20110668 Ver 1_Approval Letter_20110902

NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - Coleen H. Sullins Dee.Freeman..:.
Governor : Director Secretary
September 2, 2011
Pasquotank County
DWQ Project No. 20110668
Pipe replacement SR 1469
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. C1ay.Willis..
NCDOT, Division One :•
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
a pipe.replacement on SR 1469 (Sandy Rd.) in Pasquotank County:
Stream impacts in the Pasauotank River Basin
The project shall be constructed in accordance with your application dated received July 13, 2011. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification 3687. This
certification corresponds to the Nationwide Permit 3 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-Dischargeand Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit.
This approval is valid solely far 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 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 in the aftached 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 shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
North Carolina Division of Water Quality Internet www ncwaternualitv.ore ?,p ne
943 Washington Square Mall Phone: [phone] NO Carolina
Washington, NC 27889 FAX [phone]turQllj/
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3. 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 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..
4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams 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,notbe conducted in a manner that may result indis-
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. 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.
7. 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.
8. 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.
9. 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. .
10. Heavy equipment shall be operated from the:banks rather than in the stream channel in order to minimize ,
sedimentation and reduce the introduction of other pollutants into the stream.
11. 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.
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.:
13. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed sized and installed.
14. Discharging hydroseed mixtures and washing outhydroseeders and other equipment in or adjacent to surface
waters is prohibited.:.
15. 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.
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16. There shall be no excavation 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.
17. Erasion 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.
18. The Petmiuce shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
19. 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.
20. 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 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 AcL If you
have any questions, please contact Garry Ward at [phone].
I(I ? J
Attachments (General Certification and Certificate of Completion form)
cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Sonia Carrillo, DWQ, 401/Wetlands Unit, Raleigh NC
File Copy