20120970 Ver 1_Approval Letter_20121220

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waldid, P. E. Dee Freeman
Governor Director Secretary
December 19, 2012
Hertford County
NCDWQ Project No. 20120970
Hertford Rail Spur
REVISION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr, Ray Hales
Structural Coatings Hertford
8027 Highway 70 West
Clayton, NC 27520
Dear Mr. Hales:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing a rail
spur from the existing track to service an existing steel facility in Hertford County:
Wetland Impacts in the Chowan River Basin
Site
Wetland Fill
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0.25
The project shall be constructed in accordance with your application dated received October 19, 2012 and revised information dated
received November 19, 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 Qualitq Internet www.ncwatergualil� One
943 Washington Square Mall Phone: [phone] �.} 1
Washington, NC 27889 FAX [phone] NorthCarohna
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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.e. 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 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. 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. 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. 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.
8. 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.
9. 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.
10. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
11. 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.

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12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery,
13. Upon completion of the project (including any impacts at associated borrow or waste site), the applicant or authorized agent shall
Complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
14. 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 project 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.G. 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 (252) 948 -3922.
cerely,
for Chuck Wakild, P.E.
Director
Attachments: (General Certification and Certificate of Completion form)
Cc: Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Karen Higgins, NCDWQ, 401/Wetlands Unit
Jeff Harbour, Environmental Services, Inc., 524 New Hope Rd., Raleigh, NC 27591
File Copy