20180434 Ver 1_Approval Letter_20180413

Envirvnmentul
Quali[y
ROY COOPER
� �„„ „�,,,
MICHAEL S. REGAN
�, „. ����,
LINDA CULPEPPER
i,��„�n„ u�„�<<,,,�
April I ..'_018
Tti�rrell Count��
NCDW'R Projcct No. 30180-134
SR I'_"_'9shouldersl'abilitation
State Project No. I?0891 I
APPROVAL of J01 WATER QU.ALITY CERTIFICA7'ION H�ith ADDI7lON.4L CONDITIONS
Mr. Paul W'illiams
NCDOT. Dioisiun I
I I S Airport Drive
Edenton. NC 37933
DearMr. Williams:
You have our approval, in accordance �sidi thz conditions listed below. for �h� fulluwin�_ impacts for the purpose of
road shoulder and stream bank stabilization on a roadside canal edjscent to SR I?29 �Old US 6d� in Tyrrell Counry:
O en Water Im �acts in Ihe Pas uolank River Basin
Site O enWater(ac) BankStabilizationQQ
SR 1229 0.09 5�0
The projuct shall be constructed in aceordance with your application d�ted received Mard� ?6. 3018. Atiar
revie�+�in� your applicatiun. we have decided that these impacts are cooered b� General Water Qualih Certification
Numbers 413d. This certificetion correspunds to tlie Natiom��ide Permit 13 issued bc the Corps ot F_n��ineers. In
addition. qou shuuld acyuire am� o[her tideral, state or lucal p�rmits before yuu proceed with }our project includinu
(but not limited to) Sediment and Erosiun Control, Nun-Dischar�,e and Water Supply Wa[ershed reuula[iuns. This
approval ti�ill e�pire �viih th� accompain in, 30�1 permit.
l�his approval is valid solcly for the purpose and design described in your application (unless modi�ied below).
Should your project change, you must nu�ify the NCDWR and submit a ne�e� applica[ion. Ifdie propem� is sold. [hr
new uwner nuist be given a copc of this Certitication and approcal letter, and is thereby� responsible ibr complcin,
with all the conditions. I(total wetland lills fur this �roject Inow or in Ihe IiiWre) e�ceed une acre, or ol tutal
impacts lu straams (no�s or in the Yuturel e�ceed I50 linear feet, compensaiory mitigation may be required u
describcd in 15A NCAC "_'fl A5061M l6) and �7). Additional bu(fer impacts may require compensator�� mili�ation
as describzd in I�A NCAC'_6.0?59. For this approval to remain valid, yuu mus� adhere to die conditions listed in
the attached certification(s) and am additiunal conditions listed below.
Condi�ion(s) of Certification:
The issuance ot this cenification does no� esempt iha Permittee from compkine with any and all statutes, rules.
regulations, or ordinances that ma} be impused b} othcr �ovemment a�encies (i.e. local, state, and tederal) havin�
jurisdiction, includin, but nut limitcd to applicable buffer rules. stormwater manaeemem rulzs, soil erosion and
sedimen[ation convol requiremen[s, elc.
The Permittee shall ensurc [hat the tinal design drawings adhere to the permit and tu [hc pennit drawin,s submitted
tbr approvaL [ I iA NCAC 02H .0�07(c1 and 15A NCAC 0?H .0506 �bl(_' 1 and (c)(�)�
Sl:ne ul Vpnh CaruLna I �-��Funmm�ntal Qualit�
I n 17 Matl S<n icc Cunta' i Ralci �h. tinnh Corol inu'_7nB�)- I �� R

3. 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)]
4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream warers from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
5. When applicable, all construction activities shall be perFormed and maintained in full compliance with G.S.
Chapter I 13A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occuc [I SA NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 026.0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolrna Sedrment
and Erosion Contro[ Manual, or for linear transportation projects, the NCDOT Sedrment and Erosron
Control Manual.
b. AII devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufticient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolrna Surjace Mrning
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Conhol Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I,
WS-1 l, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), thenthe sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
�esrgnStandards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (cx3); GC 4135]
6. A turbidity curtain will be installed in the stream if excavation or ground disturbing activities ocwr within the
stream channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR. [ISA NCAC 02H .0506(b)(3)
7. If placement of sediment and erosion control devices in wetlands and warers is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
strucmres. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date Ihat the Division of Energy, Mining and Land
Resources (DEMLR) or localty delegated program has released the specific area within the project. [ I SA
NCAC 02H.0506(bx3) and (cx3)]
8. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [ I SA NCAC 026.0201 j
9. 7'he permittee and its authorized agents shall conduc[ its activities in a manner consis[ent 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 detertnines 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. [ISA NCAC 026.0200]
10. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
ofdiscovery. [ISA NCAC 026.0506(b)(2)]
I I. 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 [he 401 Certification has been completed. [ISA NCAC 02H.OS02(�]

12. A copy ofthis Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Qualiry Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer
and the on-si[e project managec [ 15A NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
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 fortn from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixry (60) days of receipt of this notice. A petition is considered
filed when it is received in the o�ce of Administrative Heazings during normal office hours. The Office of
Administrative Hearings accep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one ( I) 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:
Oftice of Administrative Heazings
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. Bill F. Lane, General Counsel
Department of Environmental Qualiry
1601 Mail Service Center
This letter completes the review of the Division of Warer Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone] or [e-mail].
Sincere�����
r
Linda Culpepper, lnterim Director
Division of Water Resources
Electronic copy only distribu[ion:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Garry Ward, NC Division of Water Resouroes Washington Regional Oftice
File Copy

i�
,
Environmenia(
Quality
NCDWR Pmject No.: _
Applican[: _
Projec[ Name:
Date of Issuance of �Ol Water Quali[y Certification:
Coun[v:
ROY COOPER
�,,,�:,�,�„��
MICHAEL S. REGAN
�r� ,�, r�n�i
I.INDA CULPEPPER
i,�r„�;,�, n„��,��,���
Cerfificate ol'Comple[ion
Upon completiun of all work approved within die 401 W'ater Qualiry Certiflcatioo or applicable Butter Rules. and
an}� subsequeni moditications. thr applicant is required to return [his cenilicale [o Ihe -101 Transportatiun Permittin_
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen�er. Raleigh. NG'_7699-1G17. l'his form
may be returned to NCDWR b� the applicant, the applicant's auihorized agent, or �he pre�ject cngineer. II is not
necessar. to send cenificates frum all ol thase.
: t pplicnnl's Cer/ifica(ian
I. . herebti� state that. tu �he best of� m� abililies. due care and dili�ence
was used in the ubservation of dm cunstruction such that lhe construction was observed to bz built within sub,tantial
compliance and in[ent uf the d01 W'ater Qualit�� Cenification and Butler Rules, thz approved plans and
specifications, and utlier suppurtin<, maierials.
Sicna[ure: Uare:
-Ige�rt's Cerlif[c•atiu��
�, . her�by sta�e �hat. to die best of my abilitizs. due care anJ diligence
was used in the ob�erva[ion of the cunstruction such that ihe construction was observed lo he huilt within substantial
compliance and inten[ of �he -101 �4'ater Quali[y Crrtilicatiun and F3uffer Rides, lhe approved plans and
specifica�ions. and olher suppurtin� materials.
Si<_na�ure: Date:
F_ngixeer's Certi�culion
Partial Final
I, , as a duly re_istered Prolessiunal Engineer in Ihz State ot North
Carolina, havin, beeo authorized to observe (periudicall��. weeklc, full time) the construction of the pruject lor diz
Pcrmittee hereby state that. to �he best of im� abilitizs, due care and dili,cnce ���s used in the observation of thz
construction such that the cunstruction was observed ro be buill within substantial compliance and inient ol the d01
Water Qualit}� Czrtiticatiun and Buffer Rules, th� approved plans anJ specitications, and other supportin, ma[erials.
Si�,naturc
Date
Re<,is[ration No.
�taLe ui Norlh Curolinu I I m irumm�uul Ou�Jm
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