20140140 Ver 1_Approval Letter_20140211

AL &A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory John E. Skvarla, III
Governor Secretary
April 7, 2014
Pasquotank County
DWR Project No. 20140140
TIP E -4991
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Paul Fredette
City of Elizabeth City
306 E. Colonial Ave. / PO Box 347
Elizabeth City, NC 27907
Dear Mr. Fredette:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing a
multi - purpose bicycle and pedestrian trail adjacent to Halstead Blvd. in Elizabeth City, Pasquotank County:
Wetland Impacts in the Pasquotank River Basin
The project shall be constructed in accordance with your application dated received February 11, 2014 and additional information
received March 26, 2014. 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 DWR 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). For this approval to remain valid, you must adhere to
the conditions listed in the attached certification.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.rimater.ong
Wetland Fill
Site Number
ac
1
0.01
Net Total
0.01
Impacts
The project shall be constructed in accordance with your application dated received February 11, 2014 and additional information
received March 26, 2014. 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 DWR 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). For this approval to remain valid, you must adhere to
the conditions listed in the attached certification.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.rimater.ong

Page 2 of 4
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 shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
3. 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.
4. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification.
5. 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.
6. 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.
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. 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.
9. Where placement of sediment and erosion control devices is unavoidable in wetlands and/or waters, they shall be removed and
the natural grade restored upon completion of the project.
10. 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.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
12. 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.
13. 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.
14. 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 NCDWR 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, NCDWR may reevaluate and modify this certification.
15. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.

Page 3 of 4
16. Upon completion of the project (including any impacts at associated borrow or waste site), the applicant shall complete and return
the enclosed "Certification of Completion Form" to notify NCDWR when all work included in the 401 Certification has been
completed.
17. 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 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
Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252) 948 -3922.
Sincerely,
UVO /V,
for for Thomas A. Reeder
Attachments (General Certification and Certificate of Completion form)
cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Ben Williams, Rivers and Associates, Inc., 107 E. 2 "d St., Greenville, NC 27834
Garcy Ward, DWR, Washington Regional Office
File Copy