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HomeMy WebLinkAbout20120864 Ver 1_Approval Letter_20120927 AVA MEM North Carolina Department of Environment and Natural Resources Division of Water Quality it { Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary September 27 2012 Beaufort,County DWQ Project No 20120864 Aurora Ferry Terminal Improvements r j APPROVAL of TAR PAMLICO BUFFER RULES(15A NCAC 2B 0259)AUTHORIZATION CERTIFICATE Mr Lance Winslow NC DOT Ferry Division 8550 Shipyard Road Manns Harbor NC 27953 Dear Mr Winslow You have our approval in accordance with the conditions listed below for the following impacts for the purpose of shoreline stabilization and protection of the existing spoil berm wall at the Aurora Ferry Terminal in Beaufort County Buffer Impacts in the Tar Pamlico Basin Buffer Zone 1 Buffer Zone Site (sq ft) 2(sq ft) Spoil Berm 0 3000 Net Total 3 000 Impacts The project shall be constructed in accordance with your application dated received September 20 2012 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 authorization is valid solely for the purpose and design described in your application(unless modified below) Should your project change you must notify the DWQ and submit a new application If the property is sold the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all the conditions For this authorization to remain valid you must adhere to the following conditions Conditions of Authorization 1 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 DWQ determines that such standards or laws are not bemg 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 DWQ may reevaluate and modify this certification 2 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(le local state and federal)having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 3 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval North Carolina Division of Water Quality Internet www.ncwaterqualrty,org 943 Washington Square Mall Phone 252 946-6481 _One Washington NC 27889 FAX 252 946 9215 orthCarolma An Equal Opportunity/Affirmative Action Employer—50/0 Recycled/10/0 Post Consumer Paper Naturally Page 2 of 3 4 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 5 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 6 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 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 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 1 d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 7 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 8 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved by this certification 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 NCDWQ At this time NCDWQ has approved no sediment and erosion control devices in Zone 1 outside of the 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 All riparian buffers impacted by the placement of temporary fill or construction activities shall be restored to the preconstruction contours and revegetated by the end of the growing season following completion of construction 11 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 12 Upon completion of the project(including any impacts at associated borrow or waste site) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify DWQ when all work included in the Authorization Certificate has been completed 13 A copy of this Buffer Authorization shall be maintained on site at the construction site at all times This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0259 This letter does not authorize any impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of Engineers (USACE)or NC Division of Water Quality(DWQ)if any impacts are proposed to either of these waters If you have any questions please telephone Garcy Ward of the Washington Regional Office at 252 946 6481 Sincerely for Chuck Wakild P E cc Tom Steffens US Army Corps of Engineers Washington Field Office Stephen Lane DCM Morehead City Steve Sollod DCM Raleigh Sonia Carrillo DWQ Transportation Permitting Unit File Copy I Page 3 of 3 I DWQ Project No County Applicant Project Name Date of Issuance of 401 Water Quality Certification 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 DWQ 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 Date Agent 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 Date Engineer s Certification 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 Permatee 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 Registration No Date