HomeMy WebLinkAbout20070047 Ver 1_Approval Letter_20070219~, ~~/~ TF Michael F. Easley, Governor
~? fir William G. Ross Jr., Secretary
~~~ ~ ~~~~~~ North Carolina Department of Environment and Natural Resources
Uj ~~~~;t~§~' Alan W. Klimek, P.E. Director
~ ~.~~1~~~`- --i Division of Water Quality
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Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
February 19, 2007
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS Proposed Construction of Second Bridge to Oak Island in
Brunswick County, Federal Aid Project No. STP-1105(6), State Project No. 8.2231201, TIP
Project No. R-2245.
DWQ Project No. 20070047, Individual Certification No. 3608
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3608 issued to The North Carolina Department of
Transportation dated February 19, 2007.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
~~~
i ?'2.
/`
~~
,/~ Alan W. Klimek, P.E.
Director
Attachments
cc: Dave Timpy, US Army Corps of Engineers, Wilmington Field Office
Jennifer Frye, US Army Corps of Engineers, Wilmington Field Office
Chris Militscher, Environmental Protection Agency
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Steve Sollod, Division of Coastal Management
Ken Averitte, DWQ Fayetteville Regional Office
File Copy
N~o~lrthCarolina
Transportation Permitting Unit ~ vatuCa~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 I Internet: http:i!h2o.enr.state.nc.usincwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
~~ 1'V t1 (~`~ William G. Ross Jr., Secretary
a~C~ QG North Carolina Department of Environment and Natural Resources
Cn ~, Alan W. Klimek, P.E. Director
j Division of Water Quality
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401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 22.798 acres of
jurisdictional wetlands and 3541inear feet of jurisdictional streams in Brunswick County. The project
shall be constructed pursuant to the application dated received January 8, 2007 and the subsequent
supplemental information submittals dated received January 19, 2007 and January 30, 2007. The
authorized impacts are as described below:
Stream Impacts in the Lumber River Basin
Site Permanent Fill in Temporary Permanent Temporary Total Stream
Intermittent Stream Fill in Fill in Fill in Stream Impacts
(linear ft) Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft
11 207 52 0 0 259 0
34 0 0 15 80 95 0
Total 207 52 15 80 354 0
Total Stream Impact for Project: 3541inear feet
Wetland Impacts in the Lumber River Basin
Site Fill
(ac) Fill
(temporary)
ac Drawdown
Effect
ac Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Area under
Bridge
ac Total
Wetland
Im act ac
2 0.026 0.027 0 0 0 0 0 0.053
4 0 0.019 0 0 0 0 0 0.019
6 1.348 0 0 0 0.174 0.082 0 1.604
8 0.046 0 0 0 0.020 0.014 0 0.080
9 0.099 0 0 0 0.007 0 0 0.106
10 0.108 0 0 0 0.029 0.035 0 0.172
11 1.203 0 0 0 0.204 0.151 0 1.558
12 1.013 0 0 0 0.159 0.055 0 1.227
13 0.029 0 0 0 0.041 0.015 0 0.085
14 0.669 0 0 0 0.081 0.023 0 0.773
15 0.003 0 0 0 0.007 0.014 0 0.024
16 0.231 0 0 0 0.045 0 0 0.276
17 0.325 0 0 0 0.040 0.030 0 0.395
18 0.105 0 0 0 0.042 0.035 0 0.182
19 1.070 0 0 0 0.091 0 0 1.161
20 0.142 0 0 0 0.026 0 0 0.168
21 2.388 0 0 0 0.385 0.125 0 2.898
22 1.313 0 0 0 0.244 0.279 0 1.836
23 0.161 0 0 0 0.021 0.008 0 0.190
24 2.889 0 0 0 0.456 0.089 0 3.434
No~thCarolina
Transportation Permitting Unit UEllCU~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 I Internet: http:Uh2o.enr.state.nc.us?ncwetiands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
\C~Q~ ~~ H rfi~~G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
~-d~~ Division of Water Quality
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25 2.497 0 0 0 0.411 0.167 0 3.075
26 0 0 0 0 0 0.013 0 0.013
27 0.004 0 0 0 0.021 0.007 0 0.032
28 0 0 0 0 0 0.002 0 0.002
29 0.682 0 0 0 0.123 0.019 0 0.824
30 0.687 0 0 0 0.297 0.091 0 1.075
31 0.073 0 0 0 0.015 0 0 0.088
32 0.514 0 0.671 0.166 0 0 0 1.351
33 0.047 0 0 0 0 0.050 0 0.097
Total 17.672 0.046 0.671 0.166 2.939 1.304 0 22.798
Total Wetland Impact for Project: 22.798 acres.
Open Water Impacts in the Lumber River Basin
Site Permanent Fill in
O en Waters ac Temporary Fill in
O en Waters ac Total Fill in Open Waters
ac
3 0.001 0.029 0.030
4 0 0.006 0.006
5 0.068 0.012 0.080
Total 0.069 0.047 0.116
Total Open Water Impact for Project: 0.116 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the
Lumber River Basin or wetlands in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306,
307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated
received January 8, 2007 and the subsequent supplemental information submittals dated received January
19, 2007 and January 30, 2007. Should your project change, you are required to notify the DWQ 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 complying with all the conditions. If any
additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or
1501inear feet, respectively, additional compensatory mitigation maybe required as described in 15A
NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all
the conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on
the same day as the expiration date of the corresponding Corps of Engineers Permit.
N~os~e Carolina
Transportation Permitting Unit ~/Vl~fllCll~~i~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-689311nternet: http:ilh2o.enr.state.nc.usincwetiands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
~~ ~VH ~~~ William G. Ross Jr., Secretary
~~tiC~ QG North Carolina Department of Environment and Natural Resources
crj T' Alan W. Klimek, P.E. Director
y ~ f - Division of Water Quality
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Condition(s) of Certification:
Project Specific Condition(s)
Control of access shall be maintained along the proposed road corridor. Control of access shall
be maintained through the Memorandum of Understanding (MOU) agreed to by Federal
Highways Administration (FHWA), NC Department of Transportation (NC DOT), NC
Department of Environment and Natural Resources (NC DENR), and US Environmental
Protection Agency (US EPA) that was submitted in your application regarding the control of
access procedures. The MOU states that a "Special Control of Access" symbol shall be included
on all roadway plans for the Second Bridge to Oak Island. The symbol shall denote that special
approval is necessary to break access along the road corridor. This special approval requires
unanimous agreement in writing of the signatory agencies (FHWA, NC DOT, NC DENR, US
EPA) to allow the break in access control. The MOU establishes three designated access breaks
as follows:
Access Centerline of Access Break East or West of Mainline
Access 2 -L- Station 72+65.00 West
Access 3 -L- Station 192+55.00 East
Access 4 -L- Station 151+55.00 West
4
These access breaks are approved and not subject to the procedures of the MOU.
2. Although all three access breaks are approved by the MOU, only Access 3 and Access 4 are
approved for construction under this Water Quality Certification. Access 3 shall be located at
-L- Station No. 192+55.00 and shall maintain control of access for 100 feet of width for
approximately 1,000 linear feet of roadway from the eastern edge of the mainline right-of--way.
Small animal passage shall be provided under Access 3 by four 60" by 46" corrugated aluminum
pipes with a continuous aluminum barrier at both ends. The small animal passage pipes shall be
buried one foot deep and backfilled with one foot of soil. Access 4 shall be located at -L-
Station No. 151+55.00 and shall maintain control of access for 100 feet of width for
approximately 1,500 linear feet of roadway from the western edge of the mainline right-of--way.
3. Small animal passage shall be provided under the proposed subdivision road intersecting the
wildlife corridor on the Williamson property. The small animal passage shall be constructed in
accordance with section 3(b) of the notarized landowner agreement dated November 20, 2006
submitted in your application.
Access 2 will provide landowner access to MAS Properties, LLC. Access 2 shall be located at -
L- Station No. 72+65.00 and shall maintain control of access for 100 feet of width for
approximately SOO linear feet of roadway from the western edge of the mainline right-of--way. If
the final design plans for Access 2 include impacts to streams or wetlands, MAS Properties, LLC
shall submit five copies of the application fora 401 Water Quality Certification and required
fees to the NC Division of Water Quality for approval. Final designs shall reflect all appropriate
avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface
waters. No construction activities related to Access 2 that impact any wetlands, streams, or
surface waters, shall begin until after the permittee applies for, and receives written concurrence
in the form of a 401 Water Quality Certification from the NC Division of Water Quality. Any
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-689311nternet: http:;;h2o.enr.state.nc.us%ncwetlands
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycledl10% Post Consumer Paper
vv x j_
\fl~~F ~~QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ Afan W. Klimek, P.E. Director
' r~_' Division of Water Quality
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future landowners of the property accessed by Access 2 are also subject to the requirements of
this condition.
5. NC DOT shall provide a gated driveway access point at approximately -L- Station No. 73+00 Rt
for the US Army Corps of Engineers to access maintenance areas for the Atlantic Intracoastal
Waterway.
6. NC DOT shall adhere to all appropriate in-water work moratoriums (including the use of pile
driving) prescribed by the National Marine Fisheries Service and the NC Division of Marine
Fisheries. No in-water work is permitted between February 1 and September 30 of any year,
without prior approval from the NC Division of Water Quality, the National Marine Fisheries
Service, and the NC Division of Marine Fisheries. In addition, the NC DOT shall conform with
the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage" (May
12, 1997) at all times.
7. The bridge over Davis Canal shall be constructed using driven piles. The bridge over the
Atlantic Intracoastal Waterway shall be constructed using drilled shaft pile installation. Jetting
shall not be used to install bridge piles at either location.
NC DOT shall follow the "Precautionary Guidelines for General Construction in Areas that may
be used by the West Indian Manatee in North Carolina" in accordance with US Fish and Wildlife
Service requirements.
9. Ten small animal passage pipes shall be constructed under the proposed mainline road between
Station Nos. 147+00 and 210+00. The animal passage pipes shall be 48" reinforced concrete
pipes or 60" by 46" corrugated aluminum pipes and shall be buried one foot deep and backfilled
with one foot of soil.
10. For all construction activities occurring in high quality water (HQW) watersheds, NC DOT shall
use Design Standards in Sensitive Watersheds [15A NCAC 4B .0124(a)-(e)]. All land
disturbing activities south of-L- Station No. 141+00 are subject to Design Standards in
Sensitive Watersheds. However, due to the size of the project, NC DOT shall not be required to
meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
11. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of structures typically decreases water velocity causing sediment deposition
that requires increased maintenance and disrupts aquatic life passage.
12. As part of the avoidance and minimization strategy, NC DOT shall place approximately 880
acres under a conservation easement. The conservation easements shall be made up of
properties from two separate landowners, the Williamsons and the Reserve Development
Company (RDC). The Williamson properties shall include West Bay, the western end of East
Bay, a 300-foot wildlife corridor connecting the two bays, and three future park areas (PR3,
PR11, PR13). The RDC properties shall include North Bay, the remainder of East Bay, and a
300-foot wildlife corridor connecting East Bay and North Bay. These properties are shown on
Exhibit A of the respective landowner agreements and on the map titled "R-2245 Second Bridge
No ethCarolina
Transportation Permitting Unit ~atuCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http:it'h2o.enr.state.nc.usincwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
QF ~VFI r~iQ William G. Ross Jr., Secretary
`~C~ QG North Carolina Department of Environment and Natural Resources
Cry P Alan W. Klimek, P.E. Director
} Division of Water Quality
~ ~-{
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to Oak Island Water quality Certification Application Proposed Conservation Easement Details"
dated January 26, 2007. The approximate conservation easement wetland and upland acreages
are as follows:
Landowner Land T e Acrea e
Williamson
Wetland 410
Upland 20
Total 430
Reserve Development Co.
Wetland 290
Upland 160
Total 450
Total 880
13. The conservation easements for the Williamson property and the RDC property shall be signed
and recorded with the Brunswick County Register of Deeds by September 30, 2007.
14. The property adjacent to -L- Station No. 199+30 Rt to 208+30 Rt has been obtained by NC
DOT as part of the 300-foot wide wildlife corridor between the East Bay and North Bay. This
property shall remain undisturbed and shall be noted in the NC DOT roadway plans as part of
the wildlife corridor. In addition, the parcel shall be recorded as a mitigation site in NC DOT's
Mitigation Site Geodatabase. In the event that the parcel is transferred to another landowner, a
conservation easement shall be placed on the parcel in perpetuity.
15. No work shall be performed in jurisdictional waters prior to obtaining a State Stormwater
Permit.
16. The post-construction removal of any temporary bridge structures must return the project site to
its preconstruction contours and elevations. The impacted areas shall be re-vegetated with
appropriate native species.
17. Bridge deck drains should not discharge directly into streams. Stormwater should 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. Please refer to the most current
version of Stormwater Best Management Practices. Stormwater shall be managed in accordance
with your State Stormwater Permit issued by DWQ.
18. Placement of culverts and other structures in waters, streams, and wetlands 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
down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to
be met due to bedrock or other limiting features encountered during construction, please contact
Onc
NorthCarolina
Transportation Permitting Unit ~Rflfl'GI~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http:i; h2o.enr.state.nc.usincwetlands
An Equal OpportunitylAffirmativeRction Employer- 50% Recycledll0% Post Consumer Paper
(~F ~'~~~ (~9 William G. Ross Jr., Secretary
`~~ QG North Carolina Department of Environment and Natural Resources
t ~ ~ Alan W. Klimek, P.E. Direct Y
Division of Water Qualit
O '~
the NC DWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
19. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
20. Compensatory mitigation for impacts to 0.026 acres of riverine wetlands and 21.422 acres of
non-riverine wetlands (total of 21.448 acres) is required at a 2:1 ratio. Therefore, mitigation for
0.052 acres of riverine wetlands and 42.844 acres ofnon-riverine wetlands is required. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands
through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has
agreed to implement the mitigation for the project. EEP has indicated in a letter dated January
12, 2007 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above-referenced project, in accordance with the
Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
General Condition(s)
21. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
22. 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.
23. The dimension, pattern and profile of the stream above and below the crossing should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
24. 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.
25. 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.
26. 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.
27. Heavy equipment may be operated within the stream channels however, its usage shall be
minimized.
No° [hCarolina
Transportation Permitting Unit ~(IfllClT~~~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 / Internet: http:ilh2o.enr.state.nc.usincwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
t7 -- -- fij William G. Ross Jr., Secretary
~~C~ QG North Carolina Department of Environment and Natural Resources
Cr , ~, Alan W. Klimek, P.E. Director
} Division of Water Quality
~I
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28. 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.
29. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
30. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
31. 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 DWQ 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, DWQ may reevaluate and modify this
certification.
32. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification.
33. A copy of this Water Quality Certification shall be posted 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.
34. 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.
35. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
36. Native riparian vegetation (ex., river birch, green ash, water tupelo, blackgum, redbay,
sycamore, swamp chestnut oak, tag alder, common pawpaw, ironwood, sweet pepperbush, titi,
Virginai willow, doghobble) must be reestablished within the construction limits of the project
by the end of the growing season following completion of construction.
37. 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 be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
38. 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.
NorthCarolina
Transportation Permitting Unit ~6lflfC6l~~l,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 /Internet: http:ilh2o.enr.state.nc.usincwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
~~~~~ ~'~~ 1 ~`~QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ Alan W. Klimek, P.E. Director
~ r Division of Water Quality
--!
Ga 'C
39. 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.
a. 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.
b. 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.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
40. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification. If placement of sediment and erosion control devices
in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon
completion of the project.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions
are made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 19th day of February 2007
DIVISION OF WATER QUALITY
~// ' ' Z
Alan W. Klimek, P.E.
Director
WQC No. 3608
No thCarolina
Transportation Permitting Unit ~ilttlCAlll~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 fAX 919-733-689311ntemet: http:I;h2o.enr.state.nc.uslncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper