HomeMy WebLinkAbout20190260 Ver 1_Approval Letter_20190305ROY COOPER
Governor
MICHAEL S. RECAN
se«P�a.y
LINDA CULPEPPER
Dirncror
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NORTH CARO�.INA
EnvironmenmlQuality
March 5, 2019
Wilson Countv
NCDWR Project No.20190260
6rid�e I 13 on SR 1514
State Project No. 17BP.4.R.109
APPROVAL of JOl WATER QUALITY CF.RTIFICATION and NEUSE BUFFER AUTHORIZATION, wi[h ADDITIONAL
CONDITIONS
Mr. Ronnie Keeter, PE, Division Engineer
NCDOT Division 4
PO Box3165
W ilson NC 27828
Dear Mr. Keeter:
You have our approval, in accordance with the conditions lisred below, for the following impacts for the purpose of replacin� Bridge
I 13 in Wilson County:
Si[e
To[al
Abu[men[ Fill in
65
Total Stream Impact for Projech 65 linear feet.
Site I Hand
To[al
0.01
0.01
65
River Basin
Total Wetland Impac[ for Project: 0.01 acres.
O en Water Rivers) Im acts in the Neus�
Site Permanent Fill in Open Temporary Impact to
Waters (acl Open Waters (ac)
Total I 0.02 0.01
Total Open Water Impact for Projech 0.03 acres.
�,�.__...� Q�,�
�r Basin
Total Impact to Open Wa[ers
0.03
North Carolina Departmen[ of Env�ronmental Quaiip� Drvision of Wa[er Resources
512 North Salisbury Street i 1617 Mail Service Cen[er Raleigh, North Carolina 27699-16ll
919.707.9000
in the Neuse River Basin
Neuse Riparian Buffer Impac[s
Site Zone 1 Impact
(s ft)
Totals 2258
Zone I Buffer Mitigation Required
(usin¢ 3:1 ra[io)
N/A
1716
* nia = Total for Sire is Iess than I l3 acre and I50 linear fcet of impact, no mitigation required
Total Buffer Impact for Project: 3973 square feet.
N/A
The project shall be constructed in accordance with your application received February 37. 3019. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 4132. This certitica[ion corresponds
to the Nationwide Permit 3 issued by [he Corps of Engineers. This approval is also valid for Ihe Neuse Riparian Buffer Rules ( I SA
NCAC 2B.0233). In addition, you should acquire any other federal, stale or local permits before you proceed with your project
includin� (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying d04 pennit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Shoold your project
change, you must notify the NCDWR and submit a new application. Ifthe property is sold, the new owner must be �iven a copy of
this Certification and approval letter, and is thereby responsible for complying with all the conditions. IY total wetland fills for this
project (now or in die future) exceed one acre, or of to[al impacts to streams (now or in the future) exceed I50 linear feet,
compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require
compensatory mitiga[ion as described in I SA NCAC 2B.0233. For this approval to remain valid, you mus[ adhere [o the conditions
listed in the General Certification and any additional conditions listed below.
Conditions of Ccr[ification:
L The posriconstruction removal of any temporary bridge structures must return the project site to its preconstruction con[ours and
elevations. The impacted areas shall be revegetated with appropriate native species. [ISA NCAC 02H .0�06(b)(2)
2. As a condition of this d01 Water Quality Certification, the brid�e 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. [I SA
NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)]
3. Bridee deck drains shall not discharge directly into the stream. Srormwater shall be directed across the bridge and pre-treated
[hrough si[e-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before enterin� the stream. To meet
the requirements of NCDOT's NPDES pem�i[ NCS0000250, plcase refer to the most recent version of the Norda Carolina Deparmrent
oJ 7'ranspur�atron Stornnruter 6est �tfanagenrent Practices Toulbos manual for approved measures [ I SA NCAC 03H .0507(d)(2) and
15A NCAC 02H .0506(b)(5)]
4. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface wa[ers. This water shall be
capmred, treated, and disposed of property. [15A NCAC 02H .0506(b)(3)]
5. A hubidity curtain will be installed in [he stream if driving or drilling activities occur within the stream channel, on [he s[ream bank,
or within � feet of the top of bank, or during the removal of bents from an old bridge. This condition can be waived with prior
approval from the NCDWR [15A NCAC OZH .0506(b)(3)
6. All stormwater runoff shall be directed as shee[Flow [hrough stream buffers a[ non-erosive velocities, unless o[herwise approved by
this certification. [ I SA NCAC 2B.0333]
�D E ,�
�..,...__. �
North Carohna Department of Enwronmen[ai Quahq� Dimsion of Wate� Resources
512 North Salisbury Stree[! 1617 Mail Service Center, Raleigh. North Carolina 27699�1617
919707.9000
Zonc 2 Impact
Zone 2 BufTer Mitigation
� �
7. 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 permanendy revegetated with non-woody species b}� the end of the growing
season followino 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 mainrenance activities i�cluding mowin�. The area with non-maintained
buffers shall be pennanendy� revegetated with native woody species beforc ihe next �rowin� season following completion of
construction. [I�ANCAC2B.0233]
8. Pursuant to I SA NCAC 2B.0333(6), sediment and erosion control devices shall not be placed in Zone I 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 I,
outside of the approved project impacts, antiwhere on this project. Moreover, sediment and erosion control devices shall be allowed in
Z,one 2 of [he buffers provided that Zone I is not compromised and that discharge is released as diffuse flow.
9. If concrete is used during construction. a dry work area shall be maintained ro prevent direct contact between curing concrete and
stream water. Water that inadvertently contacts uncured concrete shall not be dischareed to surface waters due to the potential for
elevared pH and possible aquatic Iife and fish kills. � I SA NCAC 03B.0300]
10. During the construction of the project, no sta,in� of equipment of any kind is permitted in waters of the U.S., or protected riparian
buffers. [I �A NCAC 02H.0>06(b)(3)]
I L The dimensioa pattern and profile of the stream above and below the crossing shall not be modified. Disturbed Floodplains and
streams shall be restored to natural �eomorphic conditions. [ISA NCAC 03H.0506(b)(3)]
12. 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 chamiels in such a manner that it dces not impede aquatic life passage. [ I>A NCAC 0211.0506(b)(3)�
13. The Permittee shall ensure that the final design drawin�s adhere to the permit and to the permit drawin�s submitted for approval.
[ISA NCAC 03H .0507 (c) and ISA NCAC 02H .0506 (b)(�) and (c)(2)]
Id. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures trom the most current
version of NCDOT Construc[ion and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion
structures shall be used to prevent excavation in Flowin� watec [ISA NCAC 02H.0�06(b)(3) and (c)(3)�
I5. Heavy equipment shall be operated from the banks ra[her [han in the stream channel in order to minimize sedimentation and
reduce the introduction of other pol lutan[s into the stream. [ I SA NCAC 03H.0506(b)(3 )]
16. All mechanized equipment operated near surface waters must be regularly inspected and maintained ro prevent contamination of
stream waters from fuels, lubricants, hydraulic Fluids, or other toxic materials. [I SA NCAC 02H.0506(b)(3)]
17. No rock, sand or other materials shal l be dredged from the stream channel except where authorized by this certification. [ I SA NCAC
03H.0506(b)(3 )]
18. Diseharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[ISA NCAC 02H.0506(b)(3)]
19. The permittee and its authorized agents shall conduet its activities in a manner consistent with S[ate water qualiry standards (including
any requirements resultin, from compliance with ,��'303(d) of the Clean Water Act) and any other appropriare requirements of State and
Federal law. If the NCDWR determines tha[ such standards or laws are not beina 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, [he NCDWR
may reevaluate and modify this certification. [ I SA NCAC 026.0200]
30. All till slopes located in jurisdictional weNands shall be placed at slopes no Flatter than 3:1, unless otherwise authorized by [his
certification. [I �A NCAC 02H.0506(b)(2)]
�...�� Q�,�
North Carolina Departmen[ oP Envvonmen[al Qualip- Divisron of Wa[er Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh. North Carollna 27699�1617
919]07.9000
21. A copy of this Water Quality Certification shall be maintained on [he construction site at all times. In addition, the Water Quality
Certification and all subsequent modifications, if any, shall be maimaincd with the Division En,ineer and Ihe on-site project manager.
j I SA NCAC 03H .0>07fc) and I SA NCAC 02H .0506 (b)(2) and (c)(3)]
22. -Phe outside buffer. wedand or water boundary located within the construction corridor approved by this authorization, including all
non-commercial borrow and waste sites associated with �he projecL shall be clearly marked by hi�hly visible fenciog prior to any land
dismrbing activities. Impacts to areas within Ihe fencing are prohibited unless otherwise audiorized by this certification. [I�A NCAC
03H.Oi01 and.0503�
23. The issuance of this certification does not e.�empt [he Permittee from complying with any and all statutes, rules, re�ulations, or
ordinances that may be imposed by other �overnment a�encies (i.e. local, state, and federal) havingjurisdiction, includin� but not limited
to applicable buffer rules, stormwater mana�ement rules, soil erosion and sedimentation control requirements, etc.
24. The Permittee shall report any viola[ions of this certification ro the Division of Water Resources within 2d hours of discovery. [I SA
NCAC 03B.0506(b)(2)�
25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division En�ineer (or
whomever is the au[horized agent if a non-NCDOT project) shall complete and return the enclosed "Certification of Comple[ion Form" to
notify the NCDWR when all work included in the d01 Certification has been completed [I SA NCAC 0_'H.0502(t)]
36. Na[ive riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) mus[ be rees[ablished in the riparian
areas wi[hin the construction limits of the p%ject by the end of the growing season followine comple[ion of construction. [ISA NCAC
02B.0333(10)� & �ISA NCAC 026.0506(b)(2)]
37. There shall be no escavation from, or waste disposal into, jurisdictional wedands or wa[ers associated with this permit without
appropriate modi�cation. Should waste or borrow sites, or access roads to waste or borrow sires, be located in wetlands or streams,
compensatory mitiga[ion will be required since that is a direct impact from road consiruction activities. [ISA NCAC 02H.0506(b)(3) and
(c)(�)�
28. F.rosion and sedime�t control practices must be in full complianee wi[h all specifica[ions governing the proper design, installation and
operation and maintenance of such Best Mana,ement Practices in order ro protec[ surface waters standards [I �A NCAC 03H.0506(b)(3)
and (c)f�)J�
a. The erosion and Sediment control measures for the project must be designed, installed, operated, and maintained in
accordance with the most recen[ version of the Nor�h Carolrna Sedinren� and Erosion Co��b�ol Plmining und De�srKn
�tlanuul.
b. l'he desi�n, installation, operation, and main[enance of the sediment and erosion control measures must be such that they
equal, or exceed, the requirements specified in the most recent vcrsion ofthe North ('nrnlinu Sedimen� and Erosion Conn�ol
Manurd. The devices shall be maintained on all construction sites, borcow sites, and was[e pile (spoil) projects, including
con[rac[or-owned or leased borrow pi[s associated with �he projec[.
c. Por borrow pit sites, the erosion and sediment control measures nmst be designed, installed, operated, and maintained in
accordance wi[h the most recent version of the Nor�h C�volinc� Su�/oce MininQ bin��uu/.
d. The reclamation measures and implementation must cotnply with the reclamation in accordance with the requirements of
the Scdimentation Pollution Control Ac[.
29. Sediment and erosion conVol measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without
prior approval from DWR [ISA NCAC 03H.0506(b)(3) and (c)(3)]
30. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter I I3A Article 4
(Sedimenr and Pollution Control Act of 1973). Regardless ofapplicabiliry ofthe Sediment and Pollution Control Aet, all projects shall
incorporate appropria[e Best Managemen[ Practices for [he con[rol of sediment and erosion so [ha� no viola[ions of state water quality
standards, statutes, or rules occuc (I SA NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B.0200�
�......, � ��,�
North Carolina Departmen[ of Environmental Quah[y Drvision of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 276991617
919]07.9000
31. Desi;n, installation, operation, and maintenance of all sediment and erosion control measures shall be equal ro or exceed the
requirements specified in the most recent version of the Nnrlh Curolina Sediment and Ero.rion Conn�ol Alnnuul. or for linear
transportation projects, the rVCDOT Se�(rnre�r[ ancl Erw�ion Control Af�ini�ol.
All devices shall be maintained on all construction sites, borrow sites, and waste pile(spoil) sites, including contractor-owned or Ieased
borrow pits associated with the project Sufficient materials required for stabilization and-or repair of erosion control measures and
stonmvater routing and treaunent shal I be on site a[ al I times.
For borrow pit sites, ihe erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the Nor�h Carolinn .SarJnce M1lining dlonunl. Reclamation measures and implementation shall comply
with the reclamation in accordance with the requirements of [he Sedimentation Pollution Control Ac[ and [he Minino Act of 1971.
[ISA NCAC 0311.0506(b)(3) and (c)(3); GC 4135]
If you wish to contest any statemen[ in [he attached Certification you must file a petition for an administrative hearin�. You may
obtain the pe[ition form from the office of Administrative hearings. You mus[ file the peti[ion with the office of Administra[ive
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in die oftice of
Administra[ive Hearin�s durin� normal office hours. The Office of Administrative Hearings accepts filin�s Monday through Friday
between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one ( I) copy of the petition inust be filed
with the Oftice of Administra[ive Hearin�s.
The petition may be faxed-provided the ori�inal and one copy of the document is received by the Office of Administrative Hearings
within tive (5) business days followin� the fased transmission.
The mailin� address for the Office of Administrative Hearin�s is:
Office of Administrative Hearinas
67I4 Mail Service Center
Raleigh, NC 37699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. BiII F. Lane, General Counsel
Department of Environmen[al Quality
1601 Mail Service Center
This letter completes [he review of the Division of Water Resources imder Section 401 of the Clean Water Act. If you have any
questions, please contact Rob Ridings at 919-707-38T.
Sincerel/�����
/��
�.�f Linda Culpepper, Director
�J � Division of Water Resources
Electronic copy only distribution:
F.ric Alsmeyer, US Army Corps of Engineers, Ralei;h Field Oftice
Chad Coogins, Division 4 Environmental Officer
File Copy
�.. � Q�,�
North Carolina Department of Envuonmental Qua��t1 Drvision of Water Resources
512 North Salisbury Street i 1617 Mail Service Cenier Raleigh. North Carolina 2769416ll
919707.9000
� ��