20070462 Ver 1_Approval Letter_20070320

O~O~ W AT ~9~G
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March 20, 2007
Mr. Doug Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949-5266
Subject Property: Queenswood Subdivision
Blount Road SR 1135
Pasquotank County
Michael F. Easley, Governor
William G. Ross Jr., Scaaary
North Carolina Department of Environmeat aad Natural Resources
Alan R'. I:limek P.E. Dire.°tor
Division of W"ater Quality
DWQ EXP # 2007-0462
Approval of 401 Water Quality Certification R-ith Additional Conditions-Express Review Program
Dear Mr. Dorman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 781inear feet of stream for the purpose of placement of CMP (701inear feet)
and associated riprap at outlet for scour protection (8 linear feet) at the subject location. as described
within your application dated March 13, 2007 and received by the N.C. Division of Water Quality
(DWQ) on March 14, 2007. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 3494 (GC3494). The Certification allov~-s you to
use Nationwide Permit 3 issued by the US Army Corps of Engineers (USAGE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control. and Non-discharge. Also,
this approval to proceed with your proposed impacts or to conduct impacts to waters 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 you change -our
project, you must notify us and you may be required to send us a new application. If the propem' 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 1 ~A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below .
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:
Amount A roved (Units) i Plan Location or Reference
Stream 78 (feet) i Road Cross Pi e
404/CAMA Wetlands (acres)
Waters 0 (acres)
401 Oversight I Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: htto://h2o.enr.s*.ate.nc.usincwetianas
orthCarolina
,,'l~ahlluQy
An Equal OpportunirylAffirmative Action Employer- 50% Rerycled/10°~ Post ~o^sume~ ~aae-

Buffers 0 (s uare ft.)
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 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 IManual. 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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands. eaters, or riparian areas be~~ond
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or V~'aters
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 «etlands and waters
is unavoidable, they shall be removed and the natural grade restored within sip months of the date
that the Division of Land Resources has released the project.
~. 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/Wetlands Unit, North Carolina Division of Water Quality.
1650 Mail Service Center, Raleigh, NC, 27699-160.
6. Additional Conditions
Placement of culverts and other structures in waters, streams, and wetlands shall be placed belov~~
the elevation of the streambed by one foot for all culverts with a diameter greater that 48 inches.
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to alio~~
low flow passage of water and aquatic life. Design and placement of cuh-err~ and other structures
including temporary erosion control measures shall not be conducted in a manner t:'tat may result

in disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of
the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in v~Titing by DWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC D~VQ for
guidance on how to proceed and to determine whether or not a permit modification a-ill be
required.
If concrete is used during construction, a dry work area should be maintained to prevent 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.
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.
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.
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 designed or achieved use) or that State and Federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modifz~ this
certification.
All fill slopes located in jurisdictional wetlands shall be placed at slopes ne flatter than 3:1, unless
otherwise authorized by this certification.
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 an_y, shall be
maintained with the on-site project manager.
Violations of any condition herein set forth may result in revocation of this Certification. and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed il-npacra or to conduct
impacts to waters as depicted in your application and as authorized by 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 within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1~OB of
the North Carolina General Statutes to the Office of Administrative Hearings, 671 ^ Mail Service Center.
Raleigh, N.C. ?7699-6714. This certification and its conditions are final and binding unless ~~ou ask for a
hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Roberto Scheller at 252-948-3940 in the V~'ashington
Regional Office.
Sincerely,
For ~ Alan W. Klimek. P.E.
Enclosures: GC 3494
Certificate of Completion
cc: USACE Washington Regulator' Field Office
DLR Washington Regional Office
File Copy
~~ 401 Unit/Central Files
Filrn~ne: 20:'-(~6~

o~~~ WArF9oG
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DWQ Project No.: County:
Applicant:
Protect Name:
Mid'~ael F_ Easley. Governor
Wilfian G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resouroas
Alan W. laimek, P.E. Director
Division of Water QuafAy
Date of Issuance of 401 Water Quality Certifi~tion or Suffer Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certincation or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certit3cate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 160 Mail Service Center. Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent. or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the obse:~-ation of the construction such that the construction. «-z; observed to
be built within substantial compliance and intent of the 401 Water Qualit. Certification and Buffer
Rules, the approved plans and specifications. and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due caze
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Qualit<• Certification and Buffer
Rules, the approved plans and specirtcations. and other supposing materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Su-ti•evor, etc.) in the State of?vorth Carolina, having beer. authorized
to observe (periodically, weekly, r~'_l time) the construction of the project. for the Perazitee hereb~• stare
that, to the best of my abilities, due ;,are and diligence ~~•as used in the observation ofine construction.
such that the construction was obs~:-ved to b~ built within substantial compliance and inter: of the 40?
Water Quality Certification and Bt:*er Rules. the approved plans and specincations.:md other
supporting materials.
Signature Registration No.
Date
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N~~~r~
North Carolina Division of V~rater Quality. 401 Wetlands Certification Unr.
1650 Mail Serv,c~ Center, Raleigh, NC 27699-1656 (Mailing Ao~ress)
2321 Cra~tree Blvd.. Raleigh, NC 276042260 (Location)
919-733-1786 (phony:. 919-73~ 6893 (fax), htp://h2o.enr.state.nc.us.%ncwetlands~