20110584 Ver 1_Approval Letter_20110816

mA
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
August 16, 2011
Town of Morehead City
Attn: Randy Martin
706 Arendell Street
Morehead City, NC 28557
DWQ Project # 11 0584
Carteret County
Subject Property: Little Nine Road Extension, Morehead City
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Martin:
You have our approval, in accordance with the attached conditions; to permanently impact 0.4999 acres
of wetlands for a road crossing on the subject property. This crossing is described in your application
dated May 31, 2011 received by DWQ Wilmington Regional Office (WiRO) on July 8, 2011 and
additional information received on August 11, 2011. After reviewing your application, it has been
determined that the impacts are covered by General Water Quality Certification Number(s) 3820
(GC3820). The Certification allows you to use Nationwide Permit 14 when 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, Non-discharge, and stormwater regulations. 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 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 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 15A NCAC 2FI .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed on the following pages.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] /FAX: [phone]
Internet: vvevvvncwateraualifv oro
An Equal Opportunity/Affirmative Action Employer
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Customer Service 1-877-623-6748
Page Two
Town of Morehead City
Attn: Randy Martin
DWQ # 11 0584
August 16, 2011
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 Approved (tJnits) Plan Location or Reference
Stream N/A feet
404 Wetlands 0.4999 acres Revised Sheet 2 of 4 (attached)
partial drawing
2. No Waste, Spoil, Solids, or Fill of Any Kind
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.
3. No Sediment & Erosion Control Measures within Wetlands or Waters
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 has released the project.
4. Sedimentation and Erosion Control
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.
Page Three
Town of Morehead City
Attn: Randy Martin
DWQ # 11 0584
August 16, 2011
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. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that
is to be left undisturbed.
6._ Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor as
depicted on the jurisdictional determination map signed by the US Army Corps of Engineers.
The wetland boundary identification (flagging, fencing, etc.) must be maintained until the project
is completed.
7. Culverts
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. 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 shall be maintained if requested in writing by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
8. Dewatering of Construction Site
Dewatering of the construction site, if required, shall be accomplished by pumping to a
maintained silt bag or approved silting basin. Silt bags are not allowed to overcharge and release
sediment to surface waters or wetlands. Silt bags will not be located within any wetland or
surface water.
9. As- Builts
You shall provide an as-built survey (either elevation shots or cross-sections), certified by a
licensed, professional land surveyor, of the project area within 30 days of the completion of the
project. The survey shall include the amount of wetlands impacted in the project area.
Page Four
Town of Morehead City
Attn: Randy Martin
DWQ # 11 0584
August 16, 2011
10. Continuing Compliance:
Morehead City and its authorized agents and/or contractors, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. If the Division 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, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Morehead City and its authorized agents and/or contractors
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2110503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any
new or revised conditions shall be provided to Morehead City and its authorized agents and/or
contractors in writing, shall be provided to the United States Army Corps of Engineers for reference
in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
11. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required.
12. 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, 27699-1650.
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 impacts 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.
Page Five
Town of Morehead City
Attn: Randy Martin
DWQ # 11 0584
August 16, 2011
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,.NC 27699-1601
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 telephone Ian McMillan in the Central Office in Raleigh at
919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3820
Certificate of Completion
cc: F. Tyndall Lewis - McDavid Associates, Inc
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Christy Wicker - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
WiRO
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