919-707-8786. Sincerely, /� /�-.�� Linda Culpepper, Intenm Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of F.ngineers, Ralei�h Field Office Chad Coa�ins, Division d Environmental Gary Jordan, US Fish and W ildlife Service Travis Wilson, NC Wildlife Resources Commission File Copy �D E ......� � North Carolina Department of Envuonmental Q�alip� Drvision of Water Resources 912 North Salisbury Stree[ 1617 Mail Service Center Raleigh. North Carolina 2 7 6 99-1617 919]07.9000 � y �;w�, .,, � :�; � ;��.a. >�,.�rr .._�� _.. ROY COOPER (:avrvna MICHAEL S. REGAN sr� rerary LINDA CULPEPPER lntenm Direr�or NCDWR Project No.: n��i��a�r. _ NORTH CARC�LINA fnrtronmento! Qnolfty Project Name: Countv: Date of Issuance of 401 Water Quality Certification: Cer[ifica[e of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable E3uffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the d01 Transportation Permitting Unit, North Carolina Division ot Water Resources, 16U Mail Service Center, Ralei�,h. NC, 27699-1617. l�his form may be returned to NCDWR by the applicant, the applicant's authorized agent, or thc projcct cnoineer. It is not necessary to send certificates from all ofthese. ,4pplicnaYs Cenificnlion I, , hereby state Ihat, 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 the 401 Water Quality Certification and Buffer Rules_ the approved plans and specifica[ions, and other supporting marerials. Sienature: Date: Agen1's CerBflcutiar 1, , hereby state that, to the bcst oCmy abilities, due care and diligence was used in the observ2tion of the construction sueh that the constmetion was observed to be built within substantial compliance and intent of [he 401 Water Quality Certitication and Buffer Rules, the approved plans and specifica[ions, and other supporting materials. Signature: ___ Engineer's Cer[ificalimt Partial Final I. , as a duly regisrered Professional F.ngineer in the State of North Carolina, haviog been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the cons[ruction such [hat the construction was observed to be built within substantial compliance and intent of the d01 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature _ _ _ Re�istration No. Date �D E North Carolina Department of B�vironmentai Quauty Division of Wa[er Resources 512 North Salisbury Street 16ll Mail Service Center i Raleigh. North Wrolina 2 7 699-16 1' 919. �07.9000