20070250 Ver 1_Approval Letter_20070114 (2)

Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
Division of Water Quality
January 14, 2007
Dare County
DWQ Project No 20070250
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
t"Aw
IEDEN2
N C Division of Water Quality 943 Washington Square Mall Washington, N C 27889 Telephone [phone]
FAX [phone]
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]
Sincerely,
for Alan W Klimek, P 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 Brittmgham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, NCDWQ, Wetlands/401 Unit
Central Files
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