20130649 Ver 3_Approval Letter_20151026

Pat McCrory .
Governor
North Carolina Department of Environmental Quality
Donald R. van der Vaart
Secretary
October, 26, 2015
Dare County
NCUWR Project No. 20130(i49 v.3
TIP K-3800
MODIFICATION of APPROVAL of 401 WATER QUAWTY CERTIFICATION and TAR-PAMLICO
BUFFER AUTHORIZATION with ADDITIONAL CO1�iDIT10NS
Mr. Colin Mellor, Group Leader
Project Development and Environmental Analysis Unit
North Carolina Department of Transportation
Raleigh, North Carolina, 27699-1598
Dear Mr. Mellor:
This approval modifies the buffer mitigation requirement resulting from the construction of a new rest area along US
17 near Chocowinity in Beaufort County. This approval is only valid for the purpose and design that you submitted
in your permit modification request dated received October 15, 2105. All the authorized activities and conditions
associated with the original Water Quality Certification dated August 9, 2013, and modification dated May 26, 2014
still apply except where superseded by this certification. After reviewing your application, we have decided that
these impacts are covered by General �Vater Quality Certification Number 389 L This certification corresponds to
the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico
Riparian Buffer Rules (15A NCAC 2B .0259). In addition, you should acquire any other federal, state or local
permits beiore you proceed with your project including (but not limited to) Sediment and Erosion Con�rol, 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 150 linear feet, compensatory mitigation may be required as
described in l SA 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:
Project Specific Conditions
Compensatory mitigation for impacts to12,935 square feet of protected riparian buffers in Zone 1 and
9,291 square feet of protected riparian buffers in Zone 2 is required. The total on-site buffer mitigation
proposed is 81,457 square feet. After debiting 52,742 square feet to cover the impacts, there is 28,715
square feet of buffer mitigation remaining. In agreement with NC DOT, this remaining amount shall be
allotted to this project to compensate for the allowance of lower planting densities. The on-site buffer
mitigation shall be constructed and maintained in accordance with the design submitted in your October
15, 20 i 5 ap�ilicatian. All on-siie mitigaiion sites �hail be protected in perpetuity by a conservaiion
easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment
Unit mitigation geodatabase.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmative Action Employer

The permittee shall monitor the buffer mitigation site. Monitoring shall consist of visual review and viable
stem counts. An annual report shall be submitted to NCDWR for a period of 5 years showing monitoring
results including: bank stability, survival rate/ success of tree and vegetation establishment, and that
diffuse flow through the riparian buffer has been maintained. The first annual report shall be submitted
within one year of final planting. Failure to achieve a buffer density of 1 15 trees per acre after 5 years will
require the annual report to provide appropriate remedial actions to be implemented and a schedule for
implementation. Approval of the final annual report, and a formal "close out" of the mitigation site by
NCDWR is required. This condition replaces Project Specific Condition Number 3 in the May 26, 2014
approval.
General Conditions
L This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions associated with the original Water Quality Certification dated August 9, 2013 and subsequent
modifications still apply except where superseded by this certification.
2. A copy of this Water Quality Certification shall be maintained on site at 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.
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 S: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 mailin� address for the Office of Administrative Hearings is:
Oftice 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. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 40l of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone] or [e-mail].
Sincerely,
��
S. Jay immerma , Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, NC DOT Division2 Environmental Officer
Garcy Ward, NC DWR
Chris Rivenbark, NC Department af Transportation
File Copy

North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Appli�ant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
county:
Donald R. van der Vaart
Secretary
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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. [t 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:
Agert'� Certificatian
I, , here�y staTe that, to the bP�* of my ab?lit:es, due care ar.d �iligPnce
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 40l Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
An Equal Opportunity 1 Affirmative Action Employer