20070596 Ver 1_Approval Letter_20070426

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Mr. Anthony Roper, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Re: Hyde County, Replacement of Bridge No. 46 over Parkers Creek on NC 12, Ocracoke
State Project No. 41479; Packers Creek [SA, HQW]
Alan W. Klimek, P.E. Director
Division of Water Quality
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APPROVAL of TAR-PAMLICO RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Roper,
You have our approval, in accordance with the attached conditions, for 120 square feet of temporary impacts to protected
riparian buffers in Zone 1, 55 square feet of temporary impacts to protected riparian buffers in Zone 2, and 7 square feet of
stream impact due to pile structures for the purpose of replacing Bridge Number 46 over Packers Creek on NC 12 in Hyde
County. The project shall be constructed according to your application dated March 22, 2007, and any conditions listed below.
This approval shall act as your Authorization Certificate as required within the Tar-Pamlico River Riparian Buffer Rules (15A
NCAC 2B .0259). In addition, you should get any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control
This approval is only valid for the purpose and design that you described in your application dated March 22, 2007. If you
change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all
conditions. For this approval to be valid, you must follow the conditions listed below.
1. 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 Authorization has been completed:
2. The pennittee 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. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills.
4. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
5. During the construction ofthe project, no staging of equipment of any kind is permitted in waters of the U.S., or protected
riparian buffers.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet: vrww.ncwaterquality.org
An Equal Opportunit)r1AffirmativeRction Employer - 50°~ Recycled110% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 18, 2007
DWQ No. 20070596
Hyde County
NOne Caro na
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6. 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.
7. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
8. The dimension, 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.
9. Riparian vegetation. must be reestablished within the construction limits of the project by the end of the growing season
following construction.
10. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by
the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer
areas aze defined as azeas within the transportation corridor that will be subject to regular DOT maintenance activities
including mowing. The azea with non-maintained buffers shall be permanently revegetated, with native woody species
before the next growing season following completion of construction.
11. Pursuant to NCAC I SA 2B .0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico
Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control
devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion
control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is
released as diffuse flow.
12. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall
be cleazly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing aze
prohibited unless otherwise authorized by this certification.
13. All mechanized equipment operated near surface waters must be regulazly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
14. 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.
15. All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated with native woody species upon completion of the project construction. A post-
construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the
project is closed out by the Department of Transportation.
16. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal
approved by the US Army Corps of Engineers is a condition of the Buffer Authorization.

17. Bridge deck drains should not discharge directly into the stream. 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.
18. A copy of this Authorization shall be maintained on site at the construction site at all times. In addition, the Authorization
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 authorization, 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
authorization 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 the "No Practical Alternatives" determination required
in 15A NCAC 2B .0259(8). If you have any questions, please cornact Garcy Ward at 252-948-3922.
S' cerely,
for Alan W. Klimek, P.E.
.Director
cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 1 Environmental Officer, NCDOT
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, NC DWQ, 401/Wetlands Unit
Central Files
File copy

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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
CertifScate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 40l/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form maybe
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best 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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best 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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best 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
Water Quality. Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
1Vo~°c~Cazo~;a
Transportation Permitting Unit ~''~~ura'sy
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]! Internet: http:I/h2o.enr.state.nc.uslncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunit)r/Affirmative Action Employer - 50% Recycled110°~ Post Consurr~r Paper