HomeMy WebLinkAbout20110931 Ver 1_Approval Letter_20111031 Section 401 Water Quality Certification We anticipate 401 General Certification number 3819
will apply to this pro�ect All general conditions of the Water Quality Certification will be met
however written approval from the NC Divis�on of Water Quality is still necessary due to the
width of the utility easements
CAMA NCDOT requests that the proposed utilrty work associated wrth this pro�ect be
authorized under a Coastal Area Management Act General Permit The current plans provide
information pertaming to the sewer relocation however NCDOT will request a mod�fication
from NCDCM when authorization from NCDWQ is received
A copy of this revised permrt application and rts distribution list will be posted on the NCDOT
Website at http //www ncdot org/doh/preconstruct/pe/
Thank you for your assistance wrth this pro�ect If you have any questions or need additional
information please contact Chris Manley at cdmanley@ncdot gov or(919) 707 6135
Sincerely
� ` r 1�
.� ` � �
� � �, �
� Gregory J horpe Ph D Branch Manager
Pro�ect Development and Environmental Analysis
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NCDOT Permit Application Standard Distribution List
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WCDENR
North Carolina Department of Environment and Natural Resources
Division ol Water Qualiiy
BeveAy Eaves Perdue Coleen H.Suilins . Dee Freeman �
6ovemor � Director Secretary
October31,2011
Onslow County
NCD WQ Project No.2011093 I v.I
Piney Green Road widening(utilities)
` TIP No.U-3810
APPROVAL of 401 WATER QOALI7'Y CERTIfICATiON wilh ADDITIONAL CONDITlON5
Ur.Grcgory J.Thorpe,Ph.D.
Project Development and Gmirmunental Analysis
North�Carolina llcpartment of Transportation �
1598 Mail Service Center _
Kaleigh,A'orth Caroiina,27699-1548
Ucar Dr.Thorpc:
You have our approval, in accordance wi�h the co�tditions listed bclow, Car[he following impacts for the purpose of �
relocating utilities along Piney.Green Road in Onslow Coanty: •
.Wetland Impacts in the White Oak River Basin
Fiil "Pempnrary Ihcavation Fland Mechanized 'Potal WetlanJ �
Sitc Location (AC r511 ac nc) Clearin� (ac Clc•rrid ac Im ct ac
I -7�83�F�01 to 83�{-51 - - • 0.02 - 0.02
2 -L 83+34 to 85+59 - - - 0.24 - 01S
3 -Lr 85+02 to 88+2p - - - 0.27 - 0.27
4 -L 118+13 to 118+97 - - - 0.13 - 0.13
5 -L 165+G3 to 167+11 - - - 0.12 - 0.I2
GA -L 233+19 to 237�i-49 - - - 03 - 0.3
6B -Ir 240+11 to 242+32 - 0.02 0.02 0.05 - UA9
T07'AL: . 0 0.02 0.02 1.13 0 1.17
Totnl Wetl:md impact Por A•oject: 1.17neres.
The project shall be construc[ed in accordance with your application dated received October 20,201 l Nler
reviewing yuur application,we have dccidcd thut these impacts are covered by General Water Quality Certification
Number 3819. This certification wrzesponds[o Ihe Nationwide Permit t2 issued by�he CoTps of Engineers. In
addition,you should acquire any other federal,state or lucal permits before you procced with your project including
(but not limited to)Sedimen[and Grosion Control,Non-Discharge and Water Supply Watershed regulutions. This
approval will expire with the acwmpanying 404 permit.
This approval is valid solely for the purpose and design described in your apptication(unless moditied below).
Should your project change,you must notify the NCDWQ and submit a new applica[ioa If the property is sold,Ihe
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 filis for this project(now or in the future)exceed one acre,or of total
impacts to slreams(now oc in the fulure)exceed I50 linear feel,compensafory mitiga[ion may be required as
described in 15A NCAC 2H.0506(h)(6)and(7). For�his approval to remain valid,you must adhere to thc .
conditions lis[ed in the attached certification(s)and any addilional conditions listed below.
imnsportalian Percnifling Uni� ��C
7650 Mail Service Center,Ralegh,NoAh Camlina 276994650 N���Offf�T1�IlCc'lTO�llli�
Lowlbn:512 N.Salis6ury StreeL Ralegh,Nodh Carolina 27604 - /`/i7tf/Ni7lrj�/
Phane:919A07�69001FAX:919b07-6494 (/ YI�t� l4lt� ��
Intemet:htlp9/portal.ncdenrorglweblwq
- AnEqualOpporWnirylAffirmaliveAclionEmployer .
Conditions of Certification:
Project Specific Conditions
t. All clearing of vegetation for purpose of relocaling ovediead power lines wi[hin jurisdic[ional wctlands .
shall be perfmmed without the use of inechanized equipment.
2. This Certification only authorizes impacts associaled wi[h utility relocllions as submitted in the application .
� dated Octo6er l4,2011. When final design plans are completed for the�videning�of U-3810,a separxle 401
Water Quali�y Ccrlification applica[ion shnll bc submiflcd with five copics and appropriate fees to the NC .
Division of Watcr Quality. 7'he NCDWQ will not considcr such application a modification to this
certification. No construction ac[ivities rellted to Ihe widening which impact any wetlands,streams, �
surface waters,or buffers associated with U-3R 10 widening shall begin imtil aRer the permittce applies for,
and receives a written 401 Water Quality Cenifica[ion and the from the NCDWQ.
Ceneral Conditions
3. During the construction of lhe project,no staging of equipment of any kind is permilted in watcrs of Ihe
U.S.,or protected riparian bufiers. .
4. The Pennit[ee shall ensure that the final design drawings adhere lo Ihe permit and ro thc pennit drawings
submittcd(or approval.
5. Heavy equipment shall be operated from the bauks rather than in [he strcam channel in order to minimize
sedimentation and red�ce the introduction of o�her pollutants into the sheam.
6. All mechanized equipment operated nenr surface waters must be regularly inspected and maintained to
preven[conta�nination of stream waters from fuels,lubricants,hydraulic Fluids,or other toxic materials.
� 7. Sediment and erosion control measures shall not be placed in wetlands or watcrs unless otherwise approved
by this Certification.
8. "Phe permittee and its authorized agents shall conduct i[s activities in a manner consistent with State water
quality stanAards(including any requirements resulting from complianee with §303(d)of the Clean Water
Act)and any other appropriate requirements of Stale and Federal law. If the NCDWQ de[ermines Ihat such .
standards or laws ara not being met(iucluding ihe failure to sustain a designated or achieved use)nr ihat _ �
State or federal law is bcing violated,or Ihnt furlher conditions are necessary to assure compliancq Ihc
NCDWQ may reevaluate and modify tliis certification. �
9. The outside bufter,wetland or water boundary located within the construclion corzidor approved by this _
authori�ation 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.
10.The issua nce of this certification does not exempt Ihe Permit[ee from complying with any and all sta�u[es,
rules,regula�ions,or ordinances that may be imposed by other government agencies(i.e. local,state,and
federal)havingjurisdiction, including but not Iimited to applicable buffer ndes,srormwate�management �
rules,soil erosion and sedimenta[ion con(rol requirements,etc.
1 1.There shall be no excava tion from,or waste disposal into,jurisdic�ionnl wetlands or waters associated with �
this permit without appropria[e modification. Should waste or borrow sites,or access roads to waste or �
borrow sites,he loca[ed io wedands or strenms,compensatory mitigation will be required since that is a
direct impact from road construction activitics.
12.A cop y of this Water Quality Certification shall be maintained on the consiruction si[e at all times. In
addition,the Water Qualiry Certification and all subsequent modificutions, if any,shall be maintained with
the Division Bngineer and the on-site project manager.
13.The Ye rmittee shall repott any violations of Ihis ccrtification to Ihe Division of Water Quality within 24
hours of discovery.
14.Upon co mpletion of Ihe project(including:tny impacts�t associated bon�ow or waste sites),the NCD07' �
� Division 6ngineer shall complete�nd relurn ihe enclosed "Certificntion of Completion Fonn"to notit'y
. NCDWQ when all work included in the 401 Certitication has been completed.
If you wish to conlest any statement in[he attzched Certification you must file a peti[ion for an administrative
hearing. You may obtain the petition form fro�u the office of Adminisuative hcarings. You must file the petition
with the office of'Administrative Hearings wid�in sixty(60)days of rcceipt of this notice. A petition is considered
tiled when it is received in the office of Administntive Hearings during normal office hours. "Phc Office of
Administrative Flearings accepts rlings Monday�hirough I'riday betwecn the houis of 8:OOam and S:OOpm,except
for official state ho6days. The original and onc(I)copy of Ihe petition must be filed with�he Office of
Administrative Hearings.
'Phe petilion may be faxed-provided the original and one copy of the document is received by Ihe Office of �
Administrative Hearings within five(5)business days following the faxed transmission.
"I'he mailing address tor the Office of Administralive Hearings is:
Office of Administrative Hearings
6714 Mail Service Center . . � . �
Raleigh,NC 27699-6714
Telephone: (919)-733-2698,F'acsimile:(919)-733-3478
A copy of the petition must also be served on DENR as follows: _ �
Ms. Mary Penny Thompson,General Counsel
Department of Environment and Nafural Resources
1601 Mail Service Center
Ralcigh,NC 27699-1601
7'his letter complctes the revicw of the Division of Watcr Quality under Section 401 of the Clean Water Act. If you
have any questions,please contac[David Wainwrigh[at(919)807-G405.
Sincerely,
r�? ////tt �n/
F���,.! v�„____.�' V�'
y,� Colcen H.Sullins
d`"
Director
Cc: Brad Shaver, Wilmington US Army Corp District Office
S[oney Mathis,Division 3 Gnvironmenial Officer �
Chris Militscher, Environmental Protection Agency(electronic copy only)
Travis Wilson,NC Wildlife Resources Commission(electronic copy only)
Steve Sollod, Division of Constal Management
Mason Herndon,NCDWQ Fayetteville Regional Office
File Copy