HomeMy WebLinkAbout20090837 Ver 1_Approval Letter_200909221A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 22, 2009
Perquimans County
DWQ Project No. 20090837
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Clay Willis
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the attached conditions and those listed below, for the following
impacts:
Site Wetland
Fill
acres Wetland
Mechanized clearing
acres
W1 0.0295 0
W2 0 0.266
Net total impacts 0.2555 acres
The project shall be constructed in accordance with your application dated received August 4, 2009 for the
purpose of constructing a roundabout on SR 1336 (Harvey Point Rd) in Perquimans County. After
reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3704. 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 issued
by the US Army Corps of Engineers.
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 in 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 Internal: wo?c.nacatcruualin°.or?
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal OppodunitylAlfrmative Action Employer - 50% Recycledn0 % Post Consumer Paper
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Page 2 of 3
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project.
2.) The perminee 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.
3.) 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.
4.) 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.
5.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
6.) 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.
7.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites be located in wetlands or stream,
compensatory mitigation will be required since it is a direct impact from road construction activities.
8.) 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.
9.) 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.
Page 3 of 3
10.) 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.
11.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
12.) Native riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
13.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
14.) 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.
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, 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 contact Garcy Ward at (252) 948-3922.
S' cerely,
for Cole en Sullins
Attachment
cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Jim Hoadley, DCM, Elizabeth City
Sonia Gregory, DWQ, 401/Wetlands Unit
File Copy