20110597 Ver 1_Approval Letter_20110801

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NCDEN6t
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August I, 2011
Pasquotank County
DWQ Project No. 20110597
SR 1354 road improvements
APPROVAL oI401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr: Clay Willis
NCDOT, Division One
113 Airport Drive, Suite 100
Edenton, NC 27932
Deazivtr. Willis:
You have our approval, in accordance with the conditions listed below; for the following impacts for the purpose of
the widening of SR 1354 (Millpond Rd) in Pasquotank County:
Wetland Impacts in the Pasquataok Basin
Wetland Fill
Site Number
acres
SR 1354 0.068
The project shall be constructed in accordance with your application dated received June 24, 2011. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification 3820. This
certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should
acquQe 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 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 of iota]
impacts to streams (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 [o the
conditions listed in the attached 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 D WQ determines that such standards or
laws are not being met (including [he 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.
North Carolina Division of Water Quality Internet: www nava[emualih~.°re One
943 Washington Square Mall Phone: [phone] NO l7Cai011na
Washington, NC 27889 FAX [phone] ~aturalty
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3. Pipes and culverts used exclusively to maintain equilibrium th wetlands, where aquatic life passage is not a
concern, shall not be buried These pipes shall be installed at natural ground elevation.
4. 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.
5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
6. All mechanized equipment operated neaz surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
7. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
8. The outside buffer, wetland or water boundary located within the construction corridor approved by this
cerlificafion 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.
9. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of
construction.
10. There shall be no excavafion from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification 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.
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 Desrgn 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 th the most recent version of the
North Carolira Sediment and Erosion Contro! Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractorowned or leased
borrow pits associated with the project.
c. .For bortow pi[ 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. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
13. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
14. Upon completion of the project (including any impacts at associated borrow or waste site), 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.

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15. A copy of this Water Quality Certification shall be maintained on site at 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 I SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mai] Service
Center, Raleigh, N.C. 27699. This certification and its conditions are fma] 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].
cerel
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for Co een Sullins
Attachments (General Certification and Certificate of Completion form)
cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Oftce
Garcy Ward, NC DWQ, Washington Regional Office
File Copy