HomeMy WebLinkAbout20190093 Ver 1_Approval Letter_20190123ROY COOPER
Gwe+nor
MICHAEL S. REGAN
sK.n�
LINDA CULPEPPER
mrerim arnnor
NORTH CAROLINA
EnNranmenm! Qua!!ry
January 23, 2019
Johnston Counry
NCDWR Project No. 20190093
Bridge 141 on SR I550
TIP No. B-5654
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Ronnie Keeter, PE, Division Engineer
NCDOT Division 4
PO Box 3165
Wilson NC 27828
Dear Mr. Keetec
You have our approval, in accordance wi[h the wnditions listed below, for [he following impac[s for the purpose of
replacing Bridge 141 in Johnsron County:
Site
To[al
45
Total Stream Impact for Projec[: 45 linear feet.
Total � 0.02
0.03
I 45
in the Neuse River Basin
irin ac Hand Clearin ac
OA4
Total Wetland Impact for Project: 0.09 acres.
Site � Zone 1 Impact
Totals � 7068
Temporary Fill in Perennial Stream � Total Stream Impact
Neuse Ri arian Buffer Im ac[s
Zone I Buffer Mitigation Zone 2 Impact
N/A
* n/a = Total for Site is less than I/3 acre and I50 line<
Total BufTer Impaet for Project: 10264 square feet.
�. D_E Q�,�
_ ..�...ii:.1��.ro.���
3196
no
Im
0.09
Zone 2 Buffer Mitigation
leouired (usine I.5:1 rati�
N/A
North Carolina Department of Environmen[al Qualiry Division of Water Resources
512 North Salisbury S[reet I 1617 Mail Szrvice Center Raleigh. North Carolina 27699-1617
919]07.9000
The project shall be constructed in accordance with your application received January 22. 2019. After reviewin�
your application, we have decided that these impacts are covered by General Water Quality Certilication Number
4I32. This certi(ication corresponds to the Nationwide Permit 3 issued by the Corps of �;ngineers. This approval is
also valid for the Neuse Riparian Buffer Rules (I �A NCAC 26.0333). In addition, you should acquire any other
federal, state or loeal permits before you proceed with your project includin� (but not limited to) Sediment and
Erosion Control, Non-0ischarge and Water Supply Watershed re�ulations. This approval will expire with the
accompanying 404 permit.
'I�his approval is valid solely for the purpose and design described in your application (unless moditied below).
Should your project chan�e, you mus[ notify the NCDW R and submit a new application. If the property is sold, the
❑ew owner must be given a copy of this Certification and approval letter, and is thereby responsible for complyino
with all the conditions. If 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 I�0 linear fee[, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory miti�ation
as described in I SA NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in
[he General Certification and any additional condi[ions listed below.
Condi[ions of Certification:
I. 'ihe post-construction removal of any temporary bridge structures must return the project si[e [o its
preconstruction contours and elevations. The impacied areas shall be revegetated wi[h appropriate native species.
[ I S A NCAC 0? H.0506(b)(3)�
2. As a condition ofthis 401 Water Quality Certification, the bridae 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. [ISA NCAC 02H .0507(d)(2) and ISA NCAC 03H .0506(b)(5)�
3. Bridge deck drains shall not discharae directly into the stream. Stormwater shall be directed across the brid�e and
pre-treated through site-appropriate means (�rassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. To meet the requirements of NCDOT's NPDF.S permit NCS0000250, plcasc refer to the most
recent version of the North Cnrolina Departnient of Trattspnrtc�tion Smi�mx�cite�� Bes[ Management Prac[ices
Toolbox manual for approved measures. � I SA NCAC 02H .0507(d)(2) and l�A NCAC 02H .0506(b)(5)]
4. Bridge piles and bents shall be constructed usin� driven piles (hammer or vibratory) or drilled shaft construc[ion
methods. More specifically, jettin� or other methods of pile driving are prohibited without prior written approval
from the NCDWR first [ISA NCAC 02H.0506(b)(Z)]
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. [ISA NCAC 02H .0506(b)(3)�
6. A turbidity cunain 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, or during the removal of bents from an old brid�e. This
condition can be waived with prior approval from the NCD W R[ I SA 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 certitication. �15A NCAC 2B.0233]
�� � Q��
North Carolina Department of Enviraimental Quality �, Division of Wa[er Resources
512 North Salisbury Street . 1617 Mail Service Center I Raleigh. North Carolina 2769916ll
919707.9000
8. All riparian buffers impacted by the placement of temporary fill or clearin� activities shall be restored to the
preconstruction contours and reve�etated. Main[ained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion ofconstruction. For the purpose ofthis condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOI'
maintenance activities including mowing. The area with non-maintained buffers shall be permanendy revegetated
with native woody species before the next growing season fol lowing completion of construction. [ I SA NCAC
2B.0333]
9. Pursuan[ [o ISA NCAC 26.0233(6), sediment and erosion control devices shall no[ be placed in Zone I ofany
Neuse Buffer without prior approval by the NCDWR. At [his [ime, the NCDWR has approved no sediment and
erosion control devices in Zone I, outside of the approved project impacts, anywhere on this projecL Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone I is not
compromised and tha[ discharge is released as ditTuse Flow.
10. If conerete is used during eonstruction, a dry work area shall be maintained to prevent direct contact between
curing concre[e and s[ream wa[er. Water [hat inadvertently contacts uncured concrete shall no[ be discharged [o
surface waters due to [he poten[ial for eleva[ed pf 1 and possible aquatic life and tish kills. [ I SA NCAC 02B.0200]
I I. During the cons[ruc[ion of the project, no stagin� of equipment of any kind is permitted in walers of the U.S., or
prorected riparian buffers. [ISA NCAC 02H.0506(b)(2)�
12. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Dis[urbed
Floodplains and streams shall be restored [o natural �eomorphic conditions. [ I SA NCAC 0?HA�O6(b)(2)]
13. Thc use of rip-rap above Ihe Normal High Wa[er 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. [ISA
NCAC 02H.0506(b)(2)]
14. The Permittee shall ensure that the final design drawings adhere to the permit and [o [he permit drawings
submitted for approvaL [ I �A NCAC 02H .0507 (c) and I SA NCAC 03H .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
[he most current version of NCDOT Construc[ion and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion strucwres shall be used to preven[ excavation in Flowing watec [ISA NCAC
02H.0506(b)(3) and (c)(3)J
16. Heavy equipment shall be operated from the banks rather than in the stream channel in order [o minimize
sedimentation and reduce the introduction of o[her pollutants into the stream. [I SA 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 uther toxic materials. [15A NCAC
02H.0506(b)(3)]
18. No roch, sand or o[her materials shall be dredged from [he stream channel except where au[horized by this
certification. [ISA NCAC OZH.0506(b)(3)]
19. Discharging hydroseed mixmres and washing ou[ hydroseeders and other equipment in or adjacen[ [o surface waters
is prohibited. [ISA NCAC 02H.0506(b)(3)]
.::.�, � Q�,�
North Carolina Departmen[ of Environmental Qu�ety � Division of Wa[er Resources
512 North Salisbury S[reet � 1617 Mail Service Center �, Raleigh, North Carolina 27699-161 i
919707.9000
30. The permittee and its authorized agents shall conduct its activitics in a manner consisten[ with State water quality
standards (including any requirements resulting from compliance with y303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If the NCDW R determines that such standards or laws are not being
met (including the failure ro 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 NCDW R may reevaluate and modify this cenification. [ I SA
NCAC 03B.0?00]
21. All till slopes loca[ed in jurisdictional wetlands shall be placed at slopes no flatter [han 3:1, unless o[herwise
authorized by this cettification. [ISA NCAC 02H.0506(b)(?)]
22. A copy of this Water Quality Certification shall be maintained on ihe construction site at aIl times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be main[ained with the Division Engineer and
the on-site project manager. [I SA NCAC 0211 .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)]
23. The ou[side buffer, wetland or water boundary loca[ed wi[hin the construc[ion corridor approved by [his
authorization, includine all nomcommercial borrow and waste sites associa[ed wi[h the project, shall be clearly marked
by highly visible fencing prior to any land dis[urbing activities. Impacts to areas within the fencing are prohibi[ed unless
otherwise authorized by this certification. [ISA NCAC 0?HA501 and .0502�
24. The issuance of this certification does not esempt [he Permittee from complyin� with any and all statutes, rules,
regulations, or ordinances that may be imposed by other govemment aaencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, s[ormwater management rules, soil erosion and
sedimentatioo control requirements, etc.
25. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [ISA NCAC 03B.0506(b)(2)]
26. Upon completion of the project (includin� any impacts at assoeiated borrow or waste sites), the NCDOT Division
En�ineer shall complete and retum the enclosed "Certification of Completion Form" [o notify the NCDWR when all
work included in the d01 Certification has been completed. [ISA NCAC 02H.0502(�]
27. Native riparian vegetation (i.e., trees and shrubs native to your geographic re�ion) must be reestablished in [he
riparian areas within the construction limits of the project by the end of the �rowing season following comple[ion of
construction. [ISA NCAC 026.0233(10)� R[ISA NCAC 036.0506(b)(2)�
28. There shall be no excavation from, or was[e disposal into, jurisdictional wedands or waters associaled with this
permi[ wi[hout appropriate modification. Should was[e or borrow sires, or aceess roads to waste or borrow sites, be
loca[ed in we[lands or streams, compensarory miti�ation will be required since that is a direct impact from road
construction activities. [ISA NCAC 03H.0506(b)(3) and (c)(3)]
29. Erosion and sediment control prac[ices mus[ be in ful I compliance with aIl specitications governin� the proper design,
installa[ion and operation and main[enance of such Best Management Practices in order to protect surtace waters
standards [ISA NCAC 02H.0506(b)(3) and (c)(3)]:
a. The erosion and sediment control measures for the project mus[ be designed, installed, operated, and
maintained in accordance with the most recent version of the Norlh Carolinn Sedrment and Erosion
Contro/ PlanninR and Design Manual.
b. The design, installation, operatio�, 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
Carolrna Seclimenr nnd Erosion Control blanaal. The devices shall be maintained on all construction
si[es, borrow si[es, and waste pile (spoil) projec[s, including contracror-owned or leased borrow pits
associated with the project.
:�.,.,,..�.� Q�.�
North Carolina Departmen[ of Environinen[ai Quaiip� Division ot Water Resources
512 North Salisbury SVee[ � 16ll Mail Service Center I Raleigh. North Carolina 2 76 99-16 1i
919707.9000
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 Nor�h Cnrolino Su�Jace h/ining
Mcrnual.
d. The reclamation measures and implementation must comply wi[h the mclamation in accordance with the
requiremen[s of the Sedimentation Pollu[ion Control Act.
30. 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. [I�A NCAC 021i.0506(b)(3) and (c)(3)J
31. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter I 13A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sedimen[
and Pollution Control Ac[, all projec[s shall incorpora[e appropriate Best Managemen[ Practices for the control of
sedimen[ and erosion so [hat no violations of s[ate water quality standards, sta[u[es, or rules occuc [ I SA NCAC 02H
A�06{b)(3) and (c)(3) and ISA NCAC 02B.0200]
32. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the Nor(h Carolinn Sediment and Erosion Coritrol
Manual, or for linear transportation projects, the NCDOT Sedimen[ and Erosioia Coivtrol hlana�al.
AI I devices shall be maintained on all construction sites, borrow sites, and was[e pile (spoil) sites, includin� contractor-
owned or leased borrow pits associated with the projecC Sufficient materials required for stabilization and/or repairof
erosion control measuresand stormwater routinaand treatment shall be on site at all times.
For borrow pi[ si[es, [he erosion and sediment control measures shall be designed, installed, opera[ed, and maintained
in accordance with the most recent version ofthe Norda Carolrna SimJnce h>ining hlan:rnl. Reclamation measures and
implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act and the Mining Act of 197 L�I SA NCAC 02H.0506(b)(3) and (c)(3); GC d 135]
If you wish to contest any statement in the attached Certification you must file a petition for an adminisha[ive
hearing. You may obtain the petition form from thc office of Administrative hearings. You must tile the petition
wi[h [he 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 Hearines accep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The ori�inal and one ( I) copy of the petition must be filed with the Office of
Administrative Hearin�s.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings wi[hin fivc (5) business days followin� [he fased transmission.
The mailing address for [he Office of Administrative Hearings is:
Office of Adminis[rative Hcarings
6714 Mail Service Cenrer
Raleiah, NC 27699-6714
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
Department of Environmen[al Quality
1601 Mail Service Center
:......�.� Q�,�
North Carolina Department of Envuonmental Quahp� Drvison of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 2 7 6 99-16 1i
919]07.9000
�
This letter completes the review of lhe 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,
, � �.� '_' 1 �
��Linda Culpepper, Director
� Division of Wa[er Resources
Electronic copy only dis[ribotion:
Eric Alsmeyer, US Army Corps of En�ineers, Raleigh Field Office
Chad Coggins, Division 4 Emironmen[al Officer
File Copy
:;:..,. � Q�,�
North Carolina Departmen[ of Emuonmentai Quairty Division of Water Resources
512 North Salisbury Stree[' 1617 Mail Service Center I Raleigh. North Carolina 27699d617
919707.9000
�
ROY COOPER
ca�e.�o.
MICHAEL S. REGAN
Secremry
LINDA CULPEPPER
Dire<for
NORTH CAROLINA
Environmenml Qualiry
NCDWR Projec[ No.: Coun[y:
Applicant
Project Name: _
Datc of Issuance of a01 Water Quality Certifica[ion:
Certificate of Completion
Upon completion of all work approved within the d01 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, Ihe applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Scrvice Center, Raleigh, NC, 37699-1617. This form
may be returned to NCDWR by Ihe applicant, the applicant's authorized agent, or the project eneineec It is not
necessary to send certificates from all of these.
.4pplicmeYs Cerlrfrcaliau
I, , hereby state that, [o 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[he 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and o[her suppor[ing ma[erials.
Signature: Date: _ _ . _ _
Agent's Certificnlioir
I, , hereby state that, m the best of my abilities, due care and dilioence
was used in the observation of the construction such that the consiruction was observed to be built within substantial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and o[her supporting materials.
Si�nature:
Engineer'.c Cenij]calimt
Partial
Final
Date:
I, , as a daly registered Professional F.ngineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, full time) the eonstruetion 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
construction such that the construction was observed to be built within substantial compliance and in[ent of [he 401
Wa[er Quality Certihcation and Buffer Rules, Ihe approved plans and specitications, and other supporting materials.
Signature
Date
Registration No.
D_E Q�� North Carolina Department of Environmental QualiTy I Division of Water Resources
5R North Salisbury Street I 16I7 Mail Service Center I Raleigh. North Carolina 27699-1617
o-,.nm.mmEmo.�..n�a�,��� /'� q�9.7079000
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