20180839 Ver 2_Approval Letter_20210426

DocuSign Envelope ID: C83A05B2-E950-4517-9DEE-04FAB075A662
T[0;
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CARO/INA.
Ervdranrnenl!&ll Qrlorrly
April 26, 2021
Dare County
NCDWR Project No. 20180839 v.2
TIP R-5014
REISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27688-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
making improvements to SR 1217 (Colington Road) in Dare County:
Wetland Imuacts in the Pasauotank River Basin
Site
Wetland Fill
Permanent (ac)
Wetland
Excavation (ac)
Wetland Hand
Clearing (ac)
1
0.04
--
0.02
2
<0.01
<0.01
<0.01
3
<0.01
--
<0.01
4
0.22
--
0.05
5
0.28
--
0.03
6
0.02
--
0.03
7
0.04
--
0.02
8
0.04
--
0.02
9
<0.01
--
<0.01
10
--
--
0.02
11
--
<0.01
<0.01
12
<0.01
--
<0.01
13
<0.01
--
<0.01
14
<0.01
--
<0.01
15
<0.01
--
<0.01
16
0.02
--
--
17
<0.01
--
0.03
18
0.07
--
0.03
19
0.05
--
0.03
20
<0.01
--
0.01
21
<0.01
--
<0.01
Total
0.80
<0.01
0.32
Net Total
1.13 ac
*Total includes 0.21 ac of coastal wetlands
rrMrwr1r
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C83A05B2-E950-4517-9DEE-04FAB075A662
Stream and Open Water Impacts in the Pasquotank River Basin
Site
2 - culvert
9 - culvert
9 — bank stabilization
12 — culvert
12 — bank stabilization
16
Total
Net Total
Stream
Permanent
(1f)
32
23
55
71
Stream
Temporary
(1f)
16
18
181
242 if
27
61
Open Water
Permanent
(ac)
<0.01
<0.01
0.01
<0.01
0.02
<0.01
0.06
Open Water
Temporary
(ac)
0.02
0.03
0.14
0.02
0.08
The project shall be constructed in accordance with your application dated received March 17, 2021. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4135. This certification corresponds to the Regional General Permit 201902350 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 300 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(s) and any additional conditions listed below.
Condition(s) of Certification:
1. 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.
2. 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)]
3. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile driving or
vibration techniques) prescribed by DCM Fisheries and/or the North Carolina Wildlife Resources Commission. No
in -water work is permitted between April 1 and September 30 of any year, without prior approval from the NC
Division of Water Resources and the North Carolina Division of Marine Fisheries. In addition, the permittee shall
conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)
at all times.
4. 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. [15A NCAC 02H.0501
and .0502]
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 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)]
"rrMr.,r1rl`/
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C83A05B2-E950-4517-9DEE-04FAB075A662
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 construction, 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 multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should 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. [15A NCAC 02H.0506(b)(2)]
9. 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 conditions. [15A NCAC
02H.0506(b)(2)]
10. 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)]
11. 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]
12. 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)]
13. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A 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
occur. [15A NCAC 02H .0506 {b)(3) and (c)(3) and 15A NCAC 02B .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 Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
b. All 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. Sufficient 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 Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
err M r..r1r�`
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C83A05B2-E950-4517-9DEE-04FAB075A662
14. Erosion control matting in riparian areas shall not contain a plastic or 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. [15A NCAC 02B.0201]
15. If placement of sediment and erosion control devices in wetlands and waters 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 structures.
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 that the Division of Energy, Mining and Land Resources (DEMLR)
or locally delegated program has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
16. 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)]
17. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCG01000.
18. 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.0506(b)(2)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
20. 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]
21. 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)]
22. The NCDOT will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete the "Certification of Completion Form" to notify the NCDWR when all work included in
the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
24. 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)]
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 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
"rrMr.,r1rl`/
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C83A05B2-E950-4517-9DEE-04FAB075A662
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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
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,
,..—DocuSigned by:
"-9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Chris Rivenbark, NCDOT
Paul Williams, NCDOT, Division 1
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Cathy Brittingham, NC Division of Coastal Mangement
Greg Daisey, NC Division of Coastal Management
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy
rwr1r ErM7
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000