20211838 approval letter.docx

DocuSign Envelope ID: 17AOBOD4-56B5-4A9E-AO7D-8A7E2204954B
�.M STATE`u
ROY COOPER ..
Governor -
�r
ELIZABETH S.BISER * �"s n� ,
Secretory QL"
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 14, 2022
DWR#20211838
Martin County
Mr. Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton, NC 27932
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION WITH ADDITIONAL CONDITIONS
NCDOT TIP#R-4705, Martin County
Dear Mr.Williams:
You have our approval for the impacts listed below for the purpose described in your application dated received by
the Division of Water Resources (Division) December 20, 2021 and additional information dated received February
16, 2022. These impacts are covered by the attached Water Quality General Certification Number 4135 and the
conditions listed below. This certification is associated with the use of Regional General Permit
Number 198200031 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required by(but not
limited to)Sediment and Erosion Control, Non-Discharge,and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements provided that
you adhere to the conditions listed in the enclosed certification and to the additional conditions listed below.
The following proposed impacts are hereby approved. No other impacts are approved,including incidental impacts.
[15A NCAC 02H .0506(b)]
Wetland Impacts in the Tar-Pamlico River Basin
Site Fill Excavation Hand Clearing Total Wetland
(ac) (ac) (ac) Impact(ac)
3A 0.06 -- 0.13 0.19
313 0.06 -- 0.15 0.21
4 0.21 -- 0.26 0.47
5 0.08 -- 0.06 0.14
6 0.04 -- 0.06 0.10
7 0.03 -- -- 0.03
9 <0.01 -- <0.01 <0.01
10 -- <0.01 0.06 0.06
Total 0.48 <0.01 0.72 1.2
Total Wetland Impact for Project: 1.2 acres.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTH CAROLINA
kwrm..Mof oUa` /"� 919.707.9000

DocuSign Envelope ID: 17AOBOD4-56B5-4A9E-AO7D-8A7E2204954B
Stream Impacts in the Roanoke and Tar-Pamlico River Basins
Stream Stream Stream Impacts
Site Basin Type permanent temporary Total Stream Impact Requiring Mitigation
(linear ft) (linear ft) (linear ft) (linear ft)
2 Tar-Pam 1 49 27 76 na
3 Tar-Pam P 10 10 20 na
11 Tar-Pam 1 5 7 12 na
12 Roanoke P 44 20 64 na
13 Roanoke 1 4 10 14 na
14 Roanoke 1 313 17 330 na
15 Roanoke P 55 30 85 na
16 Roanoke 1 -- 14 14 na
17 Roanoke P 4 7 11 na
Total 674 208 882
1=intermittent P=perennial
na=intermittent stream or perennial stream impacts<300',no mitigation required
Open Water Impacts in the Tar-Pamlico Basin
Site Permanent Temporary Total
(ac) (ac) (ac)
1 0.004 0.001 0.005
7 0.003 0.001 0.004
7A 0.006 0.003 0.009
8 0.015 0.003 0.018
Total 0.028 0.008 0.036
Buffer Impacts in the Tar-Pamlico River Basin
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands Buffers(not Mitigation Impact Wetlands Buffers(not Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 wetlands) Required
(sq ft) (sq ft) (using 3:1 (sq ft) (sq ft) (using 1.5:1
ratio) ratio)
1 5058 0 5058 na 3695 0 3695 na
2 3457 3457 0 na 2261 2261 0 na
3 1505 0 1505 na 1209 0 1209 na
Total 10,020 3457 6563 na 7165 2261 4904 na
Total buffer impacts=17,185 sq ft na=buffer impacts<1/3 ac,no mitigation required
This approval is for the purpose and design described in your application.The plans and specifications for this project
are incorporated by reference as part of this Certification. If you change your project,you must notify the Division
and you may be required to submit a new application package with the appropriate fee. If the property is sold,the
new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC
02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with
the additional conditions below,you must notify the DWR Transportation Permitting Branch within 24 hours(or the
next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances.
Q E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
&«­ftl Ou•Z /"� 919.707.9000

DocuSign Envelope ID: 17AOBOD4-56B5-4A9E-AO7D-8A7E2204954B
The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions:
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 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]
4. 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)]
5. 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)]
6. 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)]
7. 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)]
8. 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)]
9. 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 0213.0200]
Q E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
&«­ftl Ou•Z /"� 919.707.9000

DocuSign Envelope ID: 17AOBOD4-56B5-4A9E-AO7D-8A7E2204954B
10. 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)]
11. 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)]
12. 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)]
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 0213.0200]
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 (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 046.0124,Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC
4135]
14. 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)]
15. 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]
16. 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)]
17. 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
QE Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
&«­ftl Ou•Z /"� 919.707.9000

DocuSign Envelope ID: 17AOBOD4-56B5-4A9E-AO7D-8A7E2204954B
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.
18. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 213.0734(11)]
19. 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)]
20. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements of
the NCG01000.
21. 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)]
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
23. 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 0213.0200]
24. 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)]
25. 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)]
26. 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)]
27. 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)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code(NCAC)2H .0500. Title 15A NCAC 2H.0500 requires certifications
pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a
discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations(CFR) Part 323.
It also states any person desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division
of Water Quality. Pursuant to G.S.143-215.6A,these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of$25,000.00 per day for each violation.
Q Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
&«­ftl Ou•Z /"� 919.707.9000

DocuSign Envelope ID: 17AOBOD4-56B5-4A9E-AO7D-8A7E2204954B
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina
General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the
OAH Clerk's Office at(919)431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification
in accordance with N.C.G.S 15013-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Garcy Ward at 252-948-3917 or [e-mail] if you have any questions or
concerns.
Sincerely,
E
DOCUSigned by:
�-YVI.W ��,(,L�PY1�(A�.
9C9886312=474_.
S. Daniel Smith, Director
Division of Water Resources
cc:
Kyle Barnes, USACE Washington Regulatory Field Office(via email)
Garcy Ward, NC Division of Water Resources,Washington Regional Office
File Copy
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CARO"NA
«� �•� /"� 919.707.9000