20070250 Ver 1_Approval Letter_20091204

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality.
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 4, 2009
Dare County
DWQ Project No. 20070250 v.2
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Clay Willis
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the attached conditions and those listed below, to replace 900
feet of existing sandbags and add 350 feet of additional sandbags along the NC 12 right-of-way on Pea
Island. The project shall be constructed in accordance with your application dated received November 25,
for the purpose of dune stabilization and flood control along the portion of NC 12 known as the 'S Curves'
near Rodanthe in Dare County. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 3703. This certification corresponds to the
General Permit 198000048 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 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 of total impacts to streams (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.
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.
2. 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 of Water Quality Internet: www ncwaterguality.ork
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NO Carolina
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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. 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.
5. All fill material used for sandbags and dune re-establishment shall be clean and free of contaminants.
6. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this certification,, other than those areas designated by the USFWS as disposal sites, 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.
7. 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.
8. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are fmal and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 461 of the Clean Water
Act. If you have any questions, please contact Garcy Ward at [phone].
$mcerel
for Cole2nls?U_l6s
Attachment
cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Jim Headley, DCM, Elizabeth City
Aonia Carrillo, DWQ 40 ]/Wetlands Unit
File Copy