HomeMy WebLinkAbout20181573 Ver 1_Approval Letter_20190110ROY COOPER
CUVIYRM
MICHAEL S. REGAN
serrerarr
LITVDA CULPEPPER
lrtferim lWecror
NOR1 H CARULINA
£rtvlranmenfal Qnalt7y
January ] 0, 2019
Carteret Counry
NCDWR ProjectNo. 20181573
T�P W-5702E
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson
NCDOT, Division 2
1037 W.H. Smith Blvd.
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening SR 1141 (Hibbs Rd) in Carteret County:
Wetland Im acts in the White Oak River Basin
Site H'etland Fill
Permanent ac
SR 1141 0.027
The projec[ shall be constructed in accordance with your application da[ed received Novembe� l5, 2018. After
reviewing your applica[ion, we have decided that these impac[s are covered by General Water Quality Certification
Number 4135. This certifica[ion corresponds to the Na[ionwide Permit 14 issued by the Corps of Engineers. In
addi[ion, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
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 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 comptying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259. For [his approval to remain valid, you must adhere [o the conditions listed in
the attached certification(s) and any additional condi[ions listed below.
Condition(s) of Certification:
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)]
;�.�:.m� Q��'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury St�eet � 1617 Mail Service Centei i, Raleigh, North Carolina 27699-1617
919.707.9000
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.
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]
4. 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)]
5. 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)]
6. 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)]
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. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless. of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
9. 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)]
10. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural gade restored within.two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
11. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO 1000.
12. Native riparian vegetation must be reestablished in the riparian areas within the construction limiu of the project
by the end of the gowing season following completion of constructioa [15A NCAC 02B.0506(bx2)l
13. 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 fwther conditions aze necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [ISA NCAC 02B.0200]
14. 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)]
15. 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(�]
16. 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 managec [ISA NCAC 02H .0507(c) and i5A NCAC 02H .0506 (b)(2) and (c)(2)]
[f 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 Heazings accepts filings Monday through Friday between the hours of S: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 faued transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
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
Departrnent 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,
�
Culpepper, D'v ar y
Division of Water Res urces
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washing[on Field Office
Jay Johnson, NCDOT, Division 2
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy
ROY COOPER
[r4YMIM
MICHAEL S. REGAN
secrerary
LtNDACULPEPPER KoiirHc�,aoLiNA
lnrer;m o,re�-ra �'+�W+'anmentcl Quolfty
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water QualiTy Certification or applicable Buffer Rules, and any
subsequcnt modifications, the applicant is required to retum this certificate to the 401 Transportation Pertnitting Uniy North
Carolina Division of Water Resources, 1617 Mail Service Center. Raleigh, NC. 27699-1617. This form may be retumed to
NCDW R by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
ApplicanYs CeKificarion
I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that lhe 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 other supporting materials.
Signature: Date:
AgenPs Cer(iJlcation
I, , hereby state that, to the best of my abilities, due care and diligence was used in
[he observa[ion of Ihe construction such that the construction was observed ro be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certifieation
Partial Final
1, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to obscrve (periodically, weekly. full time) the construction of the project for the Permittee hereby state
that to the bes[ 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 Waler Quality Certifcation and Buft�er Rules [he
approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
�.,m � Q��'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000