20090712 Ver 1_Approval Letter_20090709

I
AAA
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen Fl. Sullins Dee Freeman
Governor Director Secretary
July 9, 2009
Beaufort County
DWQ Project No. 20090712
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO RIVER BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Sit Buffer Zone I - Buffer Zone 2 Stream Wetlands Fill
e (square ft) (square ft) (linear ft) (acres)
SR 1950 3,365 490 145 0.06
Net Total impacts 3,855 ft 145 0.06
The project shall be constructed in accordance with your application dated received June 19, 2009 for the purpose of
replacing a pipe on an unnamed tributary to Durham Creek on SR 1950 (Tuten Rd) in Beaufort County. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704. This certification corresponds to Nationwide Permit 14 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 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 total impacts
to streams or buffers (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.
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 NCDWQ determines that such
North Carolina Division of Water Quality Internet: www.newatergualitNore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
NorthCarolina
Naturally
An Equal OppommitylAff rmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 4
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,
NCDWQ may reevaluate and modify this certification.
3.) 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. -
4.) Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project.
5.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
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.) The dimension, pattern, and profile of the stream above and below, the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
8.) Channel relocations shall be completed, stabilized, and approved on site by DWQ staff, prior to diverting
water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for
bank stabilization shall be limited to native riparian vegetation, and should include establishment of a
vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap may
be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and any calculations used to determine the extent of rip-rap coverage requested.
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.
10.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
11.) 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.
12.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
Page 3 of 4
13.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
14.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
15.) 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.
16.) New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements as
required in the Tar-Pamlico Buffer Rules 15A NCAC 2B .0259 (6).
17.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
18.) 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.
19.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
20.) 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 are defined as areas within the transportation corridor
that will be subject to regular DOT maintenance activities including mowing. The area with non-
maintained buffers shall be permanently revegetated, with native woody species before the next growing
season following completion of construction.
21.) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify NCDWQ when all work included in the 401 Certification has
been completed.
22.) 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.
Page 4 of 4
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 [phone].
incerel
for Coleen Sullins
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office.
Ms. Sonia Gregory, NC DWQ, 401/Wetlands Unit
Mr. Stephen Lane, DCM, Morehead City
File copy