20070457 Ver 1_Approval Letter_20070326

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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
~~~~ r'p ~ March 22, 2007
9 ~-' ~~ Hyde County
~~'~~' `~ DWQ Project No. 20070457
~~~
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Anthony Roper, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Dear Mr. Roper:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Site Number Streams (linear feet) Streams (acres)
Site 1 10 0.001
The project shall be constructed. in accordance with your applications dated March 6, 2007 and March 9, 2007 for the purpose
of the reinforcement of Bridge # 21 over Waupopin Canal on SR 1311 (North Lake Road) in Hyde County. After reviewing
your application, we have decided that these impacts aze covered by General Water Quality Certification Number 3624. This
certification corresponds to the Nationwide Permit 3, issued by the Corps of Engineers. This approval is .also valid: for the
Tar-Pamlico 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 supercedes Condition 13 of General Certification 3624 issued on March 19, 2007}.
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 1501inear 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.) Upon completion of the project, 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.
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 DWQ determines that such standazds 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
3.) 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.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet: vvuvw.ncwaterquality.org
An Equal Opportunity/Affirmative Action Empbyer - 5096 Recycled110°'o Post Consumer Paper
Nye Cazolina
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4.) 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.
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.) 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.
7.) The use of rip-rap above the Normal High Water Mazk 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.
8.) Heavy equipment may be operated within the stream channels however, its usage shall be minimized.
9.) 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.
10.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
11.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
12.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification.
13.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
14.) 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.
15.) All stonmwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
16.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstntction 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 azeas 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.

17.) Pursuant to NCAC 15A 2B .0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Taz-
Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1, outside of the approved project impacts, 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.
18.) 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 Wazd at [phone].
S' cerel ,
L
for Alan nne
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 1 Environmental Officer, NCDOT
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, NC DWQ, 401/Wetlands Unit
Central Files
File copy

WQC #3624
GENERAL CERTiFtCATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 3 (MAINTENANCE),
4 (FISH AND WILDLIFE HARVESTING DEVICES AND ACTIVITIES),
5 (SCIENTIFIC MEASUREMENT DEVICES), 6 (SURVEY ACTIVITIES),
7 (OUTFACE STRUCTURES AND ASSOCIATED INTAKE STRUCTURES), 19 (25 CUBIC
YARDS OF FILL), 20 (OIL SPILL CLEANUP), 22 (REMOVAL OF VESSELS), 25 (STRUCTURAL
DISCHARGE), 30( MOIST SOIL MANAGEMENT FOR WILDLIFE), 32 (COMPLETED
ENFORCEMENT ACTIONS), 36 (BOAT RAMPS [IN NONWETLAND SITES]), 45 (REPAIR OF
UPLANDS DAMAGED BY DISCRETE EVENTS), 47 (PIPELINE SAFETY PROGRAM
DESIGNATED TIME SENSITIVE INSPECTIONS AND REPAIRS), AND 48 (EXISTING
COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), AND REGIONAL PERMIT
197800056 (PIERS, DOCKS AND BOATHOUSES) AND REGIONAL PERMIT 197800125 (BOAT
RAMPS), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401; Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 26 .0200 for the
discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the
Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification Number 3376 issued on March 18, 2002 and WQC Number 3494
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any
of these Nationwide or Regional Permits or when deemed appropriate by the Director of the
Division of. Water Quality.
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:
These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. tf any condition in this
Certification cannot be met, application to and written concurrence from DWQ are
required. Also, Condition No. 8 is applicable to all streams in basins with riparian area
protection rules;
2. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by DWQ or the Division of Land Resources, this General Certification
requires application to and prior written concurrence from the Division of Water Quality;
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 Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DER) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
4. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources
has released the project;

WQC #3624
5. If an environmental document is required, this Certification is not vaNd until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. Access roads constructed for any of these permits shall be constructed so as to
minimize wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall be re-vegetated with native.
species which shall be in place within three months following construction or before
initiation of the next growing season;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence fora 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
9. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence from DWQ in accordance
with 15A NCAC 28.0200. 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 (whether jurisdictional wetlands 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;
10. 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 and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium 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 in writing by DWt~. 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
destabilization of streams or wetlands. If more than 150 linear feet of additional stream is
filled, culverted, rip-rapped: relocated, excavated or dredged as a result of this permit,
then an application to DWQ is needed and compensatory mitigation may be required;
11. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
12. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions .for
design and construction specified in 15A NCAC 07H .1405.
13. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover let#er from DWQ or on the same day as the

WQC #3624
expiration date of these corresponding Nationwide and Regional General Permits,
whichever is sooner;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice
of Violation from the Division of Land- Resources and/or the Division of Water Quality are
required to submit a complete application end receive written concurrence to use this
Certification regardless of the proposed impact amount to streams, wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the most recent
version of the Cert~cation of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
16. Standard Erosion and 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
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 Notification. 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.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or Locally delegated
program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.

J
WQC #3624
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Centification for any project in this category of activity ff it is determined
that the project is likely to have a significant adverse effect upon water quality inGuding state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the. wetland or downstream waters are precluded.
Public hearings may beheld forspecific 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 date: 19 March 2007
DIVISION OF WATER QUALITY
By
OCr n
Alan W. Klimek, P.E.
Director
WQC # 3624
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