20121116 Ver 1_Approval Letter_20130204

Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 4, 2013
Pasquotank County
NCDWQ Project No. 20121116
Bridge # 46
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 replacing Bridge
No. 46 with an aluminum box culvert on a canal on SR 1354 (Millpond Rd) and a pipe replacement farther downstream on SR
1465(Linwood Dr.) in Pasquotank County:
Site
Open Water
ac
Bridge 46
0.032
SR 1465
<.001
Net total
impacts
.033
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. 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 NCDWQ 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 21-1.0506 (h)
(6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0200. For
this approval to remain valid, you must adhere to the conditions listed in the attached certification.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
An Equal Opportunity \ Affirmative Action Employer
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: www.nmateroualitv.oro
1•

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Condition(s) of Certification:
1. 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.
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 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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval.
4. 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 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 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.
5. 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.
6. 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.
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. 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.
9. 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.
10. 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.
11. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
12. 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 401 Water Quality Certification.

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13. 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, 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.
14. 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.
15. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery.
16. 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.
17. 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 (252) 948 -3922.
Sincerely, 7
for Chuc akild, P.E.
Director
Cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Paul Williams, DCM, Elizabeth City
Sonia Carrillo, NCDWQ, 401 /Wetlands Unit
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