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HomeMy WebLinkAbout20210977 Ver 2_Approval Letter_20211014 DocuSign Envelope ID:0A264DEE-BBCA-436E-BC08-C6CC210D9D37 e` i tri ROY COOPER 14, Governor r ' ELIZABETH S. BISER Secretary • a'^" * 11 S. DANIEL SMITH NORTH CAROLINA. Director Enie ranrnent&l'Qualityy October 14,2021 Dare County NCDWR Project No.20210977 v.2 Ocean outfall No.4 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr.Paul Williams NCDOT Division 1 113 Airport Drive 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 making repairs to Ocean Outfall No.4 near MP 12.2 near Conch Street in the Town of Nags Head in Dare County: Open Water Impacts in the Atlantic Site Temporary(ac) Outfall#4 0.12 temporary impacts for dewatering The project shall be constructed in accordance with your application dated received May 26,2021,and revised application received September 15,2021. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4132. This certification corresponds to the Nationwide Permit Number7 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 300 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0714.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)] -"01Q North Carolina Department of Environmental Quality Division of Water Resources •_ 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 134• "`� 1"°�� 919.707.9000 DocuSign Envelope ID:0A264DEE-BBCA-436E-BC08-C6CC210D9D37 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. If activities must occur during periods of high biological activity(e.g. sea turtle nesting,fish spawning,or bird nesting)then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H.0506(b)(2)and 15A NCAC 04B .0125] 5. 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)] 6. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H.0506{b)(3) and(c)(3)and 15A NCAC 02B.0200] 7. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements of the NCG01000. 8. 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] 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. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)] 11. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division Engineer shall complete the"Certification of Completion Form"to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 12. 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(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 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 through Friday 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. -- QJ North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699 1617 �`�"�`�"•_ °�� 919.707.9000 DocuSign Envelope ID:0A264DEE-BBCA-436E-BC08-C6CC210D9D37 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 of 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: Mr.Bill F.Lane,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)948-3917 or garcy.ward@ncdenr.gov. Sincerely, ,-DocuSigned by: s•--9C9886312DCD474.. a.Lauici aiium,imc�ior Division of Water Resources Electronic copy only distribution: Kyle Barnes,US Army Corps of Engineers,Washington Field Office Greg Daisey,NC Division of Coastal Management Cathy Brittingham,NC Division of Coastal Management Garcy Ward,NC Division of Water Resources Washington Regional Office File Copy . North Carolina Department of Environmental Quality Division of Water Resources •_% 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 134•` 1"NMI. 1"°m. 919.707.9000