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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 ni %niil C aoI na hi, uon:ocnla 4 i i.• yl,nl tirrvLc+ cn;cr R,ilrigh Nwth l auv na';n�N..