20040374 Ver 1_Approval Letter_20040423

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Apri123, 2004
Hyde County
DWQ Project No. 040314
T.I.P. Number B-3348
APPROVAL OF 401Water Quality Certification
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, as described in your application dated February 23, 2004 and in accordance with the
attached conditions and those listed below, to place fill material in 0.48 acres of surface waters, fill 0.2 acres in
wetlands and creation of 0.64 acres of wetlands for the purpose of replacing bridge #52 over an unnamed canal and
bridge #54 over Kitty Creek on US 264 in Hyde County. The project shall be constructed in accordance with your
application dated February 23, 2004 (received March 2, 2004). After reviewing your application, we have decided
that General Water Quality Certification Number 3400 covers this fill. This certification corresponds to the Regional
Permit Number 198000291 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River
Buffer Rules (15A NCAC 2B .0259). 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 unless otherwise
specified in the Water Quality Certification.
The authorized impacts are as described below:
Station Wetlands Surface Created
(acres) Waters Wetland
(acres)
11+50- 0.46
31+00
11+00- 0.02
Y-LT
18+80- 0.2
21+85
11+50- 0.64
31+00
Station Zone 1 Zone 2
Impacts Impacts
(ft2) (ftZ)
21+50-24+20-L 625 1000
29+00-31+00-L 1050
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
Coleen Sullins
Division of Water Quality

N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

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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 1501ineaz 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.
1. All constructed stormwater conveyance outlets shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified
within 15A NCAC 2B .0259 (5).
2. Upon completion of work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-
1650.
3. 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.
4. The post-construction removal of any temporary bridge structures will need to return the project site to its
preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species
may also be necessary.
5. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water
Quality Certification.
6. The NCDOT will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving
or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife
Service, and National Mazine Fisheries Service.
7. Ripazian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
8. 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.
9. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
lO.Pursuant to NCACISA 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1 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.
11. 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. Apost-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.
Michael F. Easley, Governor ~~
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

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12. The outside buffer, wetland or water boundary as well as along the construction corridor within these boundaries
approved under this authorization shall be clearly marked by orange fabric fencing for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0250.
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 John Hennessy at 919-733-5694 or Mike Thomas at 252-946-6481.
Sinc
Alan W. Klimek, P.E.
Attachments:
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
DWQ Washington Regional Office
Cathy Brittingham, DCM
File Copy
c:\ncdot\TIP B3348\wqc\040314wgc.doc
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748