20120577 Ver 1_Approval Letter_20120615

'AT
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality y
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary '
June 15 2012
Perquunans County
NCDWQ Project No 20120577
Road improvements on SR 1465
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 widening and
paving of SR 1465 (Goosenest Ln) in Perquimans County
Wetland Impacts in the Pasquotank River Basin
SWetland
Fill
Wet(RC)
SR 1465
1 0 008
The project shall be constructed in accordance with your application dated received June 11 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 Nationwide Permit 14 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 lunited 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 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 m the future) exceed 150 linear feet compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h)
(6) and (7) Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 213 0200 For
this approval to remain valid you must adhere to the conditions listed in the attached certification
North Carolina Division of Water Quality Intemet www newaterqual4v.org One
943 Washington Square Mall Phone [phone] NorthCarolllla
Washington NC 27889 FAX [phone]
An Equal OpportunitylAffinnalsve Action Employer-60% Recycled110 %, Post Consumer Paper naturally

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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 w
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 r
assure compliance DWQ may reevaluate and modify this certification
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 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 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
4 Pipes and culverts used exclusively to maintain equilibrium in wetlands where aquatic life passage is not a concern shall not be
buried These pipes shall be installed at natural ground elevation
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 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and
streams shall be restored to natural geomorphic conditions
7 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
8 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this
certification
9 The outside buffer wetland or water boundary located within the construction corridor approved by this certification shall be
clearly marked by highly visible fencing prior to any land disturbing activities Impacts to areas within the fencing are prohibited
unless otherwise authorized by this certification
10 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
11 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 m 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

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S �
12 Sedmient and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification
13 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
14 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
15 Upon completion of the project (including any unpacts at associated borrow or waste site) the NCDOT Division Engineer shall F
complete and return the enclosed Certification of Completion Form to notify DWQ when all work included in the 401
Certification has been completed
16 A copy of this Water Quality Certification shall be maintained on site at the construction site at all tines 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 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]
Acolceen erely
for H Su ms '~
Director
Cc Bill Biddlecome US Army Corps of Engineers, Washington Field Office
Paul Williams Division of Coastal Management Elizabeth City
Sonia Carrillo NCDWQ 401 /Wetlands Unit
File Copy

NCDWQ Project No
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
County
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\I
Certificate of Completion 7
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 this certificate to the 401 Transportation Permitting Unit North Carolina Division of
Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to NCDWQ by the applicant the
applicant s authorized agent, or the project engineer It is not necessary to send certificates from all of these
Applicant's Certification
I , hereby state that to the best of my abilities due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Agent's Certification
I , hereby state that to the best of my abilities due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications and other supporting materials
Signature
Engineer's Certification
Date
Partial Final
I as a duly registered Professional Engineer m the State of North Carolina having
been authorized to observe (periodically weekly full tune) the construction of the project for the Permittee hereby state that to the
best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supporting materials
Signature Registration No
Date