20120935 Ver 1_Approval Letter_20120104

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E
Governor Director
January 04, 2013
Dr Greg Thorpe, PhD, Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699 -1548
Dee Freeman
Secretary
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed construction of an extension of SR I I63(Old Georgetown
Rd) from SR 1184 (Ocean Isle Beach Rd) to NC 179 in Brunswick County, State Project 6 231023, WBS
35501 1 1, TIP R -3432
NCDWQ Project No 20120935
NCDWQ Certification No 3948
Dear Dr Thorpe
Attached hereto is a copy of Certification No 3948 issued to The North Carolina Department of Transportation
(NCDOT) dated January 04, 2013
if we can be of further assistance, do not hesitate to contact us
Sincerely,
()C� 56:��
Charles Wakild
Director
Attachments
cc Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Karen Fussell, PE, Division 3 Engineer
Stoney Mathis, Division 3 Environmental Officer (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, Roadside Environmental Unit
Steve Sollod, Division of Coastal Management
Michael Ellison, Ecosystem Enhancement Program
Sonia Carrillo, NCDWQ Central Office
File Copy
Transportation and Permitting Unit
1650 Mad Service Center, Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX [phone]
Internet www ncwaterouality orm
An Equal Opportunity 1 Affirmative Acton Employer
NorthCarohna
Naturally

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Quality ( NCDWQ) Regulations in
15 NCAC 2H 0500 This certification authorizes the NCDOT to impact 0 73 acres of jurisdictional wetlands, 0 03
acres of waters and 389 linear feet of jurisdictional streams in Brunswick County The project shall be constructed
pursuant to the application dated received October 8, 2012 and revisions dated January 03, 2013 The authorized
impacts are as described below
Stream Impacts in the Lumber River Basin
Site
Station
Permanent
Temporary
Permanent
Temporary
Bank
Total
Stream
2
98 +8-� to 99 +39 -L-
Fill in
Fill in
Fill in
Fill in
Stabilization
Stream
Impacts
3
100 +97 to 105 +53 L
Intermittent
Intermittent
Perennial
Perennial
(linear ft)
Impact
Requiring
4
1 �8 +32 to 160 +27 L-
Stream
Stream
Stream
Stream
0
(linear ft)
Mitigation
Total
linear ft
linear ft
linear ft
linear ft
0
073
linear ft
2
98 +85 to 99 +39 -L
0
0
200
10
0
210
200
5A /B
29 +37 to 29 +83 -Y 10-
97*
10
39
5
28
179
0
Total
97*
10
239
15
28
389
200
Total Stream Impact for Project 389 linear feet
*denotes linear feet of stream that will be relocated
Wetland Impacts in the Lumber River Basin (riparian)
Site
Station
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing
ac
Hand
Clearing
ac
Total
Wetland
Im pact ac
Impacts
Requiring
Mitigation
2
98 +8-� to 99 +39 -L-
003
0
<0 01
<0 01
0
003
0
3
100 +97 to 105 +53 L
040
0
004
007
0
051
0
4
1 �8 +32 to 160 +27 L-
006
0
006
007
0
0 19
0
Total
049
0
010
014
0
073
0
Total Wetland Impact for Project 0 73 acres
Open Water (Tributary) Impacts in the Lumber River Basin
Site
Station
Permanent Fill in Open
Waters (ac)
Temporary Fill in Open
Waters (ac)
Total Fill in Open
Waters ac
1
46 +95 to 49 +28 -L-
003
<0 01
003
Total
003
<0 01
003
Total Open Water Impact for Project 0 03 acres
The application provides adequate assurance that the discharge of fill material into the waters of the Lumber River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance
with the application and conditions hereinafter set forth
This approval is only valid for the purpose and design that you submitted in your application dated received October
8, 2012 and revisions dated January 03, 2013 Should your project change, you are required to notify the NCDWQ
and submit anew 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 any additional wetland impacts,
or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional
compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to
remain valid, you are required to comply with all the conditions listed below In addition, you should obtain all
other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and

Erosion control, Coastal Stormwater, Non - discharge and Water Supply watershed regulations This Certification
shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit
Condition(s) 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 NCDWQIstaff shall be invited to
the pre - construction meeting
2 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
3 Pipes shall be installed in a manner that mimics the natural stream cross section as closely as possible,
utilizing the construction of floodplain benches and /or use of sills where appropriate Widening of the
stream channel shall be avoided Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts
aquatic life passage
4 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured, treated, and disposed of properly
5 The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species
6 Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to
diverting water into the new channel Stream banks shall be matted with coir -fiber matting Vegetation
used for bank stabilization shall be limited to native riparian vegetation, and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical Also, rip -rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip -rap coverage
requested Once the stream has been turned into the new channel, it may be necessary to relocate stranded
fish to the new channel to prevent fish kills
7 Pipes and culverts used exclusively to maintain equilibrium in wetlands and /or served as floodplain pipes,
where aquatic life passage is not a concern shall not be buried These pipes shall be installed at natural
ground elevation
8 Compensatory mitigation for 200 linear feet of impact to streams is required We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project
EEP has indicated in a letter dated June 7, 2012 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in
accordance with the EEP Mitigation Banking Instrument signed July 28, 2010
9 The project shall be constructed in accordance with the Stormwater Management Plan submitted in the
application and dated May 3, 2012
General Condition
10 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 down stream of
the above structures The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required
1 l 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
12 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
13 The dimension, pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
14 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
15 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
16 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
17 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
18 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
19 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
20 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
21 The perm►ttee 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 NCDWQ 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,
NCDWQ may reevaluate and modify this certification
22 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless
otherwise authorized by this certification
23 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
24 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 are prohibited unless otherwise authorized by this certification
25 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 a local, state, and

federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc
26 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
27 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
NCDWQ when all work included in the 401 Certification has been completed
28 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
29 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
30 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
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 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
31 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and /or civil penalties This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and /or Coastal Area Management Act Permit This Certification shall expire upon the
expiration of the 404 or CAMA permit
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 Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state holidays The original and one (1) 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 (919) -431 -3000, Facsimile (919) -431 -3100

A copy of the petition must also be served on DENR as follows
Mr William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This the 4th day of January 2013
DIVISION OF WATER QUALITY
Charles Wakild
Director
WQC No 3948

NCDWQ 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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 This form
may be returned to NCDWQ 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
Agent'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
Engineer's Certification
Partial Final
Date
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
Date
Registration No