20080014 Ver 1_Approval Letter_20080103

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departrnerrt of Environment and Natural Resowces
Coleen H. Sullins, Director
Division of Water Quality
January 24, 2008
Washington County
DWQ Project No. 20080014
APPROVAL of 401 WATER QUALITY CERTIFICATION 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:
Wetlands Stream
Site Number acres linear ft
NC 45/99 0 10
The project shall be constructed in accordance with your application dated December 14, 2007 for the purpose of road
widening and two pipe replacements on drainage canals on NC 45/99 in Washington County. After reviewing your
application, we have decided that these impacts are covered by General Water Quality 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 1501inear feet, compensatory mitigation may be required as described in 15A NCAC ZH .0506 (h) (6) and (7).
For this approval to remain valid, you must adhere to the conditions listed in the attached certification.
1.) There shall be no excavation from, or waste disposal into, jurisdictionai 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.
2.) 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.
3.) 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.
4.) 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.
5.) 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.
Nom` Caro~~jj~~--a
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] ~~IfCllfll~J
FAX [phone] Internet: www.ncwaterquality.org
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6.) All mechanized equipment operated near surface waters must be regulazly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
7.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
9.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
10.) The `work in the dry' requirement does not apply at the pipe replacement sites for this project due to the lack of flow in
the canals. This supercedes condition five of Water Quality Certification number 3704.
11.) 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 Garcy Ward at [phone].
incerely,
ab c~ ;
for Co een Sullins
Director, Division of Water Quality
Attachment
cc: Wilmington Dastrict Corps of Engineers
Mr. BiA 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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