20100466 Ver 1_Approval Letter_20100621

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 21, 2010
Dare County
NCDWQ Project No. 20100466
Improvements to NC 12
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Kevin Rose
Federal Highway Administration
21400 Ridgetop Circle
Sterling, Va 20166
Dear Mr. Rose:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
pipe replacements and road shoulder widening on NC 12 in Dare County: ,
Open Water Impacts in the Pasquotank River Basin
Open Open Water
NC 12 Water Fill Temporary
ac ac
1 0.016
2 0.007
3 0.006 -
4 - 0.035
Total 0.029 0.035
Net Total 0.064 (ac)
Impacts
The project shall be constructed in accordance with your application dated received June 7, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3820. This certification corresponds to the Nationwide Permit 14 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.
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 NCDWQ 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 214 .0506 (h) (6) and (7).
Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0200.
For this approval to remain valid, you must adhere to the conditions listed in the attached certification.
North Carolina Division of Water Quality Internet: wxrxe.ncoateroualitr.orn
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recydedl10% Post Consumer Paper
Page 2 of 4
Condition(s) of 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.
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 NCDWQ 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,
NCDWQ may reevaluate and modify this certification.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
4. Unless otherwise approved in this certification, placement of culverts and other structures in waters,
streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts
with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life. 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 streambeds or banks, adjacent to or upstream and
downstream of the above structures. The applicant is required to provide evidence that the equilibrium is
being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact NCDWQ for guidance on how
to proceed and to determine whether or not a permit modification will be required.
5. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
6. The use of rip-rap above the Normal High Water Mark 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.
7. 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.
8. 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.
9. For projects impacting waters classified by the NC Environmental Management Commission as Trout
(Tr), High Quality Waters (IQW), or Water Supply I or 11 (WSI, WSII) stormwater shall be directed to
vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-
treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated
buffers is strongly discouraged.
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, 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.
Page 3 of 4
11. 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.
12. 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.
13. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
14. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
15. A copy of this Water Quality Certification shall be maintained 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.
16. Upon completion of the project (including any impacts at associated borrow or waste sites), the authorized
agent shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when
all work included in the 401 Certification has been completed.
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 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. 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].
?utcerely,
/X\\lL_L
for Coleen H. LSullins
Director
Cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Division of Coastal Management, Elizabeth City
Sonia Carrillo, NCDWQ, 401/Wetlands Unit
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