20071759 Ver 1_Approval Letter_20071211

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 11, 2007
Martin County
DWQ Project No. 20071759
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO RIVER BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Jerry Jennings, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Dear Mr. Jennings:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Site Number Streams
linear ft
SR 1161 5
The project shall be constructed in accordance with your application dated received October 1 1, 2007 for the- purpose of a
pipe replacement in an unnamed tributary to Flat Swamp on SR 1161 in Martin County. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3627. This certification
corresponds to Nationwide Fermit 14, issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico
River Buffer Rules (15A NCAC 2B .4259). 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 issued by the US Army Corps of
Engineers (this supersedes Condition 19 of General Certification 3627 issued March 19, 2007).
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 DWQ 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 total impacts to streams or buffers (now or in the
future) exceed 1501inear 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.) Upon completion of the project, 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.
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 aze not being met
(including the failure to sustain a designated ar 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.) 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.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889
FAX [phone]
An Equal Op{wrtunity/Affirmative Action Empbyer - 50% Recyded110% Post Consumer Paper
Telephone [phone]
Internet: www.ncwaterquality.org
N Caro na
tura~y

4.) 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.
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.) Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the
streambed by ane 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 DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered
during construction, please contact the NC'DWQ for guidance on how toproceed and to determine whether or not a
permit modification will be required.
7.) 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 naturri geomorphic conditions.
8.) All work m or adjaceirt 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.
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 mannerthat it does not impede aquatic life passage.
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.
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.
12.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
13.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
14.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:I, unless otherwise authorized
by this certification.
l5.) The outside buffer, wetland or water boundary located within the constrnction corridor approved by this authorization
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.

16.) Native riparian vegetation 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 permit
without appropriate modification. Should 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.
18.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
19.) This project lies within the Tar-Pamlico River basin and is therefore subject to the Tar-Pamlico River Buffer Rules, 1 SA
NCAC 2B .0259, Any new roadside ditches shall meet the nutrient reduction and diffuse flow requirements outlined'in
15A NCAC 2B .0259(6). A written variance will be required for any ditches that are unable to meet these standards.
20.}Pursuant to 15A NCAC 2B .0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Taz-
Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised
and that discharge is released as diffuse flow.
21.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species
by the end of the growing season following completion of construction. For the purpose of this condition, maintained
buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance
activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody
species before the next growing season following completion of construction.
22.) 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, P.O. Box 27447, Raleigh, N.C. 27611-7447.
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 Gazcy Wazd at [phone].
cerely
L
for Coleen Su ins ~~
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 1 Environmental Officer, NCDOT
Sonia Gregory, NC DWQ, 401/Wetlands Unit
Central Files
File copy