20170723 Ver 1_Approval Letter_20170705

ROY COOPER
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MICHAEL S. REGAN
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Environmentul S. JAY ZIMMERMAN
Quality ir„e•<��„
July 5, 2017
Dare County
NCDWR Project No. 20170723
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc George Price
Cape Hatteras Electric Cooperetive
47109 Li2ht Plant Road
Buxton, NC 27920
Dear Mc Price:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
installing a new transmission circuit necessitated by the construction of the new Bonner Bridge and the construction
of an access road to an existing substation in Dare Counry:
Wetland Imoacts in the Pasquotank River
Site Wetland Pill (ac) Hand Cleari
1 0.I5 027
2 -- 060
Total 0. I 5 .087
Net Total 0.237
Total Wetland Impact for Projecr 0.237 acres.
The project shall be constructed in accordance with your application dated received June 7, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4088. This certification corresponds m the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or Iocal permits before you proceed with your project including (bu[ not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Warershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your applica[ion (unless modified below).
Should your project change, you must notify the NCDWR and submi[ a new application. If [he property is sold, ihe
new owner mus[ be given a copy of this Certification and approval letter, and is Ihereby responsible for complying
with all the conditions. If rotal wetland tills for this project (now or in [he future) exceed one acre, or of [otal
impacts [o streams (now or in [he fu[ure) esceed I50 linear fee[, compensa[ory mitiga[ion may be required as
described in ISA NCAC �H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
condi[ions lis[ed in [he a[[ached certification(s) and any additional conditions listed below.
Condi[ion(s) of Certification:
The issuance of this certification does not exempt the Pem�ittee from complying with any and all statutes, rules,
re�ulations, or ordinances that may be imposed by other govemment a�encies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, srormwater management rules, soil erosion and
sedimentation control requirements, etc.
'�"Nothing Compares ��.
Stare ot Notth Carolina � Environmenlal Quality
1617 Mail Servica Cznter I Raleigh. North Carolina 27699-1617

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 conslruction 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 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)] ,
6. 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 Control
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.
7. 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)]
8. Erosion control matting in riparian areas shall not contain a 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.0224, .0225]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
13. Discharging hydroseed mixtures and washing out hydroseeders and'other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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

aze not being met (including the failure ro sustain a designated or achieved use) or that State or federal law is being
violated, or that fivther conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [ I SA NCAC 02B.0200]
15. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
16. 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 work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
17. A copy of this Water Quality Certification shall be maintained on the constrvction site at all times. [n 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 (bx2) and (cX2)]
If you wish ro contest any statement in the attached Certification you must file a petition for an administra[ive
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 sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Heazings during normal office hours. The Office of
Adminislrative 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
Adminishative 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 Adminisirative 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:
Mc Sam M.Hayes, General Counsel
Department of Enviranmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Garcy Ward at [phone] or [e-mail].
incerely� %
.� .
' " �� C �
S. Jay immerman, irector
Di ' an of Water Resowces
Electronic copy only distribution:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Endvonmental Officer
Steve Thompson, National Pazk Service
Liz Ward, Booth & Associates, LLC
Greg Daisey, NC Division of Coastal Management
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy

En viron m en tu I
QUQ�Ify
NCDWR Project No.:
Applicant:
Project Name:
Date of lssuance of 401 Water Quality Certification:
Countv:
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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Certificate of Completion
Upon completion ot all work approved within [he 401 Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent moditications. [he applicant is requimd to return this certifica[e to Ihe 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center. Raleieh, NC, 27699-1617. This form
may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineer. It is not
necessary to send certificates from all of these.
Applica�iYs Cerlifrcation
1, , hereby stare that, to the best of my abilities, due care and diligence
was used in the observation of the consVuction such that die construction was observed to be built within substantial
compliance and in[ent of the 401 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and o[her supporting materials.
Signawre: Dare:
Ageni's CerlifrenNm+
I, , hereby stare that, to the best of my abilities, due care and dili;ence
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:
Engineer's Crr�ificatiow
Partial Final
I. , as a duly registered Professional En�ineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction ofthe project for the
Permittee hereby state that, ro the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed ro be built within substantial compliance and intent of the 40I
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
'�"Nothing Compares :- �
State of Nonh Carohna I Em irunmental Quality
1617 Mail Szmce Ccn[zr I Raleigh, Nonh Camhna 27699-1617