19990422 Ver 1_Complete File_19990429

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
r4i • 21
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 7,1999
Gates County
DWQ Project # 990422
APPROVAL of 401 Water Quality Certification
NC DOT
Randall Turner
PO Box 850
Edenton, NC 27932
Dear Mr. Turner:
You have our approval, in accordance with the attached conditions, to place fill material in 0.084 acres of wetlands
or waters for the purpose of widening SR 1106, as you described in your application dated April 30, 1999. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 18.
This Certification allows you to use Nationwide Permit Number 3106 when the Corps of Engineers issues it. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us 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 conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Kerr T. Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files 990422.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper
. 44-:W_
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NW P • I R
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification PAYMENT
RECEIVED
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone: [phone] ATTN: MR. JOHN DORNEY
Telephone: [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: NC DCT - M • RA444)1 7-4.),eAj49
2. Owners Address: P-0- hOZ AJC- -.%7 -A
?8a• - 7977
3. Owners Phone Number (Home): (Work): CAS-A)
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
P o• Box 4GD, ?'?P.v AUC
5. Location of work (MUST ATTACH MAP). County: GABS
Nearest Town or City: /n, N06.g 011 e
Specific Location (Include road numbers, landmarks, etc.): TR 1106
6. Name of Closest Stream/River: &AJIDe-ft4 6eIek
7. River Basin: L 1,09J, AJ RtUee RASIAJ
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO LA
9. Have any Section 4044 permits been previously requested for use on this property? YES [xJ NO [ ]
g?1' " lqg
If yes, explain. N
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of U.S., including wetlands, impacted by the proposed project:
Filled: ?• A8
Drained:
Flooded:
Excavated:
Total Impacted:
. 41 a I.
12. Description of proposed work Attach PLANS-31/2"'K 11- dra,---mgs only): ?f Y)ON
? ue-Ilik v? ,ea??
01
?C
13. Purpose of proposed work: 11nore ee (fA ?/?? Zwd-m
14. State reasons why the applicant believes hat this acz •zty must tr tarried ot_: in wetlands. Also, note measures taken
to minimize wetland impacts. ? /' AI ?S
h /*11Z ?•
15. You are required to contact the U.S. Fish 2nd R- ildli:= Senice 1, SFWS) an -J or National Marine Fisheries Service
(NMFS) regarding the presence of any Feder-Ily listed :dangered :r threatens' species or :ritical habitat in the permit
area that maybe affected by the rropgsed prciect. Have -.ou done s:.' YES NO [X]
NO S U/ Mble `o ? 14J # V'eeof- 41w
RESPONSES FROM THE USF'WS ANN-D/OR NN FS StOULD BE FORWAIL^ED TO CORPS.
16. You are required to contact the State Hismric Preserztion OfficY (SHPO) ?garding the presence of historic
properties in the permit area which may be a.=ected by :?e proposed project Fzve you dor:e so? YES [ ] NO [XI
RESPONSE FROM THE SHPO SHOLZD BE FORW AaDED TO CORPS.
17. Additional information required by DEN
A. Wetland delineation map showing all wetlands, seams, and lakes on tie property.
B. If available, representative photograpa of wetlands to be im_acted by project.
C. If delineation was performed by a consultant, inc.ude all dam sheets reL-vant to the ilacement of the
delineation line.
D. If a stormwater managernent plan is -°quimd for his ^rojec= attach cod.:.
E. What island use of surrotmding prop;rty " WAad4WX? 4,r/C&11e-V e
F. If applicable, what is proposed method of sewaz-° disposal 6?A
# - 2e-
Ow-er's Signa_e
Date
41•1 .t
^e. 6 $
Y0.1 5 60a
3 y0 000
Action Id.
County 6a
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner
Address
WILMINGTON DISTRICT
C
C . ?-7 9,
Telephone No. ?o25oZ1 415A- 79 72
Size and Location of project (water body, road name/number, town, etc.)

Description of Activity
SR )106 , "
Applicable Law: _Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
61 W #0 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date q _ ,;?3 ` r / /// ,/
Corps Regulatory Official Telephone No. 2ZS-/ ?bdCi)`? o?
Expiration Date of Verification Y ?3 ` o?b0/
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
CESAW Forth 591
Revised July 1995
*_ t A
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest
practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous
to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to
impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize
soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been
added by the Division Engineer and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest
Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived. -
11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of
a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall
not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be
obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
Places (see 33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake
except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car
bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation
mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.
18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede
the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
impound waters).
19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum
extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.

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