20150372 Ver 1_Approval Letter_20150429

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Secretary
April 29, 2015 -
Tyrrell County
DWR Project No. 20150372
Culvert installation SR 1 1 18
APPROVAL of 401 WATER QUAL[TY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Paul Williams
NCDOT, Division One
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Williams:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of installing a culvert
on the Bonarva canal and associated unnamed canal on SR 1 I l8 (Magnolia Rd) in Tyrrell County:
Open Water Impacts in the Pasquotank River Basin
` Open Water
Site Number s ft)
� Bonarva canal 12
Unnamed canal 12
Total 24
The project shall be constructed in accordance with your application dated received April 20, 2015. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Numbers 3886. These certifications
correspond 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. [f 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.
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 federalj having jurisdiction, including but not
limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Location: 512 N. Salisbury St. Raleigh, NC 27604 .
An Equal Opportunity 1 Affrmative Action Employer
Phone: [phone] FAX: [phone]
Internet: www.ncwater.orq

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2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
[ I SA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
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 down stream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by
NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A
NCAC 02H.0506(b)(2)]
4. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
5. 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. [15A NCAC 02B.0200]
6. 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. [15A NCAC 02H.0506(b)(2)]
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. [15A NCAC 02H.0501 and .0502]
8. 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. [15A NCAC 02HA�06(b)(2)]
9. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and
streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
10. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and
reduce the introduction of other pollutants into the stream. [1 SA NCAC 02H.0506(b)(3)]
11. 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. [15A NCAC 02H.0506(b)(3)]
12. 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 [ 1 SA NCAC
02H.0506(b)(3) and (c)(3)]:
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.
13. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
[15A NCAC 02H.0506(b)(3) and (c)(3)]

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14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A
NCAC 02H.0506(b)(3)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
16. 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.
17. 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. [ 15A NCAC
02H.0506(b)(3) and (c)(3)] '
18. 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. [15A NCAC 02B.0200]
19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
[15A NCAC 02B.0506(b)(2)]
20. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction meeting with all
appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe
alignment at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. [ 15A NCAC 02H.0506(b)(2) and
(b)(3)
21. Upon completion of the project (including any impacts at associated borro�� or waste site), the NCDOT Division Engineer shall
complete and return the enclosed "Certification of Completion Form" to notify NCDWR when all work included in the 401
Certification has been completed. [15A NCAC 02H.0502(�]
22. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. [n addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site
project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (9l9)-431-3100
A copy of the petition must also be served on DENR as follows: "
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center

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This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you have any
questions, please contact Garcy Ward at [phone] or [e-mail]
'ncerely,
��
for S. ��y Zimmerman, Director
Division of Water Resources
Attachments (General Certification and Certiticate of Completion form)
cc: Tracey Wheeler; US Army Corps of Engineers, Washington Field Office
Greg Daisey, DCM, Elizabeth City
Garcy Ward, DWR, Washington Regional Office
File Copy �

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DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR 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 Certifcation
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:
Engineer's Certification
Partial Final
I, , as a duly registered Professional F,ngineer in the State of North Carolina, having
been authorized to observe (periodically, weekly, full time) 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 �