HomeMy WebLinkAbout20210248 IC approval letterDocuSign Envelope ID: 8B356A5B-7B96-4E22-938C-024B8ACF3FOF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Corey Gooden
Town of Edenton
P.O. Box 300
Edenton, NC 27932
NORTH CAROLINA
Enlri'ronmertfrrl Qualify
September 8, 2022
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed improvements to the Northeastern Regional Airport in
Chowan County.
NCDWR Project No. 20210248
Dear Mr. Gooden:
Attached hereto is a copy of Certification No. WQC005054 issued to The Town of Edenton dated September 8,
2022.
If we can be of further assistance, do not hesitate to contact us.
cc:
Sincerely,
DocuSigned by:
*4 ,(�
R1crTiarc�' ° ogers, Jr., Director
Division of Water Resources
Anthony Scarbraugh, US Army Corps of Engineers, Washington Field Office
Corey Gooden, Town Manager, Town of Edenton, corey.gooden@edenton.nc.gov
Rick Trone, WithersRavenel, rtrone@withersravenel.com
File Copy
D— E North Carolina Department of Environmental Quality I Division of Water Resources
n« �� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 8B356A5B-7B96-4E22-938C-024B8ACF3FOF
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the Town of Edenton to impact 0.19 acres of wetlands in
Chowan County. The project shall be constructed pursuant to the application dated received July 28, 2022. The
authorized impacts are as described below:
Wetland Impacts in the Pasquotank River Basin
Site
Wetlands Permanent ac
Wetland A
0.19
The application provides adequate assurance that the discharge of fill material into wetlands and waters of the
Pasquotank River Basin in conjunction with the proposed activity will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will
not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received July 28,
2022. Should your project change, you are required to notify 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one -tenth acre or 300 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (c).
For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
Condition(s) of Certification:
1. This Certification is associated with the Nationwide 14 permit issued by the Corps of Engineers.
2. 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.
3. 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)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 8B356A5B-7B96-4E22-938C-024B8ACF3FOF
4. Mitigation must be provided for the proposed impacts to 0.19 ac of wetlands. The Division has received an
acceptance letter from the Hidden Lake Mitigation Bank dated July25, 2022 to meet this mitigation
requirement. Until the Hidden Lake Mitigation Bank receives your payment, and proof of payment had been
provided to this Office, no impacts specified in this Certification shall occur. This Certification authorizes
payment to the Hidden Lake Mitigation Bank to meet the compensatory mitigation requirement. [15A NCAC
02H. 0506 (c)]
5. 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]
6. 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)]
7. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of
the floodway that may result in destabilization of streams or wetlands.
8. All work in or adjacent to 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. 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)]
10. 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)]
11. 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]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the
NCDOT Sediment and Erosion Control Manual.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-1, WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), thenthe
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and
(c)(3); GC 4135]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 8B356A5B-7B96-4E22-938C-024B8ACF3FOF
12. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of
the top of bank without prior approval from DWR. [ 15A NCAC 02H.0506(b)(3) and (c)(3)]
13. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [ 15A NCAC 02B.0201 ]
14. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design
and placement of temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the
above structures. All sediment and erosion control devices shall be removed from wetlands and waters
and the natural grade restored within two (2) months of the date that the Division of Energy, Mining and
Land Resources (DEMLR) or locally delegated program has released the specific area within the project.
[15A NCAC 02H.0506(b)(3) and (c)(3)]
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All
rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and
maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or
banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage.
[ 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
16. 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.0506(b)(2)]
17. 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]
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. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [15A
NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA permit. Please be aware that impacting waters without first applying for and securing the issuance of a 401
Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title
15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction
or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code
of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or
coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143-
215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 211.0500. Title 15A NCAC 211.0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 8B356A5B-7B96-4E22-938C-024B8ACF3FOF
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This the 8' day of September, 2022
DIVISION OF WATER RESOURCES
DOCUSigned by:
D.wua Cvlipwuun
9C9886312DCD474...
Richard E. Rogers, Jr., Director
WQC No. 005054
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000