20070170 Ver 1_Approval Letter_20070320

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Michael F. Easley, Governtx
William G. Ross Jr., Secretary
North Carolina Department of Environment and Tiatural Resources
March 20, 2007
Charles and Mary Ellan Angus
PO Box 113
Aydlett, NC 27916
Subject Property: Laurel Woods, Section C
Pasquotank River Basin
Alan ~'. ilimek P.E_ Director
Division of Water Quality
DWQ Project # 07-0170
Currituck County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. Angus:
I'ou have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.27 acres of wetlands for the purpose of constructing a
roadway on the subject property, as described within your application dated November 1~, X006
and received by the N.C. Division of Water Quality (DWQ) on January 29, 2007. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply ~~ith any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and DWQ Stormwater regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to eaters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If ~'ou c;;ange
your project, you must notify us and you may be required to send us a new' application. If t7e
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 conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h}. This approval requires you to folloR~ the
conditions listed in the attached certificafion and any additional conditions listed beloR-.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
PapeNorth Carolina Division of Rater Qualit< Internet h2o.encstate.nc.us
9-Fi ~'~'ashingror. Square Mall Phone: [phone] ~n°-
Washin_ton, NC 27889 FAX [phone] NorthCC>rolina
An Eaual OpportunitylAffirtnative Action Employer- 50°% Recycled110% Post Consumer Paper ~a~ura!!~

Applicant:
Page 2 of 3
Date:
Amount A roved (Units) Plan Location or Reference
Stream NA (feet) NA ~
404/CAMA Wetlands 0.27 (acres) 404 JD plat provided in ~
a lication ~
Waters NA (acres) NA
Buffers NA (s uare ft.l NA
2. Erosion & Sediment Control Practices
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 v<-ith 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 the~~ 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. borrov~- sites. and
waste pile (spoil) projects. includins 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 v<~ith the most recent version of the
North Carolina Surface Rlining Manual.
d. The reclamation measures and implementation must comply ~;-ith the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
e. If the project occurs in raters or ~-atersheds classified as Primary- Nursery Areas
(PNAs), Trout (Tr), SA, «•S-I, WS-II, High Quality- (HQW~, or Outstanding
Resource (OR«~ waters. then the sediment and erosion control reauiremen*s
contained within Design Standards in Sensitive Watersheds (1 ~A ti C AC 0~! B .0124)
supersede all other sediment and erosion control requirements.
No Waste. Spoil, Solids. or Fill of Any Kind
No waste, spoil, solids. or fill of any kind shall occur in wetlands. waters. or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction'_~otification and
authorized by this written approval, including incidental impacts. All construction activities.
including the design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes. or rules occur.
4. No Sediment & Erosion Control Measures u'/n Wetlands or Waters

Applicant:
Pane 3 of 3
Date:
Sediment and erosion control measures shall not be placed in wetlands or waters v~zthout prior
approval by DWQ. If placement of sediment and erosion control devices in w-etlands and
waters is unavoidable, then design and placement of temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of ~retlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All devices shall be
removed and the natural grade restored within two (2) months of the date that the Division of
Land Resources has released the project.
5. If concrete is used during the construction, then 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/fish kills.
6. Certificate of Completion
Upon completion of all 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 Oversight/Express Review Permitting Unit.
North Carolina Division of Water Quality, 160 Mail Service Center. Raleigh. NC. 27c99-
16~0.
7. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all remaining jurisdictional and
isolated wetlands on the subject property in order to prevent future ~-etland impacts. These
mechanisms shall be put in place prior to impacting any wetlands approved for impact under
this Authorization Certificate.
8. The applicant/permittee and their authorized agents shall conduct all 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 the Division determines that such standards or laws are not bring
met, including failure to sustain a designated or achieved use, or that State or Federal 12iy is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and ma~-
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized bj~ this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act ~-ithin b0
days of the date that you receive this letter. To ask for a hearing, send a written petition, v~-hich
conforms to Chapter 150B of the North Carolina General Statutes to the Office o f Adminis4atiye

Applicant:
Page 4 of 3
Date:
Hearings, 6714 Mail Service Center, Raleigh, I.C. 27699-6714. This certification and its
conditions are final and binding unless ~-ou ask for a hearing.
This letter completes the review of the Division of Rater Qualit}- under Section 401 of the Clean
Water Act. If you have any questions. please telephone kyle Barnes of the Washington
Regional Office at 252-948-3917 or Ian McMillan in the Central Office in Raleigh at 919-71 ~-
4631.
Sincerely,
/ _ ,`,~- _ ~ T--
Al Hodge, upervisor
Division of ~~~ater Qualit~~
Surface Rater Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3404
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight,'Eapress unit
CAMA, Morehead Office
File copy
Central Files
Currituck County
Filename: 07-0 i 70

WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE
OR REPAIR CONDUCTED 8Y NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 4D i,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21.1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams -Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.

WQC #3404
• Lakes and Ponds -Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules; in effect a'
the time of application) requires written concurrence for this Certification from JWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whetherjurisdictional wetands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses° identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
5. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-I), 2B .0213 (VVS-II),
2B .0214 (WS-III) and 2B .0215 (WS-I~. Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local oovernment
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition..
perennial waters are defined as those shown as perennial waters on the mos` recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added io this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when asite-specific stormwater management plan is
required.

WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufncien::o
satisfy this Condition as long as the stormwater management plans meet or exce~~ the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject sr~,
the facilities (as approved by the Wetlands Unit) shall be constructed and operatio~,al,
and the stormwater management plan (as approved by the Wetlands Unit) sr;all be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as wel' as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without writren
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds ciassified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application fora 401 Water Quality Certification must include the appropriate fee.
If a project also requires a LAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher o` the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlancs. ro-
linear public transportation projects, impacts equal to or exceeding 15C feet per stream.
may require mitigation. In addition, buffer mitigation may be required for any protect wish
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the 3uffe~
Rules or require a variance under the Suffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina ,April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;

WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream desions
should include the same dimensions, patterns and profiles as the existing channel, tc the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation us=d for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buf`~- or
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may b~
allowed if it is necessary to maintain the physical integrity of the stream, but the appiicant
must provide written justification and any calculations used to determine the extent o`, rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water anc
aquatic life unless it can be shown to DWQ that providing passage would be impra~,,;zl.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducte~ in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands:
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Conte of
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications govemi~g
the proper design, installation and operation and maintenance of such Best Manage:~ient
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Lanc
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact w^th
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Findine of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State V
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General

WQC #3404
Certifications. For road construction purposes, this Certification shall only be util;zed from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included it the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shat! expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses o`
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective dater March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404

Certification of Completion
D~~'Q Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County-:
Certificate of Completion
Upon completion of all work approved within the 401 Water Qualit~~ Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the -?01 Oversi=ht~E.xpress Permitting Unit,
North Carolina Division of Water Quality, 160 Mail Service Center, Raleigh, NC, 2i6~9-160. Titis form may be
returned to DWQ by the applicant, the applicants authorized agent, or the project enginee-. I: ;~ not necessa~~ to send
certificates from all of these.
Applicant's Certification
1, .hereby state that. to the best of m~ abilities. due care and diligence ~~:as
used in the observation of the construction such that the construction was observed to be built ~.-ithin substantial
compliance and intent of the 401 Water Quality- Certification and Buffer Rules. the appml~ed plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Sicnature:
Date:
If this project was designed bl• a Certified Professional
1, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of m~~ abilities. due care
and dilicence was used in the observation of the construction such that the construction wzs observed to be built within
substantial compliance and intent of the 401 Water Qualits~ Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Date:
. hereby state that. to the best of m~~ abilities. due care and diligence ~°, as
conmuction such that the construction was observed to be built «~ithin substantial
Water Quality- Certification and Buffer Rules, the appro~~ed plans and specifiications,
Signature: Registration ?~ o. Date