20171100 Ver 1_Approval Letter_20171023

Environrnentu(
Qualrry
ROY COOPER
Gorun,or
MICHAEL S. REGAN
�Sr�.r�an�
S. JAY ZIMMERMAN
vu�r� mr
October?3.?017
Tyrrell Counry
NCDWR Project No. 20171100
SR I209 Culvert replacement
WBS rt 44436
APPROVAL of 401 WATER QUALITY CERTIFICATION N'ith ADDITIONAL CONDITIONS
Mr. Paul Williams
NCDOT. Division I
I 13 Airport Drive, Suite 100
Edenton, NC 27932
DearMr. Williams:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
installing a culvert on SR I209 (N Road St) in Columbia in Tyrrell Coun[y:
O en Water Im acts in the Pas uotank River Basin
Site O en Water(ac)
SR 1209 0.02
The project shall be constructed in accordance with your application dated received August 31, 2017 and addi[ional
information received via e-mail October I8, 2017. Atter reviewing your application, we have decided [ha[ these
impacts are covered by Water Quality General Certification Numbers 4086 and 4088. These certifica[ions
correspond to the Na[ionwide Permit Numbers I2 and 14 issued by 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-Dischar�e and Water Supply Wa[ershed regulations. This approval will expire
wi[h the accompanyin� 404 permit.
This approval is valid solely for Ihe purpose and desi�n described in your application (unless modified below).
Should your project change, you mus[ notify [he NCDWR and submit a new application. Ifthe property is sold, the
new owner must be ;iven a copy of Ihis Certitica[ion and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fil Is for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet, compensa[ory mi[iga[ion may be reyuired as
described in I SA NCAC 2H .0�06 (h) (6) and (7). Additional buffer impacts may require compensatory mi[iga[ion
as described in I5A NCAC 26.0259. For this approval to remain valid, you must adhere [o [he conditions listed in
the attached certifica[ion(s) and any additional condi[ions listed below.
Condition(s) af Certification:
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 aeencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwatzr management rules, soil erosion and
sedimentation control requirements, etc.
2. The Pemiittee shall ensure that the tinal design drawings adhere ro the permit and to the pennit drawings
submitted for approval. [15A NCAC 02H .OS07(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
Smtz of North Cnroline I Envvonmen[al Qualiry
I617 Mail Senire Centar I Raleigh. North Carnlina 2 7699-1 6 1 7

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. 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)]
5. 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)]
6. 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]
7. 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)]
8. 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)] �
9. 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.
10. 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)]
11. 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]
12. 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)]

13. 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)]
14. 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)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
16. 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 NGDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
17. 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)]
18. 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(fl]
19. 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)]
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 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:
Offce 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. Bill F. Lane, 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 Ward at [phone] or [e-mail].
�SincG�,
�� �� :
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Environmental Officer
Greg Daisey, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Garcy Wazd, NC Division of Water Resources Washington Regional Office
File Copy

En vironmen t ul
Quality
NCDWR Project No.:
Applicant
Project Namc:
Date of Issuance of 401 Water Quality Certifica[ion:
County:
ROY COOPER
Gotcr„or
MICHAEL S. REGAN
Sec'r�r�rn�r
S. JAY ZIMMERMAN
nra-�,,,,�
Certificate of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification ar applicable Buffer Rules, and
any subsequent moditica[ions, the applicant is required to remm [his certificate to Ihe 401 Transporta[ion Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Ralei�h. NC, 27699-16I7. This form
may be retumed to NCDWR by Ihe applicant, the applicant's authorized agent, or [he project en,ineer. It is not
necessary to send certificates from all of these.
.Applica��t's Certificnlioi�
I, , hereby s[ate that, to [he bes[ of my abili[ies, 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.
Sianature: Date:
Agenl's Certificalioii
I, , hereby state that, to the 6es[ of my abilities, due care and diligence
was used in [he observation of the construction such diat the construction was observed ro be built within substan[ial
compliance and intent of [he 40I Water Quali[y Certification and Buffer Rules, [he approved plans and
specifications, and other supportin� materials.
Signature:
Eagineer's Cerlificution
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, fidl time) the construction of die project for the
Permittee hereby state tha[, to Ihe bes[ of my abilities, due care and dili�ence was used in the observation ofthe
construction such [ha[ [he construction was observed to be built within subs[an[ial compliance and intent of [he 401
Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and other supportine materials.
Signa[ure
Date
Registration No.
Statz ofNorth Carolina I Environmental Quahty
1617 Mail Service Centzr I Raleigh. North Caroliw 27699-1617