20080205 Ver 1_Approval Letter_20080318

o`'~~ warF9Qc
~ ~ ~
O ~---~__`.. `C
- ~,-r
- -.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Mazch 18, 2008
Bertie County
DWQ Project No. 20080205
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:
Site Number .Wetland Fill
acres
SR 1123 0.170
The project shall be constructed in accordance with your application dated January 22, 2008 for the purpose of replacing
Bridge No. 143 on SR 1123 (Billy Gun Club Rd) in Bertie County. After reviewing your applicatioq we have decided that
these impacts are covered by General Water Quality Certification Number 3704. This certification corresponds to the
Nationwide Permit 14 issued by the Corps of Engineers. In additioq 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 of total impacts to streams (now or in the future)
exceed 1501ineaz feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For
this approval to remain valid, you must adhere to the conditions listed below and in the attached Water Quality Certification.
1.) 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 aze necessary to assure compliance, DWQ may reevaluate and modify this certification.
2.) All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
3.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
4.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly mazked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing aze prohibited unless otherwise authorized by this certification.
5.) Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
N,p',SthCarolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]t1lCll!!J
FAX [phone] Internet: vwvw.ncwaterquality.org
An Equal OpportunitylAffimtativeAaion Employer- 50°~ Recycled110% Post Consumer Paper

6.) Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-
treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering
the stream. Please refer to the most current version of Stormwater Best Management Practices.
7.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate
modification. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required
since it is a direct impact from road construction activities.
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.
9.) The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
l0.) 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.
11.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation
and reduce the likelihood of introducing other pollutants into the stream.
12.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
13.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: I .
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.
I5.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
16.) The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and
National Marine Fisheries Service. No in-water work is permitted between Februazy 15 and June 30 of any year, without
prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In addition, the
permittee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage
(May 12, 1997) at all times.
17.) The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
18.) A copy of this Water Quality Certification shall be posted on 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.
19.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form"
to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of
the project
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 Cazolina 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,
d.... ~"~
Al Hodge/S ervis r °'
Division of Water Quality
Surface Water Protection
Washington Regional Office
Attachment
cc: 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
File Copy