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Home My WebLink About20180156 Ver 1_Approval Letter_20180323£nvironmental Quality ROY COOPER r;,nr,�n„r MICHAEL S. REGAN �,-�,,•i��„ LINDA CULPEPPER lntri�int llir: r�nr March �3, ?018 Dare County NCUWR Project No. �0180156 TIP R-iT8 APPROYAL of �01 WATER QUALITI' CERTIFIG4TION with .4DUITIONAL CONDITIONS Mr. Cla� N'illis NCDOT, Division I I IS Airport Drive Edenton, NC ?793_' DearMr. Willis: You have our approval, in accordance with Ihe condilions listed below, for the following impacts for the purpose of road im�rovements to SR I?08 ( West liitty Hawk Rd) and Ihe replacemeN of Bridgz Number 40 over Jean Guite Creek in Dare Counrv: Wetland and Stream Im acts in the Pas uo[ank River Basin Coaslal qpq Coastal AO-1 WeUand Streams Site Wetland We[land N'clland Flxnd permanent Fill (nc) Fill (ac) Hand Clraring Clcaring (ac) (I� (ac) I -- 0.005 -- 0.015 q ' -- OA02 -- 0.026 -- 3 -- OA024 -- 0.017 -- 4 0.0?0 -- 0.011 -- -- 5 0.006 -- 0.016 -- -- 6 0.006 -- 0.010 -- 6 7 -- 0.004 — -- -- 8 -- 0.0018 -- 0.017 -- 9 -- 0.0018 -- 0.009 -- Total 0.032 0.017 0.037 0.084 10 Total O.Oa9 0.121 Net Toial 0.17 10 The projcct shall be constructed in accordance with your application dated received January 31. 2018 and additional information received March 33, 3018. Aftcr reviewin, your application, we have decided that these impacts are covered by General Water Quality Certification Num6ers dI33 and d135. These certilications correspond [o ihe Nationwide Permits 12 and 14 respectively issued by thr Corps of L`ngineers. In addition, you should acquire any other federal, state or local pennits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed reeulations. This approval H�ill expire with the accompany ing -104 pem�it. This approval is valid solely for the purpose and design described in your application (unless moditicd beloµ'). 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 wpy ofthis Cenificaiiun and approval letter, and is thereby rzsponsible for complying with all [he cunditions. If �otal wedand fills for this project (now or in the future) esceed one acre, or of �otal impacts to streams (now or in the future) exceed 300 linear feet. compensarory mitieation may be required as described in I SA NCAC?H .Oi06 (h) (6) and (7). Additional bufler impac[5 may require compensatory miti�,ation as described in I iA NCAC 3B.0259. For this approval to remain valid, you must adhere [o the conditio�u listed in the a[tached certification(s) and anv additional condi[ions listed below. S¢rtc ol Vonh C:rto6na I Ilmirnnmental Qunlin I �:17 M11ail Sznim Center I Raler�h. North Carolina'7h94-161 � Condition(s) of Certification: 1. 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. 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)] 3. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted between February 15 and September 30 of any year, without prior approval from the NC Division of Water Resources and the NC Wildlife Resources Commission. In addition, the permittee shall conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times. 4. 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 wil] be required. [15A NCAC 02H.0506(b)(2)] 5. 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] 6. 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. [ I SA NCAC 02H.0501 and .0502] 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. 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)] 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. 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)] 11. 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)] 12. 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)] 13. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)] 14. 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 Caro/ina Sediment and Erosion Control Manzral. 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 Sujface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 15. 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] 16. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)] 17. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 18. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements ofNCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 19. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 20. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3) 21. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3) 22. Heary 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)] 23. 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)] 24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 25. 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] 26. 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)] 27. 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(fl] 28. 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)] 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. 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 of Administrative Hearings 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. Bill F. Lane, 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, c�� Y Linda Culpepper, Interim Director Division of Water Resources Electronic copy only distribution: Kyle Barnes, US Army Corps of Engineers, Washington Field Office Greg Daisey, NC Division of Coastal Management Cathy Brittingham, NC Division of Coastal Management Garcy Ward, NC Division of Water Resources Washington Regional Office File Copy En viron men ta I Qualiry NCDWR Project No.: Applicanl: Projecl Name: Date of Issuance nf -101 Water Quality Certification: County: ROY COOPCR r;��,�e,,,,,,� MICFIAEL S. REGAN ti,, , r�,., LINDA CULPEPPER n,r��, �,» i o,�«��, Certificate of Completion Upon comple[ion of all work approved µ�ithin the 401 Water Quality Certification or applicable Buffer Rules', and am subseyucnt moditicatiuns, the applicant in required to return this cenificate to the 401 Transportation Permitting Unit. North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei;h, NC. 27699-16U. il�is form may be retumed to NCDWR by the applicanY. �he applicant's au[horized a,en[, or Uie prqject engineer. It is not necessarv [o send certificaMs from all of Ihese. .4pplicm�!'s Cerliftcntinn I. , hereb} state thai, to �he best of m�- abilities, due care and dilieence was used in the observa�ion of tlie construction such tha� the cons�ruction was observed tu be buih wi�hin subs[antial compliance and in[eni of the 401 Water Qualiq� Certitication �nd Buffer Rules, the approved plans and specifications, and other supporting marerials. Sionature: Da[e: .agent's Cerlifrcnlio�r I. , hereby state that, to the bcst of my abilities, due care and dili_ence was used in the observation ofthe construction such tha� thc consvuction was observed ro be built �ithin substantial compliance and inteni of Ihe 401 Water Quality Cenilica�ion and Buffer Rules, the approved plans and specitications, and other supportin� materials. Sienaaire: 67tgireeer'ti Cerfifica/imt Panial Pinal Date: I, , as a dtdy regis'terzd Professional Engineer in the S[ate of Nor[h Carolina, having been authorized �o obs'erve (periodically, weekly, full time) the cunstruction uf Ihe project for thz Permittee hereby state that. to the best of my abili[ies, duc care and dilieence was used in die obscrvation of the construction such thal the construction was obszrved ro be built �vithin substan[ial compliance and intent of the 40I W'ater Qualit}� Certification and Bufler Rules, the approved plans and specifications. and other supporting materials. Signature Date Reaistration No. Swtt uf Nurth CnruLn',� I Hmunnmtntal Quulil} I�+I � Mad Sen me Ccnicr I Rulei�h. Nnnh Curnlina'_7n)9-I nl "I