HomeMy WebLinkAbout20160938 Ver 1_Approval Letter_20161003; ;:
Water Resources
ENJIRONMENTAL OUALITY
PAT MCCRORY
DONAI�D R. VAN DF,R VAART
S'c:�rc(ar,,.
S. JAY LIMMERMAN
Octoner 3, 2� 15
H; de County
NCDWR Project No. 2G160938
Shoreline Stabilizat:on NC 94
EiPf'ROVAL of 40I WATER QUALITY CEL2T3FiC�TI01\' with ADDI'i'IOi�1AL COIYDITIONS
Mr. Paul VVilliams
NCDOT, Division One
113 Airpart Drive, Suite 100
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
shoreline stabilization along the portion of NC 94 on the Lake Mattamuskeet causeway in Hyde County:
� er. Water Im azts in the Tar-Pamlica River t3asin
Site � Gpen Water I
I, �'itl (acl �
i.A-- --; .02 � ---- --I
r— B_— .004 �
C .02
D .028
i E _ .Ol 1 _
I—
Total .087
The preject shall be constructed in accordance with your e-mailed application received Au�ust 4, 2016 and
additional information received September 21, 2016. Afier reviewing your application, we have decided that these
impacts are covered by General Water Quality Certification Number �885. This certification corresponds to the
Regional General Permit 198000080 issued by the Coms of Engineers. In addition, you should acquire any other
fecieral, �tate o� loca� perr►;ts'uefore you prc;c�ed w�ith yau; praject includiiig (but uat limit:,d to) Sediment anci
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accomnanying 404 permit.
This appioval is vaiid solely for the pur��ose and desigr� describea ir your appiication (unless moditie�i below).
Shuuld your project change, you must notif; the NCUV1�'R anc'i submit a i�ew appiication. If the nr��pe�ty is sold, the
rle/� C�v�1lF.[ iT��l�r fi� �IS'Zi1. n l;G��}' O� till� i,i, �lrl�it[�Oii �:1Ci ��.(ij)'U:'�i i�Ci<'C, atiG I� i�:€lCrj' �`E,S�)lill���l� fc�r co���,}yir��
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 150 linear feet, compensatory mitigation may be required as
�es�iibed �r ! 5:� A!i AC 2H G�GS �h) i�) a:►u �7). F��r• ti�is ����rev�l t�� ren�ain .�a�id, 4au Fnus! acihere i�� ti��
c�rd;ti���s liste� in t7e a:tavFec� ceiiificat:an(s; and a:}� zcicfit=:ona� c�cd;'tio�s (istPd'�e�ow.
Stat� ef NarJ� Carulina jCu:^.mmr:;,nta1 Qiluli�y I t,�Jater Resa:s�es
?517 Maii Servi�a, rxnrec Raleign, �oAh Carniii�a >7699-16 i i
FfiGpc.. q�;�_�;)]_,ci,j:��
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) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
2. T'he P�.�-mi�ee shail ensure tha± the iiral design �rawings a�here to ±h� �ermit and to ih� per:lit d.rawings
suornitizd for �pproval. �15A i�TCAC G2H .t���7(c) and 1�A �,�C��� 02H .0506 �b)(2'� aiid (e)(2)]
3. Dt:ring the constrzction of the project, no staging of equipment of any k:nd is pP:mitted in waters of the
ti.S., or protected riparian buffers. [15A NCAC 02H.U506(b)(�)]
�. All mecr�anized equipment operated near surface waters mus± be regularly inspected and maintaine� to
prevent contaminakion of stream waters from fuels, lubricants, hyc�raulic fl uids, or other toxic materials. [ l SA
NCAC 02H.G506(b)l3)]
5. Erosion and sediment control practices must be in full compliance with all specificatiens governing the proper
design, installation ancl operation and maintenance of such Best Management Practices in order to protect
s,u�fac� water:� standards [15A NCAC 02H.0506(b)(3} and (c)(3):
a. The erosion and sediment control measurec ior the project must be designed, installed, opera'red, and
maintained in accordanae with the most recent version of the North Carolina Sediment and 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. The 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 conirol measures must be designed, installed, operated,
and mai.ntai�ed in accordan�e wit[� the most r�cent version of the North C�rolina Surf�ace Min#ng
t?1�nasal.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
�?:e :eqaire:r:ents c�f the Sedimen;ation pcllution Con�rot Act.
6. Vb'here placem�nt of sediment and erosion contrr,l clevices in wetlands and/c�r waters is unavoidable, trey shall
be removed and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and
(c)(3)
7. Erosior, ceniral matting in riparian areas shall not contain a nylon m.esh grid which can impinge and
entrap s.na�l anirr,als. Matting sl:ould be sectired in place by siaples, stakes, or w�erever possible live
stakes of native ri•ees. Riparian areas are defined as a distar.ce 25 feet from top of stream batilc. [ 15�
NCAC 02B.0224, .0225]
8. Th� permittee ar.d its authorized agents shall conduct its activities in a manner c�nsistent with State water
quality standards (including any requirements resulting from compliance with §30?(d) af the Clean �Nater
Act) and ary other a�propriate re�uirements �f State and Federal law. If the NCBVVR determir�es that such
stand,� ds ar laws ar� aot bei_ng rnet (including the failure to sustain a designated or achie rec3 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 tnis certification. [15A NCAC 02B.02001
9. The Pe�-mit±ee shall report any violations of this certification to the Division of Water Resources within 24
:�ou:s of �iscovery. �15A NCAC 02B.0506(b)(2)]
i�. � copy cf this `,�Jater Quality �ez-ti�icatiar� s,�atl Ue ma;ntained on ihe coiist: action �i�e at al. tir.•�es. i� auui�ion,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manag�r. [15A NCAC 02H .0507(,c) and 15A NCAC 02H .0506 (b)(2) and
� v�}�2)�
11. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notifj+the
NCT�WR when all work included in the 401 Certification has been completed. (15A NCAC 02H,0502(�] a
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 cf this notice. A petition is considered
fileri when it is received in the office of Administrative Heazings during normai affice hours. The �ffice 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 (�) copy of the petition must be filed with the Office of
Administrative Heazings.
T'he 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:
Of�ice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel�phone: (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
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) 946-6481 or garcy.ward@ncdenr.gov.
Sincerely,
,�� ,
S. Ja immerman, irector
Division of VVater Resources
Electronic copy only distribution:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Clay Willis, Divisionl Environmental Officer
Gazcy Ward, NC DWR, Washington Regional Office
File Copy
Water Resources
ENVIRONMEN7AL OUALITY
NCDWR I'roject No.:
Applicant:
Project Name:
Date oi issuance of 4fii Water tluaiity Certification:
CoUnty:
PAT MCCRQRY
[)ONALD R. VAN DER VAAR`I'
,. _ � �<,,, �
ti. JAY IIMNIF,RMAN
Certificate of Completion
Upon completian of al� work approved within the 4G1 Water Quality Certificarion or appticable B«ffe� Rules, and
QI?�'' SUUS2aUERt TT1G�1 �catiaiis, the applicant is required to return this certifcate to the 40i Transpertation Permitting
r ' `' ' "'` Resaurces, ; 61? Mail Service Cent�r 2alcigh, NC '"�99-' 61'' T'�is fo:.n
Ln:t, :�orth ..ar�lins Divis�:,r o� J� a�er , , � , � � , . ,
may be returned to iv'CDWR by the appiicant, the applicant's authorized agent, or the project engineer. It is not
r.ecessary to ser.d certit:caTes �-om a!1 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 �n+ent of the 40l Water Quality Certi_fication and Buffer Rules, the anproved pl�n� and
specifications. and other supporting materials.
�i��iatJ: C; L3iC:
Agent's Certijiration
I, , hereby state that, to the best of my abilitizs, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance an� intent of the 4�J i Wate: Qualiry� Certification ar,d Buffe: Rules, the app:oved ,�:ar.s zn�
spec;fications, and otner supporting ma�erials.
Signature: Uate:
Engineer's Certificution
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, naving been authorized to observe (periodically; weekly, full time) ihe 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 constru�tion was obse�ved to 'ue built within su�stantial corupliance and intent of the 401
Water Quality Cer�ification and Buffer Rules, the approved plans and specifications, and othzr supporting materials.
Signature Reg�stration No.
Date
S�at� of Nnrh Carolina !L•muei;menta' (lusliq I W'ater k�:,cwces
1617 h'ail Seraic2 Cente�, Rai2iyh. No�1h �arolina 27699-to1'
Phnoe 514-BO?-5300