20080502 Ver 1_Approval Letter_20080309

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
May 9, 2008
Beaufort County
DWQ Project No. 20080502
TIP/State Project No. 2C.007028
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. Jay Johnson
NCDOT, Division 2
PO Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
the widening and paving of SR 1767 (Monroe's Lane) in Beaufort County:
Wetland ImnaCtS in the Tar-Pamlico River Basin
Site Wetlands Fill
ac Buffer Zone 1
(square ft Buffer Zone 2
(square ft
1 0.02 0 1
2 0.03 0 333
3 0.02 47 100
4 0.01 38 80
Total 0.08 85 514
Total Wetland Impacts for Project: 0.08 acres.
Total Buffer Impacts for Project: 599 square feet.
The project shall be constructed in accordance with your application dated received March 20, 2008. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3705. This certification corresponds to the Nationwide Permit 18 issued by the Corps of Engineers. This
approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). 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 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 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.
N. C. Division of Water Quality
FAX [phone]
943 Washington Square Mall
Washington, N.C. 27889 Telephone [phone] Np°` Carolina
Internet: www.ncwaterquality.orgtuCally
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Condition(s) of Certification:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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 are necessary to assure compliance, DWQ
may reevaluate and modify this certification.
2. 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
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
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. 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.
5. 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.
6. 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.
7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
11. 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.
12. 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.
13. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet: www.ncwaterquality.org
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NoO? Carol a
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F WAIF Michael F. Easley, Governor
\O?? RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
> Division of Water Quality
14. 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.
15. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
16. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities,
unless otherwise approved by this certification.
17. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to
the preconstruction contours and revegated. 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.
18. Pursuant to NCAC 15A 2B .0259(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Tar-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.
19. Upon completion of the project (including any impacts at associated borrow or waste site), 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.
20. 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.
NofthCarolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] llfuralllf
FAX [phone] Internet: www.ncwaterquality.org
An Equal OpportunitylAffirmative Action Employer - 50% Recycied110% Post Consumer Paper
OF N1ATF90 Michael F. Easley, Governor
William G. Ross Jr., Secretary
O G North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
Division of Water Quality
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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, 6714 Mail Service
Center, Raleigh, N.C. 27699. 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 (252)-948-3922.
Sincerely,
Al odge/ upe sor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
.Mr. Steve Sollod, Division of Coastal Management, Raleigh, NC
Mr. Stephen Lane, Division of Coastal Management, Morehead City, NC
Sonia Gregory, DWQ, 401/Wetlands Unit
Central Files
File Copy
Nci One
Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] Ntlll'Qlllf
FAX [phone] Internet: www.ncwaterquality.org
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