20110256 All Versions_Approval Letter_20120424

Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
P
April 24 2012
Dare County
NCDWQ Protect No 20110256 v 2
Bonner Bridge repair
B 5014 B
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Clay 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 the emergency
repair of Bonner Bridge in Dare County
Open Water Impacts in the Pasquotank River Basin
Site
Open Water Fill
Open Water Fill
NorthCarohna
Perm ac
Temp ac
Bents
028
0 045
158 162
The project shall be constructed in accordance with your application dated received April 18 2012 After reviewing your application
we have decided that these impacts are covered by General Water Quality Certification Number 3886 This certification corresponds
to the General Permit 31 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 Etoston Control Non Discharge and Water Supply
Watershed regulations This approval will expire with the accompanying 404 permit
I his approval is valid solely for the purpose and design described in your application (unless modified below) All the
authorized activities and conditions of certification associated with the original Water Quality Cettification dated March
23 2011 still apply except where superceded by this certification Should your project change you must notify the
NCDWQ 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) Additional buffei impacts
may require compensatory mitigation as described in 15A NCAC 2B 0200 For this approval to remain valid you must
adhere to the conditions listed in the attached certification
North Carolina Division of Water Quality Internet www.newaterqualrty.ora
One
943 Washington Square Mall Phone [phone]
252 946 9215
NorthCarohna
Washington NC 27889 rAX
An Equal OppodunitylAffirmative Action Employer— 50 / Recycled/10 / Post Consumer Paper
Natmally

Page 2 of 4
Condition(s) of 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 a 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification
3 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for
approval
4 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
5 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
6 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
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 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
8 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
9 A copy of this Water Quality Certification shall be maintained on 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
10 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer
shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the
401 Certification has been completed

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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 d ite that you ieceive this letter To ask for a hearing send a written petition that conforms to Chapter 150B 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]
mcerely
I�
for Chuck akild P
Directoi
Cc Bill Biddlecome US Army Corps of Engineers Washington Field Office
Paul Williams Division of Coastal Management Elizabeth City
Sonia Carrillo NCDWQ Transportation Permitting Unit
File Copy