20170433 Ver 1_Approval Letter_20170421

ROY COOPGR
r,uocr,u»�
MICHAFL S. REGAN
Sucr.•im�r
Environmental S. JAY ZIMMERMAN
Quality u�,�e��r�,�
April 21, 2017
Pendcr County
NCDWR Project No. 20170433
Multi-Use I'ath on SR 1563
T1P No. SR-5001 CI3
APPROVAL oC401 WATGR QUALITY CGI2TIFICATION with ADDITIONAL CONllIT10NS
Norlh Carolina Departmen[ of 71�ansportation
Division 3
A(ln: Karen E. Collette, P.E., Division Gngineer
5501 f3arbados [3oulevard
Castle Hayne, NC 28429SG47
Dear Ms. Collet[e:
You have om' approval, in accordance with the conditions listed below, for the following impacts for the proposed
Multi-Use path on SR-15G3 (Sloop Point Loop Road) in Pender County:
Stream Impacts in the Cape Fear River Basin
Permanent Fill 9'em�rary Fill Permanent Fill Tem��rary fill
in hrtermittent in IntermittenC in Perennial in Peremiial Total Stream
Site Stream Stream Sh�eam Sh•eam �mpact
linear ft linear ft linear R linear f[ �����ear ft)
I 20 20
2 9 9
TO"PAL 9 20 0 0 29
Total Stream Iropact for Project: 9 linear feet.
Onen Water Impacts in the Cape �ear River I3asin
Permanent Fill in "I'emporary I�ill in Total fill in Open
Site O n W�ters ac O�en Wate�s ac Waters �c
I 0.045 0.045
� n 0.007 0.007
? 0.00
3 Q001 0.001 0.002
7'OTAL 0.046 0.008 0.054
Total Open Wafcr Impact for Projech0.05 acres.
"Nnihinq Cti�rn��are•ti
St�le of Nurth Cnrolina � Gnvironinenlnl Quality
ICil7 Mall Szn�ia Centar I Ralelgh, Norih Carnlina 27G99-Ib17

The project shall be constructed in accordance with your application dated received April 7, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4088. 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.
This approval is valid solely for the purpose and design described in your appiication (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. IFthe 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. [f 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 I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[15A NCAC 02H.0506(b)(2)]
General Conditions
2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
sheams 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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWR. Ifthis condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [ I SA NCAC 02H.0506(b)(2)]
3. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[LSA NCAC 02B.0200]
4. 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 [ISA NCAC 02H.0506(b)(2)]
5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic wnditions. [15A NCAC
02H.0506(b)(2)]
6. The use of rip-rap above [he Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shal] be placed in stream channels in such a manner that it does not impede aquatic life
passage. [15A NCAC 02H.0506(b)(2)j
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
8. All 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 Construction and Maintenance Activi[ies manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing watec [ISA NCAC 02H.0506(b)(3) and (c)(3)]

9. 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 stream. [ l5A NCAC 02H.0506(b)(3)]
10. 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. [15A NCAC
02H.0506(b)(3)]
1 I. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
13. 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. Ifthe 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, the NCDWR may reevaluate
and modify this certifica[ion. [ 15A NCAC 02B.0200]
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
15. A copy ofthis Water Quality Certification shall be maintained 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. [15A NCAC 02H .0507(c) and i5A NCAC 02H .0506 (b)(2) and
(�)(z)1
16.The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be cleady marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC
02H.0501 and .0502]
17.The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. ]ocal, state, and federal)
having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soi]
erosion and sedimentation control requirements, etc.
18.The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 026.0506(b)(2)]
19. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR
when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
20.Native riparian vegetation must be reestablished in [he riparian areas within the construction limits ofthe project
by the end of the growing season following completion of construction. 15A NCAC 02B.0231(a)(6)]
21.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 will be required since that is a direct impact
from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
22.Erosion and sediment control practices must be in fuI] compliance with all specifications governing the proper
design, installa[ion and operation and main[enance of such Best Management Practices in order ro protect
surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, ins[alled, operated,
and maintained in accordance with the most recent version of the North Carolrna Sediment and
Erosion Contro[ Planning and Design Mam�al.

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 Carolrna Sediment and Erosron 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 Carolrna 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.
23. Where placement of sediment and erosion conhol devices in wetlands and/or waters is unavoidabl, they shall
be removed and the natural grade restored upon completion ofthe project. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for 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 Adminishative 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 (1) copy of the petition must be filed with the O�ce of
Adminishative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the O�ce of
Administrative Heazings within five (5) business days following the faxed hansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Adminisffative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-6701
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 Joanne Steenhuis at [phone] [e-mail].
Sincerely,
� 1
�G �
S. Jay Zimmerman, irector
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, Division 3 Environmental Officer
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Capy

Environmenlal
Qualit}�
NCDWR Project No.: 2017-0�433
Applicant: NC-DOT
County: Pender
ROY COOPER
Gnrernur
MICHAEL S. REGAN
cr� r��r�o�r
S. JAY "LIMMERMAN
u;���-<���,�
Project Name: Constructinn of Multi-Use Path on SR-1563 (Sloop Point Loop Road) Hampstead
llate of Issuance of 401 Wnter Quality Certificalion:
Certificate of Completion
Upon complelion of all work approved within the 401 Wa�er QuTlity Cerlifica�ion or applic�ble I3uffer Rtdes, and
any subsequent moditications, the applican[ is required to retw�n this certificate lo [hc 401 "fransportation Pennil[ing
Unit, North Carolin� Division of Water Resources, 1617 Mail Service Cenler. Raleigh. NC, 27699-1617. This fonn
may be returned to NCDW R by the applicani, the applicant's au[horized agent, or the project en�,ineer. Il is nol
necessary to send ceriilicates li'om all ofthese.
ApplicnnPs Cerfif7cn(ion
I, , hereby sla[e that, to tl�c bes� of my abililies, due c�are and diligence
was used in lhe observation of the construction such that the construciion was observed to be buil� wi�hin substantial
compliance and intent of tl�e 401 Water Quality Cei4itication and Buffer Rules, Ehe approved plans and
specifica[ions, and olhcr supporling materials.
Signature: Date:
AgenYs Ce�lificrilran
I, , hereby state thal, to the best oCmy abililies, due care and diligence
was used in the observation of thc consh uction such [hal [he consiruclion was observed to be buil[ within substantial
compliance and inten[ of �he 401 Water Qu�lity Certilica[ioii and Buffcr Rules, fhe approved plans and
specifications, �nd other supporting ina�erials.
Signature:
F,irgineer's Ce rtificntrori
Partial Fin�l
I, , as a duly registered Pirofessional Engineer in the State of North
Carolina, havino been authorized to observe (perioAically, weekly, full time) Ihe emish'uc[ion of the project for the
Permittee hereby sta[e thtit, ro thc best of my abili[icv, duc care and diligence was used in the observation of the
cons[ruction such Ihal the construc[ion was obscrvcd to bc built within substan[ial compliance and intcn[ of �he 401
Water QualiTy Certifica[ion and BufFer Rules, the approved plans �nd specifications, and other supporting maCeri2ls.
Signatm�e
Date
Rcgistration No.
-�Nnihii�q (.-'um��arrs - ,
Stntz oFNorth Cnrollna I E�rvlron�nentnl Qualit)'
1GI7 M.iil Service Cenler I Raleigh. Nonh Camlina 27G�-I GI7