20171068 Ver 1_Approval Letter_20170901

Environnirntu!
Qualiry
ROY COOPER
t;o�•�,�,�,�r
MICHAEL S. REGAN
c.•� � �-«��,
S. JAY ZIMMERMAN
uLrc'rnr
September l, 2017
Pender Coun[v
NCDWR Project No. 20171068
SR I�70 and Dan Owen Drive
TIP No. U-�732A
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDIT[ONAL CONDITIONS
Mr, Mason Herndon, Environmental Program Supervisor
NCDOT, Division 3
»O1 Barbados Bivd.
Castle Hayne, NC ?8429
Dear Mc Hemdon:
You have our approval, in accordance with [he conditions listed below, for the following impacts for the
purpose of construct a connector road between Dan Owen Drive and Factory Road (SR I�70) in Pender
County:
WeNand Im
Fi I I
Site Fill (ac) (temporar,y)
(ac)
W I OA3
W'_
W3
acts in the White Oak River Basin
Eaca�ation Mechanized Hand
(ac) � Clearing (ae) � Clearing (ac)
7btal � OA3 � 0.00 � 0.00
Total Wetland Impac[ fm� Prujeck 0.0$6 acres.
Total
Wetland
0.0�6 0. WE
0.03 0.02
0.00
OAOG 0.02 0.05<
The project shall be constructed in accordance with your application dated received August 28, 2017 and
revised maps received August 31, 2017. After reviewing your application, we have decided that these
impacts are covered by General Water Quality Certification Number 4088. This certification corresponds
to the Nationwide Permit 14 issued b}' the Corps of Engineers. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control. Non-Discharge and Water Supply Watershed regulations. This approval
will e�pire with the accompanying 404 permi[.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your pr�ject change, you must notify the NCDWR and submit a new application. Ifthe
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 to[al wetland fills for Ihis project (now or in
the future) e�ceed one acre, or of total impacts to sVeams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For this
State uf North Carolina I Environmenlal Qualil}'
1617 Mail Service Cemer I Raleigh, North Carolina 27699-1617

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
The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and essential
staff understand the potential issues with stream and pipe alignment at the permitted
site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)
and (b)(3)
2. 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.
[15A NCAC 02H.0506(b)(2) and (b)(3)
General Conditions
3. 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)]
4. 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]
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. 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)]
7. 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)]
8. 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)]
9. 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)]

l O.Heavy 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)]
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.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)]
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) ofthe
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]
15.A11 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)]
16.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)]
17.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 anc1.OS02]
18.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..
19.The Permittee shall report any violations of this certiiication to the Division of Water Resources
within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
20.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.
[15ANCAC 02H.0502(fl]
21.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.0231(a)(6)]
22. 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)]
23.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.
24. 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)]
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 iiled 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:
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 Joanne Steenhuis at [phone] or
j oanne. steenhu i s@ncdenr. gov.
Sincerely,
C� �' -�c' .
S. Jay Zimme an, Director
Electronic copy only distribution:
Brad Shaver, US Atmy Corps of Engineers, Wilmington Field Office
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Management
Stephen Lane, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

Environmer�rai
Qualrty
NCDWR Project No.:
Applicant:
Project Name:
Date of [ssuance of 401 Water Qualih Certifcation:
Cou�h�•
ROY COOPER
r,�,���•,,,o��
MICHAEL S. REGAN
ltrrr�arr
S. JAY ZIMMERMAN
� �„�<<�,,,�
CertiTicate of Completion
Upon completion of all work approved within the 401 Wa[er Quality Certitication or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to retum this certificate to the 401
Transportation Permitting Unif, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned ro NCDWR by the applicant, the applicant's
authorized agent, or the project engineec It is not necessary fo send certiticates from all of these.
Applicn�rPs Certificnlion
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 I3uffer Rules,
the approved plans and specifications, and other supporting materials.
Signature: Uate:
Agenl's Certificalinn
I. , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such Niat the construction was observed to
be built within substantial compliance and intent of the 401 Warer Quality Certification and Buffer Rules.
the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certifrcntion
Partial Final
I, , as a duly registered Professional Engineer in the State
ofNorth 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 lbilities, due care and diligence was used
in the observation of the constn�ction such that the construction �vas observed to be built within
substantial compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Swre of Nonh Carolinu I Envirunmcntal Quuliry
I nI7 Mail Service Cwter I Raleigh, North Carolina 276ev-I617