20070077 Ver 1_Approval Letter_20070222

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departrnent of Environment and Natural Resowces
Alan W. Klimek, P.E. Director
Division of Water Quality
February 16, 2007
Tyrrell County
DWQ Project No. 20070077
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITION '~ '~~
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Mr. Anthony Roper, P.E. o t;--,
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NCDOT, Division 1 `op~`~ ~
113 Airport Drive Suite 100 ~ ~~9~9< ~O~
Edenton, NC 27932 '~~~,~ ~/~~~^`~
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Dear Mr. Roper: ~~y
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands
(acres)
Site Number
Fill Excavation
1 0.08 0
Net Total Im acts 0.08 acres
The project shall be constructed in accordance with your application dated January 8, 2007 for the purpose of shoulder
widening and pipe replacements on SR 1209 (]tiverneck Road) in Tyrrell County. After reviewing your application, we have
decided that these impacts aze covered by General Water Quality Certification Number 3404. This certification corresponds
to the Nationwide Permit 14 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 (this supercedes Condition 19 of General Certification 3404 issued on March, 2003).
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 1501inear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (t5) 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.) DisChazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
4.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
Nom` Carol~'na
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] ~~11C11 s'lf
FAX [phone] Internet: wwvv.ncwaterquality.org
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S.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing aze prohibited unless otherwise authorized by this certification.
6.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
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.
10.) 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.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, 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 Ma»ual.
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.
12.) 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.
13.) 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.
14.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
1 S.) Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for
culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equihbrium is being maintained if
requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered
during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a
permit modification will be required.
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. 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 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 standazds 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.
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.
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 Gazcy Wazd at [phone].
incerely,
L
for Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 1 Environmental Officer, NCDOT
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, DWQ, 401/Wetlands Unit
Central Files
File Copy