20160358 Ver 1_Approval Letter_20160421

Water Resoiarcc�s
Er�vuzor�o�erain� cun�nv
PAT MCCRORY
u�„�����,�,r
DONALD R. VAN DER VAART
se��rerari•
S. JAY ZIMMERMAN
l )irec�or
April 21, 2016
Pender County
NCDWR Project No. 20160358
SR 1765 Pebble Beach Drive
State Project No. 44170.03
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL COND[TIONS
Ms. Karen Collette, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Dear Ms. Collette:
You have our approval, in accordance with the conditions listed below, for the following impacts far the purpose of
implementing secondary roadway improvements to SR 1765 (Pebble Beach Drive) in Pender County:
Site
1
3
Total
Site
1
2
Total
Stream lm acts in the Ca e Fear River Basin
Permanent Temporary Permanent Temporary Total
Fill in Fill in Fill in Fill in Stream
Intermittent Intermittent Perennial Perennial Impact
Stream Stream Stream Stream (linear ft.)
linear ft. linear ft. linear ft. linear ft.
0 0 31 0 31
0 0 12 0 12
0 0 43 0 43
Total Stream Impact for Project: 43 linear feet.
Stream Impacts
Requiring
Mitigation
(linear ft.)
�
�
43
Wetland Im acts in the Ca e Fear River Basin riverine
Fill Fill Excavation Mechanized Hand Clearing Total Wetland
(ac) (temporary) (ac) Clearing (ac) (ac) Impact (ac)
< 0.01 0 0 0 0
0.02 0 0.04 0.02 0
0.02 0 0.04 0.02 0
Total Wetland Impact for Project: 0.08 acres.
Site 1 (W[ 7)
Site 2(WI 1— W[ 6)
< 0.01
0.08
0.08
The project shall be constructed in accordance with your application dated received April 12, 2016 and revision
received on April 15, 2016. After reviewing 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 Engineers. In addition, you should acquire any other federal, state or local permits before
State of North Carolina IEnvironmental Quality � Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]

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 150 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 and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. 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)]
2. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage.
Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC
02H.0506(b)(2)]
3. Excavation for roadside swales within wetland areas shall be minimized as much as possible. Where
roadside swales are required within wetland areas they shall be constructed in such a manner that the
hydrology of the adjacent wetland is not affected. [15A NCAC 02H.0506(b)(2)]
4. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be
used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and
on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the
area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches,
basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes
of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,
• which can impinge and entrap small animals. For the establishment of temporary groundcover within
riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-
and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout
(Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to
vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-
treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated
buffers is strongly discouraged.
6. The permittee shall use /Design Standards in Sensitive Watersheds/ (15A NCAC 4B.0124[a]-[e]) in
areas draining to HQW waters. However, due to the size of the project, the NCDOT shall not be
required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
7. The project shall be constructed in accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements
of the NCGO1000. Please note the extra protections for the sensitive watersheds. [15A NCAC
02B.0211].

General Conditions
8. 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)]
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 02B.0200]
10. 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)]
11. 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)]
12. 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)]
13. 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 I SA NCAC 02H .0506 (b)(2) and
(�)(2)l
14. Heary equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
I5. 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)]
16. 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)]
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
18. 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]
19. 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)]

20. 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)]
21. 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]
22. 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.
23. 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)]
24. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all wark included in the 401 Certification has been completed. [15A NCAC 02H.0502( fl]
25. 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.056(2)(b).
26. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
27. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in 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, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Conirol Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
28. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project. [15A NCAC
02H.0506(b)(3) and (c)(3)]
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 ofthe 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]
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 401 of the Clean Water Act. If you
have any questions, please contact Mason Herndon at [phone] or [e-mail].
Sincerely,
��.
�
S. Jay immerman, irector
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Anneliese Westphal, Division 3 Environmental Unit
Travis Wilson, NC Wildlife Resources Commission
Stephen Lane, NC Division of Coastal Management
Christopher Dustin, SEPI Engineering
File Copy

Wutcr K<�5'��urr�s
ENVIRONMENIAL GUhL'�.TY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
i il1Y't'Yl7!)I'
DONALD R. VAN DER VAART
sF-��,�� ��»•,�
S. JAY ZIMMERMAN
�
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. It is not
necessary to send certificates from all of these.
ApplicanYs Certifrcation
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:
Agent'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:
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.
State of North Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617