20180095 Ver 1_NCDWQ Project No 20120233_20180122

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Beverly Eaves Perdue
Govemor
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North Carolina Department of Environment and Natural Resources `
Division of Water Quality M
Charles Wakild, P.E N
Director r
Mazch 8, 2012 \
Warcen Counry
NCDWQ Project
NC Hwy 903 Cai
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
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MAR 20� F���
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DivS .I
You have ow approval, in accordance with the conditions listed below, for the following impacts for the purpose of
repairing the NC Hwy 903 Causeway over Lake Gaston in Warren County:
Total
Total Open Water [mpact
0.255
in tAe Roanoke River Bas
�� Waters lscl Tot81
acres.
0.1
0.255
The project shall be constructed in accordance with your application dated received March 5, 2012. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3689. This certification corresponds to the Nationwide Permit 13 issued by the Corps of Engineers. In addirion,
you should acquire any other federal, state or bcal permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Dischazge 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 yow application (tmless modified below).
Should your project change, you must notify the NCDWQ 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 1501inear feet, compensatory mitigation may be requ'ued 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(s) and any additional conditions listed below.
Conditions of Certification:
1. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected ripazian buffers.
T�anspohatbn and Pertnipi� Unit
1650 Mail Service Center, Relegh, NoM Carolina 27699-1617
Locatlon: 512 N. Selisbury S4 Raleiph, NoM Caroline 27604
Phone: 919A0163001 FAX: 919�807-6492
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2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
3. AlI work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT ConsWction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion shucwres shall be used to prevent excavation in flowing water.
4. 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 sReam.
5. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of sheam waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
6. No rock, sand or otkier materials shall be dredged from the stream channel except where authorized by this
certification.
7. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
8. 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. [f NCDWQ 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, NCDWQ may reevaluate and modify this certification.
9. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Wa[er Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
]0. T6e outside buffer, wetland or water boundary located within the construction corzidor approved by this
authorization shall be cleazly mazked by highly visible fencing prior to any land disturbing activities. Impacts to azeas
within the fencing are prohibited unless othenvise authorized by this certification.
]]. The issuance of this certification does not exempt the Permittee from complying with any and all starutes, 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
seditnentation control requ'vemenu, etc.
12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
13.Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify NCDWQ when all work
included in the 401 Certification has been completed.
14. Native ripazian vegetation must be reestablished in the riparian areas within the conshvction limits of the project
by the end of the growing season following completion of construction.
15.There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation wili be required since that is a direct impact from road
consdvction activities.
16. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.

17. Erosion and sediment control practices must be in fu11 compliance with all specifications goveming the proper
design, installation and operation and maintenance oF such Best Management Practices in order to protect surface
waters standards:
a. 11te 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
Contro[ Plannrng 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 maintaineA on a11
• conshvction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with ihe 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 redamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. 1'ou may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Heazings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Adminisffative Heazings accepu filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Heazings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Rob Ridings at 919-807-6403.
Cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
File Copy
Sinc I��n� /
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�,o� Chazles Wakild
� Director