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HomeMy WebLinkAbout20160938 Ver 3_20160938_20181119'[;<< _ ._r, :,'.-,. _ Water Resources fiNJIRONMENTAi OUAIIiY PrV�f MCCRORI' I)ONAI,D R. VAN Uh;K VAART S. JAY Z1�4h1�R�4AN rn,I Octoi�er 3, 2016 Hyde Counry NCDWR Project No. 20160938 Shoreline Stabilization NC 94 APPROVAL of JOf �NATER QUAUTY CERTIFiC,ST16N H'ith ADDITIOiVAL C�NDITIONS Mr. Paul Williams NCDOT, Division One I 13 Airport Drive, Suite 100 Edenton, NC 27932 DearMr. Williams: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of shorelinc stabiliza[ion along the portion ofNC 94 on the Lake Mattamuskee[ causeway in Hyde County: J en Water Im acts in the Tar-Pumlico River Basin Site Open Water I �ill (ac) L 4--� _ .07i -- —= I I s ooa 1 � —c — --.02 -- D 028 E 011 Total 087 The preject shall be constructed in �ccordance w-ith your e-inniled application received August 4, 2016 and aJditionxl iuformation received September 21, 2016. ARer revicwing your application. we have decided [ha[ these impacts are covemd by General Wa[er Quality Certitication Number 3885. 'I�his certitication corresponds to the Regional General Permit I �ft0000R0 issued by the Corps of F.noinecrs. In addition, you should acquire any otlier federal, statc or lo::a{ pennits bzfore you pruceeu wiih yuu� project including (Lul uol limited lo) Sedimen[ aud Er�sion Control, Non-Dischar�e and Water Supply W.dershed regulations. This approval will expire wi[h the accomuanying 404 permit. This app�oval is valid solely fur Uie purpose and desi5n describzd in your applica[ion (unles> modifizd bzluw). Shuuld your proj�ct change, you must notify [hc NCllWR and suhmil a new a��plicntion. Ifthe �ruperly is sold, ihe ne��� o:on�: o�nst he. aiven s copy or tlri; �,�rriiit.�uon xnd ap��re�:>�i lettrr. and is ;he��ch� r,-s;�cn,iL•Ic ti�r compiyine with all the conditions. If total wetland fills for this project (now or in tlie fuWre) exceed one acre, or of total impac[s ro stre�ms (now or in [he fu[ure) exceed I50 linear feet, compensarory mitigation may be required as eesci ibed in ! 51� NCAC 2Fi fiip6 (h) (fil anJ (7). For lhis �pprovzl to remain vaiid. you n!ust r�ihe�e ie t6e ccnditions list?d in tt�� �ttached. certificationis; nnd ar,y zdditiooai w<<diuons lisl��d bciow. Sla.euf4ni;L(ar�ilfnn�,Gr.�n,nn;entsi(�w�6�v lv:iterRrk^nrsev �f,�7ManServ�c=,�'�enier Faieinh.iVnAhCa�enna375S9-15fi Pnone �g;.@:.11.t;;',0 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 govemment 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 Pe:-miitPe sLatl ensure that the imal design drawings adhere to the permit and to the permit drawings submitted for approvaL [ liA i�CAC 02H A507(c) and I SA NCAC 02H .0506 (b)(2j and (c)(2)] 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. [ISA NCAC 02H.0506(b)(2)] 4. All mechanized equipment operated near surface waters mus! be ragularly inspected and maintained to prevent contamination of stream waters from fuels, lubrican[s, hydraulic fluids, or other toxic materials. [ I SA NCAC 02H.0�06(b)l�)l 5. 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 urder to protect surface waters standards [ 15A NCAC 02H.0506(b)(3) and (c)(3): a. The erosion and sediment control measurec for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosron Control Planning and Desrgn Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requ'vements specified in the most recent version of the North Carolina Sedrment and Erosion Contro[ Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including conhactor-owned or leased borrow pits associated with the project. c. For borrow pit si[es, the erosion and sediment conirol measures must be designed, installed, operated, and maintained in accordance with the most recent version of the Nnrth Carolrnn SurJ'ace Mining Manasal. d. The reclamation measures and implementation mus[ compty with the reclamation m accordance with the requirements of the Sedimeniation Pollution Cuntrol Act. 6. Wl�ere placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed and the natural grade restored upon completion ofthe project [ISA NCAC 02H.0506(b)(3) and (c}(3) 7. Erosion centrol 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 whzrever possible live stakes of native teees. Riparian areas are defined as a distance 25 feet from top of stream bank. [ 15A NCAC 02B.0224, .0225] 8. 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. lf the NCDW R determines that such standards ar laws are not being met (including the failure to sustain a designared or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCUWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 9. The Permittee shall report any violations of this certification ro the Division of Water Resources within 24 hoars of discovery. [ I SA N CAC 02B.0506(b)(2)] i 0. A copy ct"U»s Water Qnality Ceriiticatiotr sfrall be maintai�izd on the construction �ite at all times. 1n addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division F,ngineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and l�)(�)7 1 L 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 Comple[ion Form" [o notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H,0502(�] If you wish to contest any statement in the attached Certification you must file a petition for an adminisffative 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 six.ty (60) days of receipt of this notice. A petition is considered filed when it is received in [ha ofFice uf Administrative Heazings during normal office hours. The Office of Adminishative 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 Hearings. The petition may be faxed-provided the original and one copy of the document is received by thz Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Adminish•ative Hearings is: Office of Adminishative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephnne: {919) 43 ]-3000, Facsimile� (9] 9) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Depar[ment 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) 946-6481or garcy.ward@ncdenr.gov. Sincerely, S. la imme�irector ` d'/ . Division of �Vater Resources Electronic copy only distribution: Kyle Barnes, US Army Corps of Engineers, Washington Field Office Clay Willis, Divisionl Environmental Officer Garcy Ward, NC DWR, Washington Regional OTfice File Coyy r�.�;��� _- . �; . h: �„'. �,. -�,. ..r::� .- i:`-` �` " Water Reso��rces ENVIIiONMEN fAL OUALITY NCDWR Project No.: Anplicant: Project Name: Date of issuance of 40i Waier Quality Cerlificaliun: C�II llt)': P�1�1 NICCKUItI' I)UNAI.0 R VAN DI'.R VAAR'I ti. .IA1' LINIh11SIZMAN Certificate of Completior. Upon complction of all wurk approved witliin tlie 40t Water Quality Certification or applicable l3uffer Rules, and ar.y subscquzn[ med�fica[ions, ihe applicant is required lo return this certificaie to the 401 ��rsnspertation Penni[[ing Unit, North C'aroli�is Dicision o� V.'a;er Resowces, I61? M�il Szrvice Cen.er, ;ialcigh, NC, �7699-161',. T'Sis fcrn may be retw�ned to NCDWR by the applican[, the applicant's au[horized agent, or the proj2ct e�iginzer. It is not r.ecessaiy to ser,d certitic2tes from all of :hese. ApplicmeNs Cer�if7cnlio�� I, , hereby sta[e th�[, to lhe best of my abili[ies, due care and diligence was used in the observa[ion of the construction such that Ihe conslruc[ion was observed to be built within subs[a��tial complianee and �n�ent of the 40! Water Quality Certi.fication and Buffer Rulec, the approved plans and specifications, and other supporting ma�erials. Sigralure: _ i;a[c: Age»!'s Certrjic�diosi I, , liereby state that, lo lhe best oCmy ubilitics, due care and diligence was used in the observation of the construction such that the consh'uction was observed to be built within substanlial contpGance and intent of the �O 1 Water Quali[y Certitication and Buffer Rules, the app:oved pl�rs znd specificatious, and other si�pporiing maierials. Signature: Date: Eiigirreer's Certifrc��linii PartiTl Final I, , as a duly registered Pirofessional Lngineer in the Statc of NoiTh Carolinz, iiaving been t+utnorized to observe (periodically, weekly, full time) ihe mnsVuction of the project for the Pennittee hereby stale that, to the best of my abilities, due care and dili�ence was used in the observation of the constructiou such that tl�e constructiou was ubserved lo ue built within substantial coinplianec and inteN of the a01 Water Quality Cei4iticalion and BufFzr Kules, the approved plans and specitica[ions, and oth2r supporting materials. Siyn2tw�e Da[e Registration No. Sqfaoi NrtlL Oamlina 16�rcirrnactnla! Quelity I Waier K:_�)wccs 161 i Mail Seraice Crn;e�, Re�ziyh. �oi71 Caiolina Ti69�-1n7'