20070584 Ver 1_Approval Letter_19840705

~F W'4TF9 Michael F. Easley, Governor 'i; h~b4
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~ William G. Ross Jr., Secretary
North Cazolina Department of Envvonment and Natural Resources
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Alan W. Klimek, P.E. Director
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e~C~ Apri118,2007
DWQ No. 20070584
Hyde County
Mr. Anthony Roper, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Re: Hyde County, Replacement of Bridge No. 49 over Try Yard Creek on NC 12, Ocracoke
State Project No. 41481; Try Yard Creek [29-83; SA, HQW]
APPROVAL of TAR-PAMLICO RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Deaz Mr. Roper,
You have our approval, in accordance with the attached conditions, for 120 square feet of temporary impacts to protected
riparian buffers in Zone 1, 180 square feet of temporary impacts to protected riparian buffers in Zone 2, and 14 square feet of
stream impact due to pile structures for the purpose of replacing Bridge Number 49 over Try Yard Creek on NC 12 in Hyde
County. The project shalt be constructed according to your application dated March 22, 2007, and any conditions listed below.
This approval shall act as your Authorization Certificate as required within the Tar-Pamlico River Riparian Buffer Rules (15A
NCAC 2B .0259). In addition, you should get any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
This approval is only valid for the purpose and design that you described in your application dated March 22, 2007. If you
change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all
conditions. For this approval to be valid, you must follow the conditions listed below.
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 Authorization 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 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.
3. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills.
4. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
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.
l.~o°C Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] ~QtllCll~i!!f
FAX [phone] Internet: www.ncwaterquality.org
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17. Bridge deck drains should not discharge directly into the stream. Stormwater should be directed across the bridge and pre-
treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the
stream. Please refer to the most current version of Stormwater Best Management Practices.
18. A copy of this Authorization shall be maintained on site at the construction site at all times. In addition, the Authorization
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 authorization, 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 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This
authorization 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 the "No Practical Alternatives" determination required
in 15A NCAC 2B .0259(8). If you have any questions, please contact Garry Ward at 252-948-3922.
S' cerely,
for Alan W. Klimek, P.E.
Director
cc: 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

O~O~ W AT ~9QG
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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 4O1/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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 observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care 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 Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Date:
Partial Final
I, , as a duly registered Professional Engineer 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 my abilities, due care 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 Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
N~a1~Caro ~ a
Transportation PennitEing Unit tural~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet h#tp:l/h2o.enr.state.nc.usincwetlands
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
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