20090967 Ver 1_Approval Letter_20091021

MCDEMR
North Carolina Department of Envirolm3ent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 21. 200t)
Pamlico County
DWQ Project No. 20090967
APPROVAL of 401 WATER OUALITY CERTIFICATION and NEUSE RIVER BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Jay Johnsoe
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 rouowtng tmps,u
Buffer Zone 1 Buffer Z-r:e
Site (square [t) (square
JR uV4 LV 4V
Net Total Impacts 60 ft
The project shall be constructed in accordance with your application dated received September 10, 2009 for the
purpose of stabilizing the road shoulder on SR 1304 (River Rd) adjacent to the Neuse River in Pamlico County.
After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3687. This certification corresponds to Nationwide Permit 3 issued by the Corps of
Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). 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 211.0506 (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.
North Carolina Division or Water Quality Internet c?•rnncwalerqunlitv.nre ().,o
943 Washington Square Mall Phone: [phone] NorthCarolina
Washington, NC 27889 FAX [phone] Naturally
An Equal Opportunfty/Affirmative Action Employer-500/6 Recvcled110°b Post Consumer Pacer
Page 2 of
z.) I fie berminee and its aumorizea agents snail conduct its activities to a manner consistent wan mate wate-
quality standards (including any requirements resulting from compliance with §303(d) of the Clean ware:
Act) and anv other aboronriate requirements of State and Federal law. If NCDWO determines that such
standards or iaws are not being met (including me tauure to sustain a designated or acmevea use) or mat
State or federal law is being violated, or that further conditions are necessary to assure compliance,
NCDWO may reevaluate and modifv this certification.
3.) trosion and sediment control practices must be in full compliance wim all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. 7 fie 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 Plannin¢ and DesiPn Manual.
b. The desian. 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 maintAinp.d nn au
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-ownea 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.) 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.
6.) 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.
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.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
ceruucaitdb.
9.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surtace waters is prohibited.
10.) 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.
11.) All stormwater runoff shall be directed as sheetflow, through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
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12.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restores if
the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated ws_
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.
13.) 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:
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 [phone].
7 S' erely,
y ?-
for Coleen Sullins
Director, Division of Water Quality
Attachment
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
onia Gregory, NC DWQ, 401/Wetlands Unit
Steohen Lane, DCM, Morehead City
File copy