20211026 Ver 1_20211026 approval letter reissuance.docx_20211220

DocuSign Envelope ID:2297FB36-77FF-41 EB-13590-C7221`9608463
x Sitr.
ROY COOPER "{{
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Enleoronmertfal Quality
December 17,2021
Martin County
Beaufort County
NCDWR Project No.20211026
TIP R-2511
REISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr.Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton,NC 27932
Dear Mr.Williams:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of
the widening of US 17 in Martin and Beaufort Counties:
Wetland Impacts in the Roanoke and Tar-Pamlico River Basins
Site Wetland Fill Fill Excavation Mechanized Hand Total
Type (ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact
(ac)
1 riparian -- -- -- <0.01 0.01 0.01
2 non-riparian 0.26 0.01 -- 0.05 -- 0.32
5 riparian 1.00 0.04 -- 0.27 0.83 2.14
6 non-riparian 0.02 <0.01 -- 0.01 -- 0.02
7 riparian 0.11 -- -- 0.03 0.13 0.27
8 riparian 1.10 -- 0.06 0.32 0.76 2.24
9 riparian 0.64 0.03 0.01 0.15 0.22 1.05
12 riparian -- <0.01 -- -- 0.03 0.03
14 riparian <0.01 0.05 -- 0.08 0.86 0.99
Total 3.14 0.14 0.07 0.91 2.84* 7.1
*all hand clearing impacts due to utilities
Open Water Impacts in the Roanoke River Basin
Site Type Basin Fill(ac)
12 Pond Roanoke 0.50
D_E North Carolina Department of Environmental Quality Division of Water Resources
L-10. 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:2297FB36-77FF-41 EB-B590-C722F96084B3
Stream Impacts in the Roanoke and Tar-Pamlico River Basins
Permanent Temporary Total Stream Stream Impacts
Site Type Basin Impact Requiring
(linear ft) (linear ft) (linear ft) Mitigation(linear ft)
1 P Tar-Pam 79 20 99 n/a
2 P Tar-Pam 351 13 364 351
3 P Tar-Pam 284 38 322 n/a
4 I Tar-Pam 129 10 139 n/a
5 P Tar-Pam 7 155 162 n/a
7 P Roanoke 128 20 148 n/a
8 P Roanoke 286 9 295 n/a
9 P Roanoke 227 36 263 n/a
10 1 Roanoke 129 13 142 n/a
11 P Roanoke 512 42 554 512
12 P Roanoke 40 10 50 n/a
13 P Roanoke 169 20 189 n/a
Total 2,341 386 2,727 863
n/a--stream impacts<300 If and/or intermittent stream,no mitigation required
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Zone 2 minus =Zone 2 Zone 2
Impact Wetlands Buffers(not Buffer Impact Wetlands Buffers(not Buffer
(sq ft) in Zone 1 wetlands) Mitigation (sq ft) in Zone 2 wetlands) Mitigation
(sq ft) (sq ft) Required (sq ft) (sq ft) Required
(using 3:1 (using 1.5:1
ratio) ratio
1 5529 176 5353 n/a* 4527 6 4521 n/a*
2 16327 2030 14297 42,891 10878 2688 8190 12,285
3 14972 -- 14972 44,916 8618 -- 8618 12,927
4 8377 -- 8377 n/a* 5662 -- 5662 n/a*
5 8230 8230 0 n/a** 5181 5181 0 n/a**
Total 53,435 10,436 42,999 87,807 34,866 7,875 26,991 25,212
*=impact<1/3 ac,mitigation not required
**=impact due to bridge construction,mitigation not required
The project shall be constructed in accordance with your application dated received June 23,2021 and additional
information received November 30,2021. 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 Permit Number 198200031 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
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:2297FB36-77FF-41 EB-B590-C722F96084B3
described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0714.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:
Project Specific Conditions
1. Compensatory mitigation for 863 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 Division of
Mitigation Service(DMS)(formerly NCEEP),and that the DMS has agreed to implement the mitigation for the
project. The DMS has indicated in a letter dated June 29,2021 that they will assume responsibility for satisfying
the federal Clean Water Act compensatory mitigation requirements for the above-referenced project,in
accordance with the DMS Mitigation Banking Instrument signed July 28,2010.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. Compensatory mitigation for impacts to 4.12 acres of wetlands(3.78 ac riparian,0.35 ac non-riparian)is
required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands
through the North Carolina Division of Mitigation Services(DMS)(formerly NCEEP),and that the DMS has
agreed to implement the mitigation for the project. DMS has indicated in a letter dated June 29,2021 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010.
3. Compensatory mitigation for impacts to 29,269 square feet of protected riparian buffers in Zone 1 shall be
required at a 3:1 ratio for a total of 87,807 square feet of required Zone 1 mitigation. Compensatory mitigation
for impacts to 16,808 square feet of protected riparian buffers in Zone 2 shall be required at a ratio of 1.5:1 for a
total of 25,212 square feet of required Zone 2 mitigation. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of
Mitigation Services(DMS)(formerly NCEEP). Mitigation for unavoidable impacts to Tar-Pamlico Buffers shall
be provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC .02B .0295.The DMS has
indicated in a letter dated June 29,2021 that they will assume responsibility for satisfying the compensatory
mitigation requirements for the above-referenced project,in accordance with DMS's Mitigation Banking
Instrument signed June 14,2016.
General Conditions
4. 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.
5. 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)]
6. 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]
7. 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. [I 5A NCAC 02H.0506(b)(2)]
8. 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)]
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
°'p-a L" �� 919.707.9000

DocuSign Envelope ID:2297FB36-77FF-41 EB-B590-C722F96084B3
9. 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. [1 5A NCAC 02H.0506(b)(2)]
10. 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.
[15ANCAC 02H.0506(b)(2)]
11. 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)]
12. 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. [I 5A NCAC 0213.02001
13. 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)]
14. 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)]
15. 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)]
16. 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]
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
an—a L" �� 919.707.9000

DocuSign Envelope ID:2297FB36-77FF-41 EB-B590-C722F96084B3
17. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
18. 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]
19. 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)]
20. Pursuant to 15A NCAC 2B.0734(11),temporary sediment and erosion control devices are not allowed in Zone
1 of the Tar-Pamlico riparian buffer outside of the approved project impacts. Sediment and erosion control
devices shall be allowed in Zone 2 of the buffers provided that the vegetation in Zone 1 is not compromised
and that discharge is released as diffuse flow.Upon completion of construction the disturbed area shall be
restored to preconstruction topographic and hydrologic conditions and replanted with comparable vegetation
within 2 months of when construction is completed. At the end of 5 years any restored wooded riparian buffer
shall comply with the restoration criteria in Rule.0295(i)of this subchapter.
21. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless
otherwise approved by this certification.Insert buffer rule citation. [15A NCAC 2B.0734(11)]
22. As a condition of this 401 Water Quality Certification,the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
23. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)
where possible before entering the stream. To meet the requirements of NCDOT's NPDES permit
NCS0000250,please refer to the most recent version of the North Carolina Department of Transportation
Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H.0507(d)(2)
and 15A NCAC 02H.0506(b)(5)]
24. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary
causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should
barges be dragged along the bottom of the surface water. [15A NCAC 02H.0506(b)(3)]
25. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft
construction methods.More specifically,jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
26. 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)]
27. 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.
[I5ANCAC 02H.0506(b)(2)]
28. 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. [15A NCAC 02H.0506(b)(3)]
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
an—a L" �� 919.707.9000

DocuSign Envelope ID:2297FB36-77FF-41 EB-B590-C722F96084B3
29. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel,on the stream bank,or within 5 feet of the top of bank,or during the removal of bents from an old
bridge.This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3)]
30. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements
of the NCGO 1000.
31. 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. [I 5A NCAC 02B.0506(b)(2)]
32. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
33. 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]
34. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [I 5A NCAC 02B.0506(b)(2)]
35. 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)]
36. 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)]
37. 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: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: [phone],Facsimile: [phone]
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
an—a L" �� 919.707.9000

DocuSign Envelope ID:2297FB36-77FF-41 EB-B590-C722F96084B3
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(252)948-3917 or [e-mail].
Sincerely,
DocuSigned by:
S. �1reCtOr
Division of Water Resources
Electronic copy only distribution:
Kyle Barnes,US Army Corps of Engineers,Washington Field Office
Garcy Ward,NC Division of Water Resources Washington Regional Office
File Copy
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
an—a L" �� 919.707.9000