20160089 Ver 1_Approval Letter_20160215

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
��,��r „�,r
DONALD R VAN DER VAART
Sew erm�,
S JAY ZIMMERMAN
Uil rGlo!
February 15, 2016
Camden County
NCDWR Pro�ect No 20160089
U S 17 improvements
State Pro�ect No 50138.1 65
APPROVAL oi 401 WATEIt QUALITY CEItTIFICATION with ADDITIONAL CONI)ITIOIiTS
Mr Clay Willis
NCDOT, Division One
113 Airport Drive, Surte 100
Edenton, NC 27932
Dear Mr Willis
You have our approval, m accordance with the condrtions listed below, for the followmg impacts for the purpose of
makmg improvements to the mtersection of U S 17 and US 17 Business near the town of South Mills in Camden
County
VVefland 1m acts in the �as uotanic aak Basin
Site �'etland Fill Wetland
(ac) Excavation (a
1 005 005
2 005 --
Total 0 O1 005
Net Total 0.015
The pro�ect shall be constructed m accordance with your application dated received January 25, 2016 After
reviewmg your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit� 14 issued by the Corps of Engmeers. In
addition, you should acquire any other federal, state or local permits before you proceed with your pro�ect mcludmg
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations This
approval will exp�re wrth the accompanying 404 permit
This approval is valid solely for the purpose and design described m your applicat�on (unless modified below)
Should your pro�ect change, you must norify the NCDWR and submrt 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 pro�ect (now or m the future) exceed one acre, or of total
impacts to streams (now or m the future) exceed 150 lmear feet, compensatory mitigation may be required as
described m 15A NCAC 2H 0506 (h) (6) and (7) Addrtional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B �Z59 �oi this approval to iemam vaiid, you must adhere io the corditions iisted in
the attached cert�fication and any addrtional condihons l�sted below
State of North Carolma �Env�romnertal Quahty � Water Resourcas
1617 Mail Service Center Raleign, North Carolina 27699-1617

Condition(s) of Ceriification:
1 The issuance of this certification does not exempt the Permittee from complymg with any and all statutes, rules,
regulations, or ordmances that may be imposed by other government agencies (i e local, state, and federal)
havmg�urisdichon, mcludmg but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc
2 The Permittee shall ensure that the fmal design drawmgs adhere to the certification and to the drawinas
submitted for approval [ 15Ei NC�,� 02H 0507 (c) and i SA NCAC 02H .0506 (b)(2) and (c)�2)]
Unless otherwise approved m this certificahon, 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 mches, and 20 percent of the culvert diameter for culverts havmg a diameter less than 48 mches, to allow
low flow passage of water and aquatic life Design and placement of culverts and other structures mcludmg
temporary erosion control measures shall not be conducted m a manner that may result m dis-equilibrium of
wetlands or streambeds or banks, ad�acent to or upstream and downstream of the above structures The applicant
is requ�red to provide evidence that the equilibrium is bemg mamtamed if requested m wrrtmg by NCDWR If
this condition is unable to be met due to bedrock or other limttmg features encountered durmg construction, please
contact NCDWR for guidance on how to proceed and to determme whether or not a permit modification will be
requ�red [ 15A NCAC 02H.0506(b)(2)]
4. Pipes and culverts used exclusively to mamtam equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be burted These pipes shall be installed at natural ground elevation
5. All fill slopes located m jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification. [15A NCAC 02H 0506(b)(2)]
6 Durmg the construction of the pro�ect, no stagmg of equipment of any kmd is permitted m waters of the U S, or
protected npanan buffers [15A NCAC 02H 0506(b)(2)]
7 All mechanized equipment operated near surface waters must be regularly u►spected and mamta�ned to prevent
�ontammahon of st�ea:n waters frem fi:Pls, lubr�cants, hydra�al�c flu�ds, or c�ther toxic rr.atenals f 15A NCAC
U2H 0506(b)(3)]
8 Erosion and sedunent control practices must be m full comphance with all specifications governing the proper
design, installation and operation and mamtenance of such Best Management Practices m order to protect
surface waters standards [15A NCAC 02H 0506(b)(3) and (c)(3)]
a The erosion and sediment control measures for the project must be designed, mstalled, operated, and
mamtamed m accordance with the most recent version of the North Carolina Sedrment and Eros�on
Control Plannmg and Design Manual
b The design, installation, operation, and mamtenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified m the most recent version of the North
Carolina Sediment and Eros�on Control Manual The devices shall be mamtamed on all construction
srtes, borrow sites, and waste pile (spoil) pro�ects, mcludmg contractor-owned or leased borrow pits
associated wrth the pro�ect
c For borrow pit sttes, the erosion and sediment control measures must be designed, mstalled, operated,
and mamtamed m accordance with the most recent version of the North Carolrna Surface M�ning
Manual
d The reclamation measures and implementation must comply with the reclamahon ui accordance wrth the
requ�rements of the Sedunentation Pollution Control Act
9 Sediment and erosion control measures shall not be placed m wetlands or waters unless otherwise approved by
this Certification [15A NCAC 02H 0506(b)(3) and (c)(3)]
10 There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated with this
permit without appropnate modification Should waste ar borrow sites, or access roads to waste or borrow srtes, be
located m wetlands or streams, compensatory mrtigahon will l�e requ�red smce that is a direct unpact from roa�'
construction act�vihes.[l5A NCAf� 02H 0506(b)(3) and (c)(3)

11. Erosion control mattmg in riparian areas shall not contain a nylon mesh grid which can impmge and entrap
small animals Mattmg should be secured m place by staples, stakes, or wherever possible hve stakes of native
trees Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B 0224, 0225]
12 Dischargmg hydroseed mixtures and washing out hydroseeders and other equipment m or ad�acent to surface
waters is prohibited [15A NCAC 02H.0506(b)(3)]
13 Native riparian vegetation (ex. l:st trees and shrubs native to your geographic region) must be reestablished
withm the construction limits of the pro�ect by the end of the growmg season followmg completion of
construction
14 The permittee and its authorized agents shall conduct rts activities m a manner consistent with State water
quahty standards (mcluding any requ�rements resultmg from comphance with §303(d) of the Clean Water Act)
and any other appropriate requirements of State and Federal law. If NCDWR determines that such standards or
laws are not being met (mcluding the failure to sustam a designated or achieved use) or that State or federal law
is being violated, or that further condrtions are necessary to assure compliance, NCDWR may reevaluate and
modify this certification. [15A NCAC 02B.0200]
15 T'he 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)]
16 Upon completion of the pro�ect (including any impacts at associated borrow or waste site), the NCDOT
Division Engmeer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWR when all work mcluded m the 401 Certification has been completed. [ 15A NCAC 02H.0502( fl]
17. A copy of this Water Quality Certification shall be mamtained on site at the construction srte at all times In
addrtion, the Water Quality Certification and all subsequent modifications, if any, shall be maintamed wrth the
Division Engineer and the on-srte pro�ect manager [15A NCAC 02H 0507(c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)] •
if yv'� wisl: to c�r_test any statPment m the atta�he� Certifica±ion ;�ou must fi!e � petition for an a�miristrat:ve
hearmg You may obtam the petition form from the office of Admmistrative hearings You must tile the petrtion
with the office of Admmistrative Hearings wrthm sixty (60) days of receipt of this notice A petition is considered
filed when rt is received in the office of Admimstrative Hearmgs durmg normal office hours The Office of
Admmistrative Hearings accepts filmgs Monday through Friday between the hours of 8 OOam and S.00pm, except
for official state holidays. The origmal and one (1) copy of the petrtion must be filed with the Office of
Admmistrative Hearmgs
The petrtion may be faxed-provtded the origmal and one copy of the document is received by the Office of
Admmistrative Hearings within five (5) business days followmg the faxed transmission
The mailing address for the Office of Administrative Hearmgs is
Office of Administrative Hearmgs
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 Quahty
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 garcy ward@ncdenr gov -
Smcerely,
��.
,
S 3ay Zimmerman, Du-ector
Division of Water Resources
Attachments (General Certificarions and Certificate of Completion form)
Electromc copy only distribution
Tracey Wheeler, US Army Corps of Engineers, Washmgton Field Office
Clay Willis, NC DOT Division 1
Greg Daisey, DCM, Elizabeth City
Cathy Brittmgham, DCM, Raleigh
Garcy Ward, NC DWR, Washmgton Regional Office
File Copy

;�
Water Resources
ENVIRONMENTAL �UALITY
NCDWR Project ivo.:
.�pplicant:
Project l�iame:
Date of Issuance of 401 Water Quality Certification:
C011lltj�:
PAT MCCRORY
�r�»��1»�„
DONALD R VAN DER VAART
Secrclni��
S JAY ZIMMERMAN
Un eclor
Certificate of Completion
Upon completion of all work approved withm 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 Permrttmg
Umt, North Carolma Division of Water Resources, 1617 Mail Service Center, Raletgh, NC, 27699-1617 This form
may be returned to NCDWR by the apphcant, the ap�hcant's authorized agent, or the pro3ect engmeer It is not
necessary to send certificates from all of these ,
App[icant's Certification
I, , hereby state that, to the best of my abilrties, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specif cations, and other supportmg materials
Signature Date
Age;a�'s Ce.tification
I, , hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
comphance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer m the State of North
Carolma, havmg been authorized to observe (periodically, weekly, full time) the construction of the pro�ect for the
Permittee hereby state that, to the best of, my abilrttes, due care and diligence was used tn the observatton of the
construction such that the construction was observed to be built wrthm substantial compliance and mtent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials
Signature Registration No
Date
State of Nodh Carolma �Env�rcnmental QuaLty � Water Resoarces
1617 �1ad Service Center, Raleign, North Carolma 27o95-to17
Phone [phone]