20111082 Ver 1_Approval Letter_20120119

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
January 19 2012
Perquimans County
DWQ Project No 20111082
SR 1300 road improvements
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Clay Willis
NCDOT Division One
113 Airport Drive Suite 100
Edenton NC 27932
Dear Mr Willis
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of the widening of
SR 1300 (New Hope Rd) in Perquimans County
Wo *tend and nnen Water impacts in the Pasquotank Basin
Site Number
Wetland Fill
(sq ft
Open Water
s ft
1
0
30
2
0
15
3
0
75
4
0
0
5
0
18
6
52
0
7
0
54
8
1 70
0
Total
122 (0 0028 ac)
124 5 (0 0028 ac)
The project shall be constructed in accordance with your application dated received December 12 2011 After reviewing your
application we have decided that these impacts are covered by General Water Quality Certification 3820 This certification
corresponds to the Nationwide Permit 14 issued by the Corps of Engineers In addition 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 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 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 150 linear feet compensatory
mitigation may be required as described to 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to
the conditions listed in the attached certification
North Carolina Division of Water Quality Internet wwncwater9u2lrty org
943 Washington Square Mail Phone [phone]
Washington NC 27889 FAX [phone]
An Equal OpportumtylAffirmaUve Action Employer-50% Recycled/10% Post Consumer Paper
One
N Carolina
NWulraliff

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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 a 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 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 Iaw 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
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 niches 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
NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required
4 Pipes and culverts used exclusively to maintain equilibrium in wetlands where aquatic life passage is not a concern shall not be
buried These pipes shall be installed at natural ground elevation
5 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
6 The dunension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplains and
streams shall be restored to natural geomorphic conditions
7 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
8 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this
certification
9 The outside buffer wetland or water boundary located within the construction corridor approved by this certification 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
10 Native riparian vegetation (ex list trees and shrubs native to your geographic region) must be reestablished within the
construction limits of the project by the end of the growing season following completion of construction
11 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this certification
without appropriate modification Should waste or borrow sites or access roads to 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
12 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
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 Design
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 Surface Mining Manual
d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act

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13 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification
14 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
15 Upon completion of the project (including any impacts at associated borrow or waste site) 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
16 A copy of this Water Quality Certification shall be maintained on site at 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
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 that conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 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 contact Garcy Ward at [phone]
S cerely
for Chuck Wakild
Attachments (General Certification and Certificate of Completion form)
cc Bill Biddlecome US Army Corps of Engineers Washington Field Office
Soma Carrillo NC DWQ 401Wetlands Umt
File Copy