20120481 Ver 1_Approval Letter_20120615

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles wa it , P. E. Dee Freeman
a
Governor Director Secretary
June 15, 2012
Janes Freeman, City Manager
City of Havelock
1 Government Avenue
Havelock, NC 28532
DWQ Project 12-0481
Craven County
Subject Property: Havelock Church Road Utility Relocation
ation
Southwest Prong Slocum Creep [ NEU10, - (104), NSW, C, w]
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 ' impact 40 feet of stream for the purpose of
installing new sewer pipe at the subject property, as described within your
application dated May 4, 2012 and received by the N.C. Division of water Quality
(DWQ)on May 1, 2012. After reviewing your application, the proposed impacts
are covered by General water Quality Certification Number (s) (GC3884). The
Certification(s) allows you to use Nationwide Permit 12 when issued by the U
Array Corps of Engineers U A E . 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.
Thi 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 u
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.
The Additional Conditions of the Certification are:
1. Impacts Approved
Forth Carolina Division of Water Quality lntemel: www.nmaterqualfty,or
943 Washington Square Mall Phone: 252 - 946 -6481 One
Washington, NC 27889 FAX [phone] NofthCarohna
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The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification r Isolated Wetland Permit) are reset.
No other impacts are ppr v d including incidental impacts:
3. Sensitive Watershed Erosion and Sediment Control Practices
The Division. f 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 f such Best Management Practices in order to protect surface
waters standards:
. The erosion and sediment control measures for .the project must be
designed,, installed, operated, and maintained in accordance with the
most recent grin of the North Carolina Sedimen and Eroslon Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance f the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent grin of the North Carolina
Sediment n r ,slon Control Manual. The devices shall be maintained
on all construction sites, borrow, sites, and waste pile (spoil) projects,
including contra ctor -ownd 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 Nor th Carofina Surface iningF Manual.
d. The reclamation measures and implementation must t mpl r with the
reclamation in aordno with the requirements f the Sedimentation
Pollution Control Act and the Mining Act of 1971.
. If the project occurs in waters or watersheds classified as Primary Nursery
Areas PNAs , Trout jr), SA, WS-1, -II, High Quality (HQ W), or
Outstanding Resource (DEAN) waters, then the sediment and erosion
control requirements contained within Design Standards ire Sensitive
Amount Approved
(Units)
Plan Location or
Reference
Stream
40 (feet)
Plan Sheets included
with application
404 /CAMA
Wetlands
(acres)
Waters
(acres)
1. Buffers
(s uare ft.)
3. Sensitive Watershed Erosion and Sediment Control Practices
The Division. f 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 f such Best Management Practices in order to protect surface
waters standards:
. The erosion and sediment control measures for .the project must be
designed,, installed, operated, and maintained in accordance with the
most recent grin of the North Carolina Sedimen and Eroslon Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance f the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent grin of the North Carolina
Sediment n r ,slon Control Manual. The devices shall be maintained
on all construction sites, borrow, sites, and waste pile (spoil) projects,
including contra ctor -ownd 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 Nor th Carofina Surface iningF Manual.
d. The reclamation measures and implementation must t mpl r with the
reclamation in aordno with the requirements f the Sedimentation
Pollution Control Act and the Mining Act of 1971.
. If the project occurs in waters or watersheds classified as Primary Nursery
Areas PNAs , Trout jr), SA, WS-1, -II, High Quality (HQ W), or
Outstanding Resource (DEAN) waters, then the sediment and erosion
control requirements contained within Design Standards ire Sensitive

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Watersheds (15A NCAC 04B .9124) supersede all other sediment and
erosion control requirements.
5. No Waste, oil 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 awpproval, including incidental impacts.
All construction activities,, including the design, installation, operation, and
maintenance -of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state grater quality standards, statutes, or rules
ou r.
6. No sediment &Erosion control Measures ure In-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 graters 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 bawnks, adjacent to or
upstream and don stream of the above structures. All devices shall be removed
and the natural grade restored within two months of the date .that the division
of Land Resources has released the project.
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 ply
and possible aquatic life /fish kills.
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 N
Sediment and Erosion Control Manual, or the NC DOT Construction and
Maintenance a Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize a excavation in flowing water.
9. Protective Fend[
The outside buffer, wetland or grater 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, - 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

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requirements resulting from compliance with section d of the clean Water
Act) and any other appropriate requirements of State law and federal lave. 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 DV
determines that such- standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that State r federal law is being
violated, or that further conditions are necessary to assure compliance, DV
may reevaluate and modify this certification to include conditions appropriate t
assure compliance with such standards and requirements in accordance with
15A NCAC 2H. 7 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 2M. 0503 and provide opportunity for public hearing
in accordance with 15A NCAC 21-x.0584. Any new or revised conditions shall be
provided to the city of Havelock in writing, , sharll be provided to the United States
Array corps of Engineers -for reference in any prrit issued pursuant t' Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
11. Sever Sy terns
The project shall comply with 15A NCAC 2H . 21 i 2 G and all other State,
Federal and local sever systems regulations.
12. certificate of completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer mules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401
Oversight/Express l eview Permitting Unit, North Carolina Division of Water
Quality., 1650 flail Service Center, Raleigh, N, 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 aw written petition, which conforms to Chapter 150B of the forth
Carolina General Statutes to the Office of Administrative Hearings, 6714. flail
Service Center, Raleigh, igh, N.C. 276 -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 hater Act 15A NCAC 02H. .0500. If you have any questions,, please

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telephone Amy Adams of the Washington Regional Office at 252 -948 -3917 or Ian
McMillan of the 401 Oversig ht E l r ,Unit at 919 - 807 -6364
in ce re I
For Chuck 1 a kild, P.E.
Enclosures: Certificate of Completion
GC 3884
William Wescott, Corps of Engineers Washington Regulatory Field Office
DWQ 401 WeBSCaPe Unitt
DM, Doug Huggtt, Morehead District Office
DLl, Pat McClain
File copy
Kn Arrance, Hazen and Sawyer., P.C.
4011 West Chase Blvd., Suite 500, Raleigh, NC 27606
Filename: 12-0481