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Home My WebLink About20120164 Ver 1_Approval Letter_20120228A WIA C®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld P E Governor Director February 28 2012 New Hanover County NCDWQ Project No 12 0164 Bridge No 12 on US 74/76 TIP /State Project No 15B 13 19 APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Ms Karen Fussell P E Division Engineer NCDOT Division 3 5501 Barbados Blvd Castle Hayne NC 28429 Dear Ms Fussell Dee Freeman Secretary You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing the submarine cable on Bridge 12 to Wrightsville Beach in New Hanover County Open Water (AIWW) Impacts in the Cape Fear River Basin Site Permanent Fill in Open Waters ac Temporary Fill in Open Waters ac Total Fill in Open Waters ac 1 007 008 015 Total 007 008 015 Total Open Water Impact for Protect 0 15 acres The protect shall be constructed in accordance with your application dated received February 14 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Number 3819 This certification corresponds to the Nationwide Permit 12 issued by the Corps of Engineers 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 protect change you must notify the NCDWQ 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 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 150 linear feet compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to the conditions listed in the attached certification and any additional conditions listed below Condition(s) of Certification Protect Specific Conditions This certification only authorizes installation of the submarines cables using the betting method as described in the application Installation by any other method must receive approval from NCDWQ prior to its use 225 Green St Suite 714 Fayetteville NC 28301 5043 Phone 910 -433 3300 \ FAX 910 -486 0707 Internet www ncwaterauality or9 An Equal Opportunity \ Affirmai ve Action Employer 50 / Recycled \ 10 / Post Consumer Paper NorthCarohna Wulrallff 2 Due to the water depths and need to maintain an open waterway for boating traffic at this project site Condition 6 of General Certification 3819 is waived and will not be enforced However the work must be conducted in compliance with General Condition 28 of this certification 3 The bottom elevation of the AIWW should be restored to its preexisting elevation to the maximum extent practicable with the native material that is removed during installation If this condition is unable to be met due to loss of material during installation please contact NCDWQ for guidance on how to proceed and to determine whether or not additional material is required 4 This approval will expire with the accompanying 404 federal permit This condition supercedes condition No 27 in the General Certification 3819 General Conditions Unless otherwise approved in this certification placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches to allow low flow passage of water and aquatic life Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream and down stream of the above structures The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 2 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 3 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 4 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 5 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 6 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 7 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 8 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 9 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 11 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification 12 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 13 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 14 The outside buffer wetland or water boundary located within the construction corridor approved by this authorization 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 15 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 a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation contiol requirements etc 16 The Perimttee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 17 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 NCDWQ when all work included in the 401 Certification has been completed 18 Native riparian vegetation 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 19 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 20 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 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 Erosion Conti of 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 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 21 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 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 00am and 5 00pm 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 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) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson Geneia] Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please contact Mason Herndon at (910) 308 4021 Sincerely Charles Wakild Director Ec Stoney Mathis Division 3 Environmental Officer Brad Shaver US Army Corps of Engineers Wilmington Field Office Travis Wilson NC Wildlife Resources Commission Stephen Lane Division of Coastal Management Sonia Carrillo NCDWQ Central Office File Copy NCDWQ Protect No Applicant Project Name Date of Issuance of 401 Water Quality Certification County Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to NCDWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these Applicant s Certification I 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 intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Agent s Certification Date I 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 intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Engineer s Certification Date Partial Final I , as a duly registered Professional Engineer in the State of North Carolina having 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 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 specifications and other supporting materials Signature Date Registration No