HomeMy WebLinkAbout20170433 Ver 1_Approval Letter_20180517Environmenru!
QUQ�I Cy
ROY COOPER
i;.n��°rnor
MICHAEL S. REGAN
Serrdrun�
LINDA CULPEPPER
burr7m I)irrclor
May I7.2018
Pender County
NCDWR Projec� No.20170433
Multi-Use Path on SR 1563
TIP No. SR-iqOICB
APPROVAL of d01 WATER QUALITY CERTIFIC.4TION with ADDITIONAL CONDITIONS
North Carolina Department of Transportation
Division 3
Attn: Karen E. Collette, P.E.. Division Engineer
»01 Barbados Boulevard
Casde Hayne. NC 38429-5647
Dear Ms. Collette:
This permit rescinds and replaces [he previously issued permit dated April 21, 20I Z You have our approval, in
accordance wi[h Ihe conditions listed below, for the folloH�ing impac[s for [he proposed Multi-Use path on SR-1 �63
(Sloop Poin[ Loop Road) in Pender Countv:
Stream Impacts in thc Cape Fear River 13asin
Nermanent Fill 'I'em�nrary fill Nermanenf Fi❑ Temporary Pill
in Intermittent in Intrrmittent in Perennial in Perennial
Total Stream
Site 5trcam S[ream Stream Stream �mpact
linear ft linear ft lincar ft linear ft (��near Tt)
� q �p ?q
TOTAL 9 20 0 0 29
Total StreAm Impact for Projech 29 linear feet.
Open Wa[er Impacfs in the Cape Fe�r River Basin
Pcrmancn[ 1'ill in Temporary Fill in Total Fill in Open
Site U x�� �ya[ers (ac O ien Waters (ac� Waters (ac)
I 0.(kM15 1LlhM15
1 ❑ Q(Nl7 ILCN)7
� ILIA)
3 0.(N)I O.INJI O.IN)2
TOTAL 0.046 0.008 0.054
Total Open Wnter Impac[ for Projech0.05� acres.
�Nothing Compares — -
State of Nonh Carolina I Lnvironmantal Quahty
I�ii 7 MaJ Service Cemer I Raleigh. North Curolina'_7fiYYd-1617
The project shall be constructed in accordance with your application dated received Apri17, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4088. This certification corresponds to the Nationwide Permit 14 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 and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[15A NCAC 02H.0506(b)(2)]
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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
3. 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.
[15A NCAC 02B.0200]
4. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., ar protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
6. 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. [1SANCACO2H.0506(b)(2)]
7. 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)]
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
9. 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..[15A NCAC 02H.0506(b)(3)]
10. 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)]
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
13. 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. Ifthe NCDWR 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, the NCDWR may reevaluate
and modify this certification. [15A NCAC 02B.0200]
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
15. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
��)�2)�
16.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. [15A NCAC
02H.0501 and .0502]
17. 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.
18. 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)]
19.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 the NCDWR
when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
20.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. 15A NCAC 02B.0231(a)(6)]
21.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.[15A NCAC 02H.0506(b)(3) and (c)(3)]
22.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 wafers 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 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 Conao/ Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractorvowned or leased
borrow piu 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 Carolrna Surface
Mining Manua(.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
23. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidabl, they shall
be removed and the natural grade restored upon completion ofthe project. [15A NCAC 02H.0506(bx3) and
(�X3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
heazing. 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 Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday Uvough 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 transmission.
The mailing address for the Office of Administrative Hearings is:
Office af Administrative Hearings
6714 Mail Service Center
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:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-6701
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Joanne Steenhuis at (910) 796J306 orjoanne.steenhuis@ncdencgov.
Sincerely,
i `�/�� � •
Lin a Culpepper, Intenm D�rector
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Hemdon, Division 3 Environmental Officer
Cathy Brittingham, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
Envlronmenrai
QUQ�f C}''
NCDWR Projec[ No.: 2017-0433
A�plicant: NGDOT
Countv: Pender
ROY COOPER
t;�„�e,�» ,,,�
MICHAEL S. REGAN
Jro��a�u�i�
LINDA CULPEPPER
Gurnm Dlrr�'lur
Project Name: Construction of Multi-Use Path on SR-1563 (Sloop Poin[ Loop Road) Hampstead
Uate of Issuance of 401 Water Quality Cer[itication:
Certifica[e oPCompletion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ modifications. tlie applicant is required to return this certificare to the 401 Transportation Permi[ting
UniL North Carolina Division of W'ater Resources, I617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDW R by [he applicant. the applicant�s authorized agent, or the project engineer. It is not
necessarv to send certificates from all of these.
Applrcan!'s Cerlificatinn
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 ofthe 401 Water Quality Cenification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenP.s Cerliftcn�inn
1, , hereby sta[e that, to the best of my abili[ies, due care and diligence
was used in the observation of [he construc�ion such [hat [he construction was observed to be buil[ within substan[ial
compliance and intent of the �01 Water Quality Certitication and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Si�,nature: Date:
Eregireeer's Cerlificaliort
Partial Final
1, , as a duly registered Professional Engineer in [he S[ate of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of [he project for the
Permittee hereby s[ate that, [o the best of my abilities, due care and diligence was used in the observation of the
caistruction such [hat [he construction was observed to be buil[ within substantial wmpliance and inten[ oftlie 401
Water Quality Cenification and Buffer Rules. Ihe approved plans and specifications. and other supponing ma[erials.
Signature
Date
Registration No.
Staic oi North Carohna I ��.nvironmental Quahty
I��17 Mail ti��rv¢e Cemer I Raleieh. North C�rolina 2 7699-1 61 7