20150506 Ver 1_Approval Letter_20150522

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
May 22, 2015
Dare County
DWR Project No. 20150506
NC 12 repair
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Clay Willis
NCDOT, Division One
ll 3 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of sand bag fill and
placement as needed for road repair and shoreline protection along NC 12 in Kitty Hawk in Dare County:
Open Water Impacts in the Pasquotank River Basin
NC 12 Open Water
Excavation (ac)
Total 0.009
This approval is only valid for the purpose and design that you submitted in your application dated received May 19, 2015. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3908.
This certification corresponds to the 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.
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 DWR and submit a new application. If the properiy 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. This certification authorizes the excavation of approximately 1,668 cubic yards of sand from the swash zone in order to fill an
estimated 300 sand bags as needed for the repair and protection of NC 12 in Kitty Hawk in Dare County.
2. All of the old road that is being removed, including pieces of old asphalt and other roadbed debris, shall be disposed of properly.
[15A NCAC 02H.0506(b)(3)] �
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: [phone] FAX: [phone]
Intemet: www.ncwater.orq

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3. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
[15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
4. The issuance of this certification does not exempt the Per►nittee 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, soi] erosion and sedimentation control requirements, etc.
5. 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. [15A NCAC 02H.0506(b)(2)]
6. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of
waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)]
7. No rock, sand or other materials shall be dredged from the channel except where authorized by this certification. [15A NCAC
02H.0506(b)(3)] �.
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. If NCDWR 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, NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
9. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
[15A NCAC 02B.0506(b)(2)] �
10. 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 NCDWR when all work included in the 401
Certification has been completed. [15A NCAC 02H.0502(fl]
11. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] �
If you wish to contest any statement in the attached Certification you must file a petition far an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings 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 Administrative Hearings accepts filings Monday through Friday
between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (l ) copy of the petition must be filed
with the Office of Administrative Hearings.
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 Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100 � �
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center

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This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any
questions, please contact Garcy Ward at [phone] or [e-mail]
Sincerely,
� ��,
for S.�y Zimme n, Director
Division of Water Resources
Attachments (General Certification and Certificate of Completion form)
cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Greg Daisey, DCM, Elizabeth City
Cathy Brittingham, DCM, Raleigh
Garcy Ward, DWR, Washington Regional Office
File Copy

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DWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 Transportation Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR 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
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:
AgenYs 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 40l
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certifcation
Partial Final
I, , 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