HomeMy WebLinkAbout20071884 Ver 1_Approval Letter_20071101O~O~ W AT ~9QG
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January 3, 2007
Pasquotank County
DWQ Project No. 20071884
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
]VIr. 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:
Wetlands Fill Stream Fill
Site Number
acres acres
1 0.02 .0026
2 0.02 .0026
3 0.006 0
Total 0.046 .0052
Impacts
The project shall be constructed in accordance with your application dated November 1, 2007 for the purpose of shoulder
widening and the placement of riprap in an unnamed tributary to ICnobb Creek on SR 1306 in Pasquotank County. After
reviewing your application, we have decided that these impacts are covered by General Water Quatity Certification Number
3704. This certification corresponds to 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 issued by the US Army Corps of Engineers.
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 ISO 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.) 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 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.
IV,o~°~`t Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 ,NUrtllCa~~l,~
FAX (252) 946-9215 intemet: www.ncwaterquality.org
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Depardnent of Enviromnent and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50°k Recycled/10% Post Consumer Paper
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.) 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.) 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.
7.) The use of rip-rap above the Normal High Water Mazk 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.
8.) 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.
9.) 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.
10.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
11.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
12.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification.
13.) The outside buffer, wetland or water boundary located within the construction 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.
14.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
15.) 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.
16.) 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 (252) 948-3922.
Sincerely,
,. V:,
for Coleen Sullins
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
Mr. Jim Hoadley, DCM, Elizabeth City
Sonia Gregory, DWQ, 401/Wetlands Unit
Central Files
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