HomeMy WebLinkAbout20160474 Ver 1_Approval Letter_20160531;;
WatPr ResourCes
ENVIRONMENiAL GUALIIY
f�,���� ��1�:<'IcOKY
I)O�;;�I,l) R. V.�N [)I�;R Vrinit"I�
ti. JnY '1,IMMERMAN
May 31, 2016
Granville County
NCDV4'R Project No. 20160474
Industry Drive Sidewalks
TIP No. G5569
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Cheryl Hart, Planning Director
City of Oxford
Oxford City Nall
300 Williamsboro Street
Oxford, NC 27565
Dear Ms. Hart:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
sidewalk improvements on Industry Drive in Granville County:
Wetland Impacts in tfie Tar-Pamlico River Basin
Site Permanent Fill (acl Total Wetland im
----�----------------=------- �---- — ---
Tota!
0.01
Total Wetland Impact for Project: O.Ol acres.
Q.O1
The project shall be constructed in accordance with your application received May 10, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification 3886. This
certification corresponds to the Nationwide Permit 14 issued by the Co:ps of Engineers. In addition, you should
acquire any other federal, state or local permits befo�e you proceed with your project including (but not liniited to)
Sediment and Erosion Control, Non-Discharge and Water Suppiy 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 totai wetland fills for this project (now or in the future) exceed on� acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 1 SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in
the certification and any additional conditions listed bel�w.
Conditions of Certification:
1. 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 v✓aters due ia the potentiai for ele.ated pH anci pessibie aquatic iife and fish kills. [ 1�A NCAC G1B.02U0]
State of North Caro':ir.a le nvironmental Quality I Water Resour�es
1617 Mail Service Center, Raieigh, P�orlh Carolir�a 27699- i61 i
Fhone:9'9-BG7-6300
2. 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)1
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)]
4. All work in or adjacent to �tream �vaters shall bP conducted �n a dry wark area. Approved BNIP measures from
ihe most current version of I�CDOT Censiructioa and Maintenance Eictivities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0505(b)(3) and (c)(3)]
5. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, 1•abricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equi�ment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. 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(dl 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]
8. 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 on-site project
manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. The outside buffer, wetland or water boundary located within tbe construction corridor approved by this authorization,
�ncludin� all n�_n,-cnmmercial bnrro�N an�? waste sites asso�iared �ui±h the prejec±; shall be clParly m�rked �y hi;hly
visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise
authorized by this certification. [15A NCAC G2H.0501 and .05�2]
10. 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 federalj having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil eresion and
sedimentation control requirements, etc.
11. The Permittee shall report any v:olations of this certification to the Division of V�Izter Resou: ces �vithin 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
12. Upon completion of the project (including any impacts at associated borrow or waste sitesl, the project manager
shall complete and return the enclosed "Certi ication of Completion Farm" to notify the NCDWR when all work included
in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
13. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by
the end of tne growing season following completion of construction. [15A NCAC 02BA�G6(b)(2)]
14. There shall be no ex_cavation 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
loczted in wetlands or streams, �ompensatory mitigation will be required since that is a direct impact from road
construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)
15. 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 [l5A N�;AC 02H.0506(b)�3? ancl(c)(3):
a. T'he 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 und 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. T'he devices shall be maintained on all construction
sites, bonow 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, instalied, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reciamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
16. Sediment and erosion control measures shall not be placed in wetlands or waters unless oth�rwise approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)
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 Heazings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, 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 mailing address for the Office of Administrative Hearings is:
Office ef Aciministrative Hearinus
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. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
T'his 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 Rob Ridings at 919-707-8786.
Sincerely,
�� a
S. y Zimme n, Director `
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
File Copy
Water Resources
ENVIRONMEN �.4L OU/�LIT Y
NCDWR Project No.:
Applicant:
Project Name:
Date of [ssuance of 401 Water Quality Certification:
COUIItj':
I'�\ I \1��! K��ItI"
UON;11,1) It �'�11� I)I'1: A�'_1.111'I�
ti. JAY "I.IMMI�:RMAN
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification 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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be rctu:red to NCJ�'JR �y the upplicant, the applicart's auth�rize� agent, or thz projeci ,;ngireer. [t is not
necessary to send certificates from all of these.
Applicant's Certification
I, , 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, the approved plans and
specifications, and other supp�rting materials.
Sig��aiure: Da�e:
Agerrt's Certijtrutian
I, , hereb}� state that, to the best ef 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, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Finai
I, , as a duly registered Professional Engineer in the State 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 �ertification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
State of North Ca:olma',6mirenmental Qualiry I Waie: Resources
1S i7 bSaii S2rvice Center, Rale�ah, North Carolina 2; 699-1617