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HomeMy WebLinkAbout20160938 Ver 2_Approval Letter_20170630En vironmen t uf Quality ROY COOPER corernor MICHAEL S. REGAN Srrre�arr S. JAY ZIMMERMAN ir„�<���ro�� June 30, 2017 Hyde County NCDWR Project No. 20160938 v.2 Shoreline S[abiliza[ion NC 94 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Paul Williams NCDOT, Division One 113 Airport Drive. Suite 100 Edenton, NC 27932 Dear Mr. Williams: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of shoreline stabilization along the portion of NC 94 on the Lake Mattamuskeet causeway in Hyde County: O en Water Im acts in the Tar-Pamlico River . Site WestBank O en Water(ac) ShorelineQ� A 0.019 220 B 0.014 100 C 0.018 I60 D 0.021 190 E 0.028 120 F 0.005 50 G 0.01 60 H 0.031 220 I 0.018 200 ] 0.008 175 K 0.005 55 L 0.085 540 M 0.005 140 N 0.012 130 O 0.007 70 P 0.022 395 Q 0.018 250 Tota! Q326 3,075 East Bank O en Water(ac) Shoreline Q A 0.006 45 B 0.01 I 70 D 0.009 80 E 0 25 F 0.024 120 G 0955 255 H 0.010 70 I 0.017 85 tasin �'Nothing Compares =- �. Stace ofNonh Carolina I F.nvironmental Qualiry 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 East Bank O en Water(ac) Shoreline (1 fl J 0.026 350 Total 0.158 1,100 Net Total 0.484 4,175 Total Open Water Impact for Project: 0.484 acres. The project shall be constructed in accordance with your application dated received May 22, 2107. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4087. This certification corresponds to the Nationwide Permit 13 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 project change, you must notify the NCDWR 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(s) and any additional conditions listed below. Condition(s) of Certification: 1. 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.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 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. [15A NCAC 02H.0506(b)(2)] 4. 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. [15A NCAC 02H.0506(b)(3)] , 5. 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 [15A NCAC 02H.0506(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 North Carolina Sediment and Erosion Contr-ol 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. 6. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. [15A N�AC 02H.0506(b)(3) and (�)(3) 7. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native trees. Riparian azeas aze de£ned as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225] 8. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standazds (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 the NCDWR detetmines 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, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 9. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 10. A copy of this Water Quality Certification shall be maintained on the construction site at all timea In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(2)l 11. 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" [o notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�] 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 heazings. 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 Adminishative Heazings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, 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 hansmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Centet Raleigh, 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. Sam M.Hayes, General Counsel Deparhnent of Env'vonmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 40] of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252)946-6481 or garcy.ward@ncdenr.gov. Sincerety, � ��� �' �. S. Jay Z�mmerman, Directot Division of Water Resources Electronic wpy only distribution: Kyle Bames, US .4rmy Corps of Engineers, Washington Field Office Clay Willis, Division 1 Environmental Officer . Greg Daisey, NC Division of Coastal Management Garcy Wazd, NC Division of Water Resources Washington Regional O�ce Fiie Copy Envlronmen t ci! Quality NCDWR Projec[ No.: Applicant: Project Name: Date of Issuance of 401 Water Quality CertiPcation: County: ROY COOPER G�» ��•rnor MICHAEL S. REGAN Srrrr��,rr S.1AY ZIMMERMAN t�n�«r,�,� Certificate oP Completion Upon completion of all work approved wi[hin the 401 Wa[er Quality Certification or applicable Buffer Rules, and am subsequent modifications, the applican[ is required lo mturn this certificate to the 401 Transportation Permittin� Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC. 27699-1617. This form may be returned to NCDWR by rhe applicant, fhe applicanYs authorized agent, or the project engineer. It is not necessary to send certificates from all of [hese. .4Pplicau!'s Certijlcnlinw 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 [o be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Si�nature: Date: ,4genPs Cer[ifrcaliwi 1, , hereby state that, to [he best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed ro 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: Engirieer's Cer�ifrcation 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 sta[e that, to the best of my abilities, due care and diligence was used in the observa[ion of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and But%r Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. '"Nothing Compare� - � $la[t ol' Nonh Carolina � Emironmzn[al Qualin 1617 Mail Servire Cenmr I�Icigh. Nonh Carolina 27699-IbU