HomeMy WebLinkAbout20170951 Ver 1_Approval Letter_20170814ROY COOPER
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MICHAEL S. REGAN
1�rirrrm�r
Envrronmc�ntal S. JAY ZIMMERMAN
Direnor
QualiY}
August 14, 2017
Onslow County
NCDWR Project No.20170951
SR 1316
TIP W-5601A
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Anneliese Westphal
NCDOT, Division 3
5501 Barbados Blvd
Castle Hayne, NC 28429
Dear Ms. Wes[phal:
You have our approval, in accordance with the conditions listed below, for the following impacts for the porpose of
improving the safety of the road by widening Ihe shoulder wid[hs and improving the curve radius in Onslow County:
Site
Total
O en Wa[er Im �acts in the New Niver 6asm
Station Permanent Fill in Temporary Fill in
(From/To) Open Waters (ac) Open Waters (ac)
L 21+55 0.01 0.002
0.01 0.002
Total Open Water Impacts : 0.012 acres.
Total Fill in Open
Waters (ac)
0.012
0.012
The project shall be constructed in accordance with your application dated received Augus[ 2, 2017. After
reviewing your application, we have decided that these impacts are covered by General Wa[er Quality Certification
Number 4088. This certification corresponds to the Na[ionwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited [o) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with [he accompanying 404 permi[.
This approval is valid solely for Ihe purpose and design described in your application (unless modified below).
Should your projec[ chan�e, you must notify the NCDW R and submi[ a new application. If [he property is sold, the
new owner mus[ be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total weUand fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you mus[ adhere to the
conditions listed in the attached certification and any additional conditions listed below.
`��Nothinq C��mpares - �
Stale o(North Camlina I F,nvironmental Quality
1617 Mail Service Center � Raleigh. IJonh Carol ina 27699-I 617
Condition(s) of Certification: •
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to
the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. 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 waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B.0200] .
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. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. 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
��)�2)� �
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. 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)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
.certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. 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) ofthe 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]
13. All fill slopes locat�d in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authoriz��`by this certification. [15A NCAC 02H.0506(b)(2)]
14. 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 1SA NCAC 02H
.0506 (b)(2) and (c)(2)]
15. 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]
16. 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.
17. The Permittee shall�,�eport any violations of this certification to the Division of Water Resources within
24 hours of discovefy: [15A NCAC 02B.0506(b)(2)]
18. 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
o2x.oso2( fl�
19. 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
02H.0506(b)(2)]
20. There shall be no excavation 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 located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sedime�►t control practices must be in full compliance with all specifications governing the
proper design, insta�lation and operation and maintenance of such Best Management Practices in order to
protect surface wat��s standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion an�1; 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, insfallation, 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish ro contes[ any s[a[ement in the attached Certification you must file a pe[ition 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 receip[ of this notice. A pe[ition 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 (I) copy of the petition mast be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the documen[ is received by [he 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 Adminis[rative 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 Emironmental 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 con[act Joanne Steenhuis at (910) 796-7306 orjoanne.steenhuis@ncdenr.�ov.
Sincerely,
i ',
r
��`� � . ���,"�� ,
S. Jay ZTmmerman, Di�ector
Division of Water Resources
Elec[ronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Hemdon, Division 3 Environmental Officer
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
S[ephen Lane, NC Division of Coas[al Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
Envirunmentul
Qualitt�
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gorrr�,or
MICHAEL S. REGAN
�«�,�<«r�,�
S. JAY ZIMMERMAN
ur����c��„�
Certificate of Completion
Upon completion of all work approved wi[hin the 40I Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certiflca[e to the 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resourees, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be re[urned to NCDWR by [fi@applican[, the applican['s authorized agent, or the projec[ engineer. It is not
necessary to send certificates from all of these.
ApplicanPs Cer[ification �
I, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observation of [he wnstruc[ion such that [he 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 o[her supporting materials.
Signature: __. Date:
AgenPs Cer/ifreation
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the consVuction was observed to be built within substantial
compliance and intent of the 401 Warer Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre:
Engineer'.s Certifieation
Partial Final
I, , as a duly re�istered Professional Engineer in the State ofNorth
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby sta[e that, to the best of my abilities, due care and diligence was osed in the observa[ion of the
construction such tha[ Ihe construction was observed to be buil[ within subs[antial compliance and intent of the 401
Wa[er Quality Certification and Bµffer Rules, [he approved plans and specifications, and other supporting ma[erials.
Signature
Date
Regishation No.
d
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'"Nottiing Compares — _
� State of North Carolina I Envimnmental Quality
1617 Meil Servlce Center I Raleigh, North Camlina 2 7699-1 6 1 7