20110820 Ver 1_Approval Letter_20110906

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NC®ER R
North Carolina Department of Enviiomnent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen li. Sullins Dee Freeman
Governor Director . Secretary
September 6, 2011
Dare County
DWQ Project No. 201 10820
NC 12 Emergency Repair
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation. , , .
1598 Mail Service Center
Raleigh, North:Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval; in accordance with the conditions.listed-below, for the following impacts for,the purpose of
the emergency repair of NC 12, including the construction of a temporary bridge over an unnamed channel in Dare
County:
Wetland Imnnett in the Pasauotank Basin "
Coastal{ ,.. Open Water
Site Nuniber.. . VYetlands Fill' Fill
ac ac.
NC 12 0.03 <0.01.
The project shall be coristnicted in accordance with your application dated receiiied via e-mail September 2, 2011.
After reviewing your application, we. have decided that these impacts are covered by General Water Quality
Certification Number 3701. This certification corresponds to the Nationwide Permit 23'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 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 Weiland fills for thins project (now-or inthe 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 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed m 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.
North Carolina Division of Water Quality Internet: scstw.nce;ttttgPulit?' o? One
943 Washington Square Mall Phone: [phone] NorthCarolina
Washington, NC 27889 FAX [phone] Natumill
An Equal Opportunity/Affirmative Action Employer-50% RecyrdWO%Post Consumer Paper
Page 2 of 4
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. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
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. 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.
6. There shall be no excavation from, or waste disposal into, jurisdictional wetland's 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.
7. 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'standar&
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,Sedimeni 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 Martial. 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 Swface Mining
Manual.
d. The reclamation .measures.and,implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
8. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery., .
9. 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.
10. 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.
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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 15013 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].
/nice Ir
for Coleen Su ms
Attachments (General Certification and Certificate of Completion form)
cc: 'Clay Willis, DOT Division I Environmental Officer
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Stephen Lane, DCM, Morehead City
Cathy Brittingham, DCM, Raleigh
Sonia Carrillo, NC DWQ, 401/Wetlands Unit
File Copy