20161267 Ver 1_Approval Letter_20170127

En vironm en ta I
QUCl(1 t}�
ROY COOPER
Gnrer�mr
MICHAEL S. REGAN
Seu�emrr
S. JAY ZIMMERMAN
vhermr
January 27, 2017
Gates County
NC D W R Project No. 20161267
Zebra Road pipes
State Project No. 362493664
APPROVAL of 401 WATER QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS
Mc Paul Williams
NCDOT, Division 1
113 Airport Drive, Suite 100
Edenton, NC 27932
DearMc Williams:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
installing (2) I8"x 30' equalizer pipes on Zebra Rd in the Chowan Swamp Game Lands in Gates County:
nd Imoacts in [he Chowan River Basin
Site Wetlands We[lands (hand
excavation ac clearin ac
I DA 9 0007 0014
DA 10 0007 0014
Total 00I4 0028
Net total 0042
To[al Wetland Impact for Project:.0042 acres.
The project shall be eonstructed in accordance wi[h your application dated received December 20, 2016. After
reviewing your application, we have decided that these impacts are covered by General Wa[er 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 permi[s before you proceed wi[h your project including
(but not limited [o) Sediment and Erosion Control, Non-Discharge and Wa[er Supply Watershed regula[ions. This
approval will expire with the accompanying 404 pemiit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your projec[ change, you must notify [he NCDWR and submit a new applica[ion. If [he property is sold, [he
new owner must be �iven a copy of this Certification and approval letter, and is thereby responsible for comptying
with all the conditions. Iftotal wetland fills for this project (now or in the fumre) exceed one acre, or oFtotal
impacts to streams (now or in the fumre) exceed I50 linear feet, compensatory mitigation may be required as
described in I 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.
- " �'Notfiing Compares"-,
State ofNortli Carolina I environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617

Condition(s) of Certif cation:
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. 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] �
4. 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]
5. During the conshuction 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)]
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. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation.
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. 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)]
10. 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)]
11. 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)]
12. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
13. 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)]

14. Erosion and sediment con[rol prac[ices must be in full compliance with all specifica[ions governing the proper
design, installation and operation and maintenance of such Bes[ Managemen[ Practices in order to protect surface
waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment con[rol measures for [he project mus[ be designed, installed, opera[ed, and
maintained in acwrdance with the most recent version of [he North Carolinu Sediment and Erosron Control
PlunninK and Dcsign Munuul.
b. The design, installa[ion, opera[ion, and maintenance of [he sediment and erosion conVol measures must be
such [hat they equal, or exceed, the reqoiremen[s specified in [he most recen[ version of [he North Carolina
Sediment and Erosion Control ManuaL The devices shall be maintained on all construction sites, borrow
sites, and was[e pile (spoil) projec[s, including contracror-owned or leased borrow pits associated wi[h the
project.
c. For bortow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recen[ version of [he North Carolinu Surface Mining Manual.
d. The reclamation measures and implementation mus[ comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
15. Erosion control ma[ting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be sewred in place by staples, s[akes, or wherever possible live s[akes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank [I SA NCAC 02B.0224, .0225]
16. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabiliza[ion shall be placed in stream channels in such a manner that i[ does not impede aquatic life passage.
[I SA NCAC 02H.0506(b)(2)]
17. Heavy equipment shall be operated from Ihe banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream [ I SA NCAC 02H.0506(b)(3)]
1 S. All mechanized equipment operated near surface wa[ers mus[ be regularly inspected and maintained to preven[
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ISA NCAC
02H.0506(b)(3)]
19. Na[ive riparian vegetation most be rees[ablished in [he riparian areas wi[hin the construction limits of the projec[
by [he end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [ISA NCAC 02H.0506(b)(3)]
21. The permittee and its authorized agents shall conduct its activities in a manner consistent with State wa[er 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 [he NCDWR de[ermines 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, [he NCDWR may reevaloate and modify
[his certification. [15A NCAC 026.0200]
22. The Pertnittee shall report any viola[ions of this certifica[ion to the Division of Wa[er Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
23. Upon comple[ion of the projec[ (including any impacts a[ associated borrow or waste sites), [he NCDOT Division
Engineer shall complete and retum the enclosed "Certification of Completion Form° to notify [he NCDWR when
all work included in the 40I Certification has been completed. [ISA NCAC 02H.0502(�]
24. 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, ifany, shall be maintained wi[h [he Division Engineer
and the on-site project manager. [15A NCAC 02H .0507(c) and I SA 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 adminishative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Adminislrative Hearings within si7cty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings dwing normal office hours. The Office of
Administrative Hearings accepu 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.
1'he petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) b�siness 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 29699-6714
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 Garcy Wazd at [phone]or [e-mail].
Sincerely,
f -� �
� Zimmerman, D ector
Division of Water Resources
Electronic copy only distribution:
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Environmental Otiicer
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

Environmen ral
Quality
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Wa[er Qualitv Certification:
County:
ROY COOPER
Gorrrnar
MICHAEL S. REGAN
��•���,�r�,���
S. JAY ZIMMERMAN
ur,��•�v,,,�
Certificate of Completion
Upon comple[ion of all work approved within the 401 Water Quality Ccrtifica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this cenificare to the 401 Transponation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27599-1617. This form
may be remmed to NCD W R by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary ro send certificates from all of these.
Applicant's Cerliftca�ion
I, , hereby s[ate [ha[, [o [he 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 inten[ of [he 401 Wa[er Quality Certitication and Buffer Rules, [he approved plans and
speciticatio�s, and o[her supporting materials.
Signature: Date:
Agent's Certifieution
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 Qualiry Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engiieeer's Cerlificn�ion
Partial Final
l, , as a duly registered Professional En�,ineer in [he Sta[e of North
Carolina, havinq been authorized to observe (periodically, weekly, full time) the construction of the project for [he
Pemiittee hereby state that, to the best of my abilities, due care and diligence was used in [he observa[ion of the
construc[ion such that the construction was observed [o be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportine materials.
Si�namre
Date
Registration No.
"Nathing Compares "— �
Stete oY North Carollna I Environmental QualiN
1617 Mail Service Center I Raleigh, North Carolina 27699-1617