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HomeMy WebLinkAbout20180654 Ver 1_Approval Letter_20180619ROY COOPER a<» �er,u,r MICHAEL S. REGAN Seeretro�r Environmenfu( LINDA CULPEPPER QUQILLy ln�rriiu Dfrr�'�or June 19. 2018 Washington County NCDWR Project No. 20180654 Plymouth Municipal Airport APPROVAL oPA01 WATER QUAUTY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Curtis Potter P.O. Box 1007 Plymouth, NC 27962 Dear Mr. Potter: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of making improvements to the Plymouth Municipal Airport (PMZ) in Washin�[on County: Wetland and O�en Wa[er Im acts in the Roanoke River Basin Site Wetland Fill (ac) Open Wa[er ac PMZ 0.13 03 The project shall be constructed in accordance with your application da[ed received April 24, 2018. After reviewing your application, we have decided that these impacts are covered by General Wa[er Quality Certification Number 4135, This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addi[ion, you should acquire any other federal, stare or local permits before you proceed with your project including (bu[ no[ limited to) Sediment and Erosion Con[rol, Non-Discharge and Water Supply Watershed regula[ions. This approval will expire wi[h the accompanying 404 pemiit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submi[ a new application. If[he proper[y is sold, the new owner must be given a copy of this Certification and approval letter, and is [hereby responsible for complying with all the conditions. If total wedand fills for this project (now or in the future) exceed one acre, or of ro[al impacts to streams (now or in the fuwre) exceed I i0 linear fzet, compensatory mitigation may be required as described in I SA NCAC ?H .Oi06 (h) (6) and (7). Addi[ional buffer impacts may require compensatory mitigation as described in I SA NCAC 26.0259. For this approval to remain valid, you must adhere to the conditions lisred in the anached cenification(s) and any additional wnditions listed below. Condition(s) of Certification: lhe issuance of this certitication does not exempt the Permittee from complying with any and aIl statutes, rules, regulations, or ordinances [hat may be imposed by other governmen[ agencies (i.e. local, state, and federal) havin� jurisdiction, including but noi limited to applicable buffer rules. stormwater management rules, soil erosion and sedimentation control requirements, e[c. The Permittee shall ensure that the final design drawings adhere to the pemiit and to the permit drawings submitted for approvaL [ISA NCAC 02H A507(c) and I�A NCAC 02H .0506 (b)(2) and (c)(2)] 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 Flowin� watec [ISA NCAC O3HA506(b)(3) and (c)(3)] Stare o(Nonh Carolina I F.nvirommental Qualit}� 1617 Mad .S'ervice Center I Raleigh, Nonh Carolina 2769�>-1617 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)] _ 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. [15A NCAC 02H.0501 and .0502] 7. 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)] 8. 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)] 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 D,esign 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 Surjace 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. 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)] 11. 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] 12. 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)] 13. 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)] 14. 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)] I5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent ro surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 16. The permittee and its authorized agenu shall conduct iu activities in a manner consistent with State wa[er qualiry standards (including any requiremenu resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requ'vements of State and Federal law. If the NCDWR determines [hat such standards or laws are not being met (including the failure ro 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] 17. The Permittee shall repoR any violations of this certification to the Division of Watet Resources within 24 hours of discovery. [ I SA NCAC 028.0506(bx2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and retum 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(�] 19. A copy of this Water Qualiry Certification shall be maintained on the consiruction 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 managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) 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 heazings. 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 dowment is received by the Office of Administrative Hearings within five (5) business days following the fa�ced 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: Mc Bill F. Lane, General Counsel Departrnent of Environmental Quality 1601 Mail Service Center 7'his 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)946-6481or garcy.ward@ncdenr.gov. Sincerely,� G� ���� L' da Culpepper, Interim D'vector Division of Water Resources Electronic copy only distribu[ion: Billy Standridge, US Army Corps of Engineers, Washington Field Office Clement Riddle, ClearWater Environmental Consultants, Inc., kaylie@cwenv.wm Garcy Ward, NC Division of Water Resources Washington Regional Office File Copy Environmental QUQ�%ty NCDWR Project No.: Applicant: Project Name: Date of Issuance of 4U1 Water Quality Certification: Coun[v: ROY COOPER c;orrnior MICHAEL S. REGAN �«,���r����r LINDA CULPEPPER Lnrrnri I)�rr<'iur Certifica[e of Completion Upon completion ofall work approved within the 401 Warer Quality Certitication or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 'iransportation Permittine Unit. North Carolina Division of Wa[er Resources, 1617 Mail Service Center. Raleigh. NC. 27699-1617. This form may be remrned to NCDWR by Ihe applicant, the applicant's authorized agent, or the projec[ engineer. It is not necessary to send certificates from all of [hese. Applica�t!'.s Cerlificafiox I, , hereby state diat, m the best oFmy abilities, due care and diligence was used in the observation of the construction such that the constructio� was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Signature: Date: ,4genPs Certificalion I, , hereby state that, to the best of my abilities, due care and diliaence was used in the observa[ion of the cons[ruc[ion such [hat Ihe construction was observed [o be built wi[hin substan[ial compliance and intent of [he 401 Water Quality Certification and Bufler Rules, the approved plans and specifications, and other supportin, materials. Si�nature: Engineei's Cenifrcatiae Partial Final I, . as a duly registered Professional En,ineer in the Stare of North Carolina, having been authorized to observe (periodically, wcekly, full time) [he construc[ion of thc project for the Permittee hereby state that, to the best of my abilities, due care and dilisence 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 Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting marerials. Signamre Date Registra[ion No. Sta�e ol North Caro6na I F.nvironmental Quahty 1617 Mail Service Czn[er I Raleigh. North Caro�ina 27699-16 1 7