20070250 Ver 1_Approval Letter_20070114

OF WA Michael F. Easley, Govem~tktr~o
TF9 William G. Ross Jr., SecretaQ
lop, G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
'``r~~ jv r
O Division of Water Quality C7/ Il
January 14, 2007
Dare County DWQ Project No. 2007025,0 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS

Mr. Anthony Roper, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932

Dear Mr. Roper:
You have our approval, in accordance with the attached conditions and those listed below, to excavate
approximately 3,500 cubic yards of bottom material from the intertidal zone on the ocean side of NC 12 on Pea
Island in Dare County. The project shall be constructed in accordance with your application dated January 30, 2007
for the purpose of obtaining sand to fill sand bags that will be used to protect NC 12 against flooding. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3493. This certification corresponds to General Permit 198000048 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 or the CAMA
permit (this supercedes Condition 9 of General Certification 3493 issued on December 31, 2004).
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.
1.) 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.
2.) 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.
3.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit, other than those areas designated by the USFWS as disposal sites, without appropriate modification of
this permit. 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.
4.) 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.

N. C. Division of Water Quality 943 Washington Square Mall Washington, R .C. 27889 Telephone [phone]
FAX [phone]

If you do not accept any of the conditions of this certification, you may ask for an adjudicatgry 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].

Sine ly,

t

L
for r Alan W. a E.

Attachment

cc: Wilmington District Corps of Engineers
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Environmental Officer, NCDOT
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, NCDWQ, Wetlands/401 Unit
Central Files
File Copy

WQC #3493

OCEAN DREDGE MATERIAL DISPOSAL CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT 198000048 INVOLVING DISPOSAL OF DREDGED MATERIAL ON
OCEAN BEACHES WITHIN NORTH CAROLINA
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material to waters and wetland areas which are waters of the United States as described in the
Wilmington District's Regional (General) Permit Number 198000048 and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 26.0200. This Certification replaces Water Quality
Certification Number 3372 issued on March 18, 2002. This WQC is rescinded when the Regional
Permit is re-authorized or when deemed appropriate by the Director of the Division of Water
Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:

1. Proposed fill, dredging, excavation or other substantial modification of waters or
wetlands or this General Certification requires written concurrence from the Division
of Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
3. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application) requires written concurrence from DWQ in accordance with 15A
NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply
for written concurrence under this Certification. New development activities located
in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0200. All new
development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices;
4. If such activities should take place during periods of high biological activity (i.e. sea
turtle nesting), biological monitoring may be required at the request of other state or
federal agencies and coordinated with these dredging activities;
5. The discharge shall be free of toxic substances in violation of state water quality
standards;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;

t

WQC #3493

7. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and.Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding Regional Permit 198000048, whichever is
sooner;
10. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written concurrence
to use this Certification regardless of the proposed impact amount to streams,
wetlands, and waters.
11. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
12. Standard Erosion and Sediment Control Practices:

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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

2

WQC #3493

13. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
14. No Sediment and Erosion Control Measures in Wetlands

Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.

Effective date: 31 December 2004

DIVISION OF WATER QUALITY

By

Alan W. Klimek, P.E.
Director

WQC # 3493

F WAIF Michael F. Easley, Governor
\O~~ 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
+ > Division of Water Quality
O ~

DWQ Project No.: County:

Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:

Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
L , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:

Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date

None Caro a
Transportation Permitting Unitt!!ra
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state. naus/ncwetlands