20150160 Ver 3_Approval Letter_20180226

Environmentul
Quality
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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Februarv 36. 2018
Onslow Counn-
NCDWR Project No.30150160 V �
NC S
STIP� R-50'_3 B K C
APPROVAL of a01 W.4TER QU:ILITY CERTIFICATION wilh ADDITIONAL CONDITIONti
Ms. Anneliese Westphal, Environmental Seniur Specialist
NCDOT, Division 3
i5p1 Berbados Blvd.
Casde I la�ne. NC ?R-i?9-�6d7
Dear Ms. Wes[phal:
You havc our approval, in accordance �� i�h the conditions lis�ed beloN�, for ihe �ollowing impac�s Ibr �he purpose ot
�cidening ot NC ?? from 3 to 3 lana from 0.? miles �aest of SR I? 14 � Foy Luckamy Rd.) to SR I I I6 (Onsluw-
Pines Rd.) and improvements at �he NC S3�SR1109 �Holl}� Shelter Rd.) intersection in Onsluw Cuuntc:
titrcam Im ncts in thc�c Fcar Ki��cr 6asin
Permanent Temporary Permanent Temporary Stream
Fill in Fill in Fill in Fill in Total Impacts
Site Intermittent Intermittent Perennial Perennial stream Requiring
Stream Stream Stream Stream Impacts Mi[igation
Ilinear kl (linear ftl Oinear ft) � Ilinear ft) Oinear ft) i Oinear ft)
1 40
1 bank 15
stabilization
4
4 bank
stabilization
0
11
15
10
42
11
12
25 N/A
17 59 � N/A
12
23
)TAL � 78 � 37 I 53 � 27 I 1!
Total Stream Impact for ProjeM: 195 linear feet.
W etland Im iacts in [he Cape_Fe�r Ricer B:�sin
Fill Fill Excavation Mechanized Hand
Site (ac) (Temporery) (ac) Clearing Clearing
<0.01
� �:
I TOTAL I 0.04 � I 0.09 I 0.04
Total Wetland Impact for Projech 0.15 acrrs.
tiialruiVonhl'arolina hneirunmcniall)uahn
I�� 17 p1�i I titn ir: Ccnlcr i K:deieh_ Nun h Curnhn:i '7h9`1-I n I:'
N/A
Total Impacts
Wetland Requiring
Impacts Mitigation
N/A
N/A

Site
2
3
5
5
TOTAL
O en Water Im acts in the Ca e Fear River Basin
Permanent Fill in Open Temporary Fill in Open
Waters (ac) Waters (ac)
0.01 <0.01
0.01 <0.01
0.02 <0.01 �
<0.01 <0.01
0.04 ac (1.421 sa ft1 <0.01 ac 1231
Total Open Water Impact for Project: 0.04 acres.
Total Fill in Open
Waters (ac)
0.01
0.01
0.02
<0.01
0.04 ac
,The project shall be constructed in accordance with your application dated received February 20, 2018. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135 (WQC 4135). 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 application (unless modified below).
Should your project change, you must notify the NCDWR 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 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.
Conditions of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
Unless otherwise approved in this certification, placement of culverts and other sh•uctures in open waters and
streams, 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 equilibrium is being maintained if
requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other ]imiting
features encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [ 15A NCAC 02H.0506(b)(2)]
3. 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)]
4. For the 64 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species. [ 15A NCAC 02H.0506(b)(2)]
5. Erosion control; matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. Exceptions to this condition requires application to and written approval
from DWR. [15A NCAC 02B,.0201]
6. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requireme�ts of the NCGO1000. [ 15A NCAC 02B .0211]

Generai Conditions
7 Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams 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. If this condition is unable to be met due to
bedrock or other limiting features encountered during consh-uction, please contact NCDWR for guidance
on how to proceed and to determine whether or not a permit modification will be required. [ 15A NCAC
02H.0506(b)(2)]
8 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. [15A NCAC 02B.0200]
9 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)]
] 0 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 �eomorphic conditions. [ISA NCAC
02H.0506(b)(2)]
11 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. [15A NCAC 02H.0506(b)(2)]
12 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawin�s submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
13 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 Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
14 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. [15A NCAC
02H.0506(b)(3)]
15 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.
[15A NCAC 02H.0506(b)(3)]
16 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)]
17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
18 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 the 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 certification. [15A NCAC 02B.0200]

19 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)]
20 A copy of this 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 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
21 The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencin; 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]
22 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. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
23 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)]
24 Upon completion of the project (including any iinpacts 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(fl]
25 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC
02B.0231(a)(6)]
26 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)]
27 Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
.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, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sedime�rt and
Erosion Control Planning 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
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.
28 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [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 sixry (60) days of receipt oFthis notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one Q) copy of the p�tition must be filed with the Office of
Administrative Hearings.
T'he petition may be faxed-provided the original and one copy ofthe 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:
Oftice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 431-3I00
A copy of the petition must also be served on DEQ as follows:
Mc Sam M. Hayes, General Counsel
Department of Environmental Qualiry
1601 Mail Service Center
Raleigh, NC 27699-1601
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] or joanne.steenhuis@ncdencgov.
Sincerely,
�� �
�Linda Culpepper, InteC�tor
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Hemdon, Division 3 Environmental Officer
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Wa[er Resources Wilmington Regional Office
File Copy

Environ men ( ul
Quality
NCDW'R Projec[ No.: _
r���I1C8ill:
Prnject Namc:
Counh:
Datc of Issuance of 101 W.iter Qualih� Ccrtification: __
ROY COOPER
�,� ���:,�,,,�
MICHAEL 5. REGAN
�„ ,�,�r.,,-�
LINDA CULPEPPER
i„�� , ,,,, u„ „ �, �,
Certificate of Completion
Upun cumE�letion of all ���ork approved w�ithin the 401 Water Quali�y Certification or applicable RuFfer Rules, and
any s-ubsequent moditica�ions. d�e applicam is required to rcuirn this certiticate tu ihe d01 Trunsportation Pennitting
Uni[, North Caivlin� Division of Warer Resourccs. 1617 Mail Service Center. Ralzigh. NC,'_7699-1617. This ti�rm
may be returned to NCDW R by the applicant, the applican['s authorized agent. or the project engineec It is not
necessarv to send certific�tes from all ofthese.
-I pplrcnn!'s Cer/ifica/inn
I_ , hereb� state that, ro the besi ol im abilities, duc care and diligence
was uszd in the observalion of the construc[iun s'uch that thc cons[ruction was observed [o be buill �cithin substantial
cumpliance and inteni ol the �01 Watcr Qualih Czrtitication and Buffer Rules. ihe approved plans and
s�ecitications. and uther supponine materi�ls.
Si�znature: Date:
-1ge��1's Certifieufron
I. , hereby state that, �o the best of m�� abiliti�s, due care and dili�rnce
was used in �he observation of Ihe consu�uction such that Ihe construction was observed to be built H ithin substantinl
compliance and iment oP[he -101 Water Quality Certitication and Buffer Rules. �he approved plans and
specihcalions. and o�her supportin_ matrrials.
Si�nature:
Eagii�eer's Cerfircnlion
Partial Final
Datz:
I, , as a duly m�istzred Prntission�l F.nginecr in tht S�ate of North
Carolina, havin�_ been audiorized to observe Iperiodicalh�, wcekly, full time) the construction of the project fur the
Permince hereby staie thai. to the besl of my abilities, due care and diligence was used in the obscrvation of ihe
construetion such that Ihr construction was observad to be built within substamial eomplinnce and intent ol the 101
Water Quality Czrtificatiun and Butfer Rules, thn approved plans and specilications. and other supporting materials.
Signature
Date
Rcgistration No. _
tilslz ul Nunh C'aruhna I�.nnrunmtntal �tuahn
Inl7 Mad tieniceCemerl R:daieh. VunhCarulma'76•PLI�•I'