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Home My WebLink About20151222 Ver 2_Approval Letter_20160321Water Resources ENVIRONMENIAL OVAUiY PAT MCCRORY c��e�-„�,� DONALD R. VAN DER VAART s«�em,�s� S. JAY 'LIMMERMAN Dn'C[ Inl' March 21, 2016 Dare County NCDWR Project No. 20151222 v.2 TIP B-2500 Phase I APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris, I]I, P.E., CPM Natural Environment Sec[ion Head Project Development and Environmental Analysis North Carolina Department of Transporta[ion 1598 Mail Service Center Raleigh, No�th Carolina, 27699-1598 Dear Mr. Harris: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing a 500 ft. long by 4.79 ft. high habitat enhancement structure in Patnlico Sound in Dare County: O en Water Im �acts in the Pas uotank River Basin Site Open Water Fill (ac) 1 0.06 The project shall be constructed in accordance with your application dated received February 19, 2016. After reviewing yoor application, we have decided tha[ these impacts are covered by General Water Quality Certification Number 3885. This certification corresponds to the Nationwide Permit 27 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local penni[s before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Suppty Watershed regulations. This approval will expire with [he accompanying 404 pennit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you mus[ notify [he NCDWR and submit a new applieation. If the proper[y is sold, the new owner must be given a copy of this Certifica[ion and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the fumre) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensarory mitigation may be required as described in I SA NCAC 2H .0506 Qi) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2E3.0259. For this approval to remain valid, you must adhere to the conditions Iisted in the attached certification and any additional conditions IisCed below. SlateoCNonh Camlino iGnvrtoninenlal Quality I W��er Resnumes 1617 Mail Service Center, Raleigh, Nonh Carolina 27699-1617 Phone�.919�807-6300 Condition(s) of Certification: l. 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) havingjurisdiction, including but not limi[ed 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 certification and to the drawings submitted for approvaL [ 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 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 work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no cirwmstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3) 5. Adherence to The Gtrlde[ines for Avoidrng Impacts to the Wes! /ndran Manatee: Precat�tronary Measures for Construction Activities rn North Caralrna Waters will be required throughout construction. 6. All mechanized equipment operated near surface waters must be regulady inspected and maintained to prevent contamination of s[ream waters from fuels, Wbricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 7. 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 s�rface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment conVol measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosron 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 Carolrna Sediment and Erosron Control ManuaL The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractoo-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 Ac[. 8. Sedimen[ and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] 9. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. 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 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, NCD W R may reevaluate and modify this certification. [ISA NCAC 02B.0200] 11. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ I SA NCAC 02B.0506(b)(2)] 12. Upon completion of the project (including any imp2cts at associated borrow or waste site), the NCUOT Division F,ngineer shall com�lete and return the enclosed "Ce�tification of Completion Form" to notify NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl] 13. A copy of this Water Quality Cenification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if zny, shall be maintained with the Division Gngineer 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 offlce of Administrative hearings. You must file the petition witl� 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 hows. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, excep[ for official state holidays. The original and one ( I) 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 documenf 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) 431-300Q Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resom�ces onder Section 40I of the Clean Water Act. If you have any questions, please contact Garcy Ward a[ (252)94G6481 or garcy.ward r�i ncdenr.gov. Sincerely, I � �' I ��i I �l 1%' / S. Jay Zimmerman, D�rector Division of Water Resoumes Attachments (Gcneral Certifications and Certiticate of Complction form) Electronic copy only distribution: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office Rodger Rochelle, NC Department of Transportation Chris Rivenbark, NC Depar[ment of Transportation Colin Mellor, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Gary Jordan, US Fish 2nd Wildlife Service Travis Wilson, NC Wildlife Resources Commission Clay Willis, NC DOT Division I Greg Daisey, DCM, Elizabeth City Cathy Brittingham, DCM, Raleigh Garcy Ward, NC DWR, Washington Regional Oftice File Copy Water Resaurres ENVIHONMEN IAl OUALITY NCDWR Project No.: County: Applicant: Project Name: Date of Issoance of 401 Water Qaality Certifcation: PAT MCCRORY � DONAI.D R. VAN DER VAART s«��•,��,� S. JAY ZIMMERMAN I)IfPclr)Y Certificate of Completion Upon completion of all work approved within the 401 Water Quality Cer[ification or applicablc Buffer Rules, and any subsequent modifications, the applicant is required to retum this certificate Co the 401 Transportation Permit[ing Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-I617. This fonn may be returned to NCDWR by the applicant, the applicanYs authorized agent, or tlie project engineer. It is not necessary to send certificates from all of these. Applicm+t's Cerlificntion I, , hereby state that, to the best of my abilities, due care and diligence was used in Ihe observation of the construction such that [he construetion �was observed [o be built wi[hin substantial compliance and intent ofthe 401 Water Quality Certification and E3uffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: AgenPs Certijleafian I, , hereby state that, to tlie best of my abilities, due care and diligence was used iu the observation of the construction such Ihat the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Signature: Eregineer's CerBJlcnlion Partial Final �, , as a duly registered Professional Engineer in the Sta[e of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, lhe approved plans and specifications, and other supporting materials. Signature Date Registration No. Slale o(North Corolina'�.Envimninenlal Qnaliiy I Wmcr Resoirtces 1617 Mail Service Center, Raleigh. Notlh Carolina 27fi9946ll