Loading...
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