20111030 Ver 2_Approval Letter_20120410

A�r��.�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
April 10, 2012
James Freeman, City Manager
City of Havelock
1 Government Avenue
Havelock, NC 28532
,
DWQ Project # 11- 1030V2
Craven County
Subject Property: Havelock WWTP Expansion and Neuse River Outfall
Neuse River [ NEU10, 27- (104), SB, Sw, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Freeman:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise permanently impact 0.0975 acres of wetlands
and temporarily impact 0.784 acres of wetlands and temporarily impact 114 feet of
streams for the purpose of constructing 5.6 miles of force main on the USMCAS and
0.6 miles of discharge pipe into the Neuse River at the subject property, as
described within your application dated November 21, 2011 and received by the
N.C. Division of Water Quality (DWQ) on December 1, 2011 with additional
information received on January 19, 2012. After reviewing your application, the
proposed impacts are covered by General Water Quality Certification Number(s)
(GC3884). The Certifications) allows you to use Nationwide Permit(s) 12 when
issued by the US Army Corps of Engineers (USACE). 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 and Non - discharge 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 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed
below.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone] one
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Naturally

Page 2 of 5
The 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:
Waters I (acres)
Buffers I (square ft.)
2. Handling of wetland soils within utility corridors
The mixing of topsoil and subsoils within the wetlands along utility corridors shall
be minimized to the greatest extent practical. During excavation, the soils shall
be placed on fabric to minimize impacts whenever possible. Topsoil excavated
from utility trenches will be piled separately from subsoils and will be backfilled
into the trench only after the subsoils have been placed and compacted.
Along utility corridors within wetlands, grub stumps only as needed to install the
utility and cut remaining stumps off at grade level.
The general stripping of topsoil within wetlands along the utility corridor is not
permitted.
3. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A
NCAC 04B .0124) must be adhered to throughout the life of this project.
4. Erosion & Sediment Control Practices
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

Page 3 of 5
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 cQntr9[peasures must be
designed, installed, operated, and maintained. ir' "accdrdaMice 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 and the Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery
Areas (PNAs), Trout (Tr), SA, WS -I, WS -II, High Quality (HQW), or
Outstanding Resource (ORW) waters, then the sediment and erosion
control requirements contained within Design Standards in Sensitive
Watersheds (15A NCAC 04B .0124) supercede all other sediment and
erosion control requirements.
5. 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 and authorized by this written approval, including incidental impacts.
All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Rest Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules
occur.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
without prior approval by DWQ. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, then design and placement of
temporary erosion control measures shall not be conducted in a manner that may
result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. All devices shall be removed
and the natural grade restored within two (2) months of the date that the Division
of Land Resources has released the project.
7. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH
and possible aquatic life /fish kills.

Page 4 of 5
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved best management practices from the most current version of the NC
Sediment and Erosion Control Manual, or the NC DOT Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
9. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer, wetland or water prior to any
land disturbing.
10. Re- opener" Clause
The City of Havelock and its authorized agents shall conduct its 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. The
City of Havelock shall require its contractors (and /or agents) to comply with all of
the terms of this Certification, and shall provide each of its contractors (and /or
agents) a copy of this Certification. A copy of this Certification shall be included
in the construction contract and available on the job site at all times. 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 to include conditions appropriate to
assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify the
City of Havelock and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing
in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to the City of Havelock 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. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State,
Federal and local sewer systems regulations.
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

Page 5 of 5
Oversight /Express Review Permitting 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.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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, 6714 Mail
Service Center, Raleigh, N.C. 27699 -6714. 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 15A NCAC 02H. .0500. If you have any questions, please
telephone Amy Adams of the Washington Regional Office at 252 - 948 -3917 or Ian
McMillan of the 401 Oversight /Express Unit at 919- 807 -6364
Sincerely,
For Chuck Wakl , P. .
Enclosures: Certificate of Completion
GC 3819
cc: William Wescott, Corps of Engineers Washington Regulatory Field Office
DWQ 401 WeBSCaPe Unit
DCM, Doug Huggett, Morehead District Office
DLR, Pat McClain
File copy
Filename: 11 -1030 HavelockWWTP ReissueV2 /aa