HomeMy WebLinkAbout20170723 Ver 1_Certification of Completion_20200115Environmental
Quality
ROY COOPER
MICHAEL S. REGAN
S JAY /IMMERMAN
July 5. 2017
Dare County
NCDWR Project No ?0170723
APPROVAL of 401 WATFR QUALIT1 CFRTIFICATION with ADDITIONAL CONDITIONS
Mr. George Price
Cape Hatteras Electric Cooperative
47109 Light Plant Road
Buxton. NC 27920
Dear Mr. Price
You have our approval, in accordance with the condwons listed below, for the lollovvin^ impacts for the purpose of
installing a new transmission circuit necessitated by the construction of the new Bonner Bride and the construction
of an access road to an emstim_ substation in Dare Count\
Wetland TpAt rs in the Pasquotank Rimer Basin
Site lti etland FiE ;,i4 i r I land Clearing (ac)
1 0 15 fi _A27
060
_ Total f1. I 087
Nei 'I oral -� 0 237
Total Wetland Impact for Project: 0.237 acres
The project shall be constructed in accordance with your application dated received June 7. 2017. After reviewinE..
your application, we have decided that these impacts are covered by General Water Quaint' Certification \umber
4088 This certification corresponds to the Nationw tde 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
litnited to) Sediment and Erosion Control. Non -Discharge and Water Supply 1k atershed revilulations rhls approval
u ill expire with the accompam in�t 404 permit
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your project change. you trust notify the NCDWR and submit a new application. If the property is sold, the
new owner must be 6ven 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 (no" or in the future) exceed 150 linear feet. compensatory mitigation may be required as
described in 15A NCAC 211 .0506 (h) (6) and (7) 17or this approval to remain valid, you must adhere to the
conditions listed in the attached cenificauon(s) and Duty additional conditions listed below
Condition(s) of Certification:
he issuance of th s certification does not exempt the Permittee from complNing with am and all statutes, rules,
red-ulations. or ordinancew that may be imposed by other government agencies (i.e. local. state. and federal) having
jurisdict'on. including but no. limited to applicable buffer rules, stormvater management rules. soil erosion and
sedimcmatlon control requirements, etc.
'Nctihtng Compares
date of North Carolina I nuronmenta ouality
617 Mai Senice Center 1 Raleigh. `onh Carolina �7e99 1617
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 ISA NCAC 0214.0506 (bx2) and (c)(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. [I SA NCAC
02B.0200]
4. 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]
5. 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. [I5A NCAC 02H.0506(b)(2)]
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 [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 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.
7. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(bX3) and (cx3)]
8. 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 areas are defined as a distance 25 feet from top of stream bank. [I SA NCAC 02B.0224, .0225]
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [I5A NCAC 02H.0506(bx2)]
10. 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(bx3) and (c)(3)]
It. 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 )]
12. 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. (I SA NCAC 02B.0506(b)(2)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. 115A NCAC 02H.0506(bx3)]
14. 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 the 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]
15- The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. 115A NCAC 02B.0506(b)(2)]
16. Upon completion ofthe project (including any impacts at associated borrow or waste sites). the NCDOT Division
F.ngincer 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. { I>A NCAC 0214.0502(t)j
17. 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_ J I5A NCAC 0211,0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
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 Bearings 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. Fhe Office of
Administrative Hearings accepts filings Monday through Frida} 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 mailin- address for the Office of Administrative Hearings is:
Office of Administrative hearing_,
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 t-oliows:
Mr. Sam M.Haves. General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions. please contact Garcy Ward at (252) 946-6481 or ,arcy,ward(ulncdenr,,gov.
Sinccrely,� ,
S. Jav Zimmerman. Director
Division of Water Resources
Electronic copy only distribution:
Kvle Barnes, US Army Corps of Engineers. Washington Field Oflice
Cia,, Willis. Division I Environmental Officer
Steve Thompson, National Park Service
Liz Ward, Booth & A-sociates, LLC
Greg Daisey, NC Division of Coastal Management
Garcv Ward. NC Division of Water Resources, Washington Regional Office
File Copy
ROY COOPER
Kro
MIC14AEL S REGAN
Environmental S !AY ZIMMERMAN
Quality 20170723 Dare
NCDWR Project No.: ( aunt+
Applicant: Cape Hatteras Electric Cooperative
Project Name: Bonner Bridge Transmission Circuit Relocation
Date of Issuance of 401 Water QualilN Certification:
July 5, 2017
Certificate of Completion
1 pon completion of all work approved ystthtn the 401 W ater Quaht% Cert.ficauon 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 Resources. 161' Mail Service Center, Ralci2h. NC.'_7699-1617 ['his form
may be returned to NCDWR by the applicant, the applicant's authorized agent. or the project en-ineer It is not
necessary to send certificates from all of these.
r4ppiicant'.c Certification
1 J. Mark Rhyne, P.E./CHEC hereby state that. to the best ofmy abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built vyrthin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules. the approved plans and
specifications, and other supporting materials
D
Si_nature n%�c� k Date- January 14, 2020
ARent',v Certification
1.Briana Eddy/Booth & Associates hereby state that. to the hest of my abilities, due care and dili_ence
was used in the observation of the construction such that the construction was observed to be built w ithin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, ,ind when supporting materials.
y January 14, 2020
Signature:
Engineer'% Certification
Partial 71 Final
William P Jordan, P.E. . as a duly roistered Professional Enuineer in the State of North
Carolina, havtn, been authorized to observe 1peritxlicalk. weekly. full time) the construction of the project for the
Permince hereby state that, to the best of my abiliCes. due care and dilii-,ence was used in the observation of the
construction such that the construction was observed to be built w ithin substantial compliance and intent of the 401
Water Quahr. l_ertilirati m a iuti r Rules. the approved plans and specifications. and other supporting materials
Signature "{,I<� - Rc�,istration No
035029
Date January 14, 2020
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