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Home My WebLink About20161221 Ver 1_Approval Letter_20170324Environmental Qualr[y March 24, 2017 Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Projec[ Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 ROY COOPER r;arrrnor MICHAEL S. REGAN .Se�,�i�mrr S. JAY ZIMMERMAN nDrc rnr Subject: 401 Water Qualiry Certitication Pursuant to Section 401 ofthe Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements along NC I 1 from west of SR I 130 (Modlin Road) to east of NC 1 I/SR 1213 (Old NC I 1 Road) in Hertford County, TIP R-531 lA. NCDWR ProjecWo.20161221 Dear Mc Harris: Attached hereto is a copy of Certification No. 004109 issued to The North Carolina Department of "Cransportation (NCDOT) dated Mazch 23, 20I7. If we can be of further assistance, do not hesitate to contact us. Sincerely, C� � U_ . �� S. Zimmerman, Director Division of Water Resources Attachments Electronic copy only distribution: Bill Biddlecome. US Army Corps of Engineers, Washington Field Office Clay Willis, Division I Environmental Officer Rodger Rochelle, NC Department of Transportation Chris Rivenbark, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Emironmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Cathy Brittingham, NC Division of Coas[al Management Greg Daisey, NC Division of Coastal Management Beth Harmon, Division of Mitigation Services Garcy Ward, NC Division of Water Resources Washington Regional Office Pile Copy - ""'Nathing Campares _- � State of North Carolina I Environmental Qualiry I RI7 Mail Sernce Cemer � Raleigh. Nonh Carolina 27699-1617 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 NCDOT to impact 12.64 acres of jurisdictional wetlands, in Hertford County. The project shall be constructed pursuant to the application dated received December 9, 2016. The authorized impacts are as described below: Wetland Im acts non-riverine in the Chowan River Basin Site Fill Fill Excavation Mechanized Hand Total Wetland (ac) (temporary) (ac) Clearing Clearing Wetland Impacts (ac) (ac) (ac) Impact (ac) Requiring Mitigation (ac) 1 0.74 -- 0.15 0.03 0.11 1.03 0.92 � <0.01 -- -- -- 0.086* 0.086 -- utilities 2 0.45 -- 0.08 0.09 0.01 0.63 0.62 2 <0.01 -- -- -- 0.264" 0.264 -- utilities 3 -- -- -- -- 0.02 0.02 -- 3 <0. 01 -- -- -- 0.011 * 0.011 -- utilities 4 3.84 -- 0.17 0.28 0.18 4.47 4.29 4 <0.01 -- -- -- 0.296* 0.296 -- utilities 5 0.77 -- 0.13 0.02 0.08 1.00 0.92 6 0.61 -- 0.33 0.13 0.02 1.09 1.07 7 2.44 -- 0.03 0.29 0.03 2.79 2.76 8 0.17 -- 0.12 0.04 0.05 0.38 0.33 9 0.25 -- 0.16 ' 0.15 0.01 0.57 0.56 Total 9�27 '- 1.17 1.03 1.167 12.64 11.47 Total Wetland .Impact for Project: 12.64 acres. * Utility hand clearing impacts for maintained utility easement The application provides adequate assurance that the discharge of fill material into wetlands in the Chowan River basin in conjunction with the proposed development 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 December 9, 2016. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. Condition(s) of Certification: Compensatory mitigation for impacts to 11.47 acres of non-riverine wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated October 14, 2016 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. 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. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements of the NCGO1000. 4. The Permittee shall ensure that the fmal 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)] 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. 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)] 8. Sediment 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. 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 [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The 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 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, borrow 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, 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 Act. 10. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225] 11. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a concern, shall not be buried. These pipes shall be installed at natural gound elevation. [15A NCAC 02H.0506(b)(2)(3)] 12. 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)] 13. 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)] 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 15. 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] 16. 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)] 17. 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 notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�] 18. 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 Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. 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 Hearings 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. 7'he petition may be fa�ced-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 af Adminishative Hearings 6714 Mail Service Center Raleigtt, 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, Ge�enl Counsel Departrnent of Env'vonmental Quality 1601 Mail Service Center This the 24rd day of March 2017 DIVISION OF WATER RESOURCES S. Jay Zimmertnan, Director � � � WQC No. 004109 Environmen tuI Quoliry NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER c<>,��,,,,�. MICHAEL S. REGAN k�n�r��n�r S. JAY ZIMMERMAN r)lrrcr„r Certifica[e of Completion Upon comple[ion of all work approved within Ihe 401 Wa[er Quality Certitication or applicable Buffer Rules, and any subsequent moditications, the applicant is required ro remm this certificace to the 401 Transportation Permitting Unit. North Carolina Division of Warer Resources. 1617 Mail Service Center, Raleigh, NC, 27699-I617. This form may be rewrned to NCDWR by [he applican[, [he applicant's authorized a�ent, or the projec[ eneineer. It is not necessarv to send certitica[es from all of these. ApplicanPs Certificalion I, , hereby state that, to the best of my abilities, due care and dili�ence 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 Wacer Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agen/'s Cenifrca�ion I, , hereby s[ate [ha[, to [he 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 [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and o[her supporting materials. Sienature: Engineer's Cer�ifieafiori Partial Final I, , as a duly regis[ered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, fu0 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 Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Si�nature Re�istration No. �'Nothing Compares ':_ _. Sta[e of Nonh Carolina I Environmental Quali�y 1617 Mail Strvlce Cenrer I Rzleigh. Norlh Carolina 27699-16i 7 Date