20120671 Ver 1_Approval Letter_20120810

Beverly Eaves Perdue
Governor
I�CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality 4400
+
Charles Waklld P E
Director
reeman
I it 1111
August 10 2012
t , Martin County ,
NCDWQ Project No 20120671
y Road improvements on SR 1325
' P 1 - t
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
1 I
Mr Clay Willis +
NCDOT Division One + +�
113 Airport Drive Suite 100
Edenton NC 27932
Dear Mr Willis
You have our approval m accordance with the conditions listed below for the,following impacts for the purpose of the widening and
paving of SR 1325 (Old Cotten Rd) in Martin County p r + {
Stream Impacts in the Roanoke River Basin
Site
Stream
linear ft
1
12
2
14
3
10
Total
361f
The project shall be constructed in accordance with your application dated received July 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 limited 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 in 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 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 Intemet www.ncwaterqualrtv.ore
943 Washington Square Mall Phone [phone]
Washington NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50/ Recycled /10%o Post Consumer Paper
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�CSPOtura!!y

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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 perm►ttee 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 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
3 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval
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 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 limitmg 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 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
6 The stream channel shall be excavated no deeper than the natural bed material of the stream to the maximum extent practicable
Efforts must be made to minimize impacts to the stream banks as well as to vegetation responsible for maintaining the stream
bank stability Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native riparian species
7 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
8 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
9 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
10 During the construction of the protect no staging of equipment of any kind is permitted in waters of the U S or protected
riparian buffers
11 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodpla►ns and
streams shall be restored to natural geomorphic conditions
12 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
13 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this
certification
14 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

Page 3 of 4
15 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
16 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
17 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification
18 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
19 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
20 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
21 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 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]
incerel
for Chuck Wakil
Director
Cc Bill Biddlecome US Army Corps of Engineers Washington Field Office
Sonia Carrillo NCDWQ 401 /Wetlands Unit
File Copy