20171238 Ver 1_Approval Letter_20171103

Environmc;�ntul
Qua(ity
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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November 3, ?017
Hyde Counry
NCDWR Project No. 20171238
SR I I I6 shoulder s[abilization
State Project No. 1.10481 I I
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Paul Williams
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 2783�
Dear Mr. Williams:
You have our approval, in accordance wiffi [he co�ditions listed below, for the following impacts for the purpose of
road shoulder and bank s[abilization along SR 1245 (Bells Island Rd) in Currituck County:
O en Water Im ac[s in the Tar-Pamlico River Basin
Si[e Open Water Bank Stabilization
ac lt
SR 1116 0.009 200
The project shall be constructed in accordance wi[h your application da[ed received Sepfember 19, 2017. After
reviewing your applica[ion, we have decided tha[ [hese impac[s are covered by General Water Quality Certification
Number 4087. This certification corresponds to the Nationwide Permit 13 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 no[ limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with [he 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 NCDW R 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 [hereby responsible for complying
with all the conditions. If total wedand fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in [he future) exceed I50 linear feet, compensatory mitigat'ion 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 and any additional conditions Iisted below.
Condition(s) of Certification:
1. The issuance of this certitication does not exempt the Permittee from complying with any and aIl statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, stare, and federal)
havingjurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, e[c
Smte of North Carolina I Envimnmzntal Quality
I617 MaJ Service Centzr I Raleigh, North Carolina 27699-1617

2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
3. 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)] �
4. 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)]
5. 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 Sedimeizt 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.
6. 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)]
7. 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]
8. 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 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, NCDWR may reevaluate and
modify this certification. [15A NCAC 02B.0200]
9. 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)]
10. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502( fl]
11. A copy of this Water Quality Certification shall be maintained on site at 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 accepu filings Monday tivough Friday between the hows 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 fa7ced Vansmission.
T'he mailing address for the Office of Administrative Hearings is:
O�ce 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 Ack If you
have any questions, please contact Gazcy Wazd at [phone] or [e-mail].
�cerely,
� � �
y�' .
S. Jay Zimmerman, D'vector
Division af Water Resources
Electronic copy only dishibution:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Greg Daisey, NC Division of Coastal Management, Elizabeth City
Cathy Brittingham, NC Division of Coastal Management
Clay Willis, Division 1 Environmental Officer
Gazcy Wazd, NC Division of Water Resources, Washington Regional Office
File Copy

Envlronmental
Quality
NCDWR Projec[ No.:
Applicant:
Projec[ Name:
Da[e of Issuance of 401 Water Quality Certilication:
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 of all work approved wi[hin the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum 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 retumed to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineec h is not
necessary to send certificates from all of these.
App/icnnl's Certiftcutinn
�, , hereby sta[e tha[, to the best of my abili[ies, due care and dilioence
was used in the observation of the construction such that the construction was observed to be built wi[hin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Da[e:
Agen!'s Certifrca/ion
L , hereby state that, ro the best of my abilities, due care and dili�ence
was used in [he observation of the construction such that ihe cons[ruc[ion was observed to be buil[ within subs[an[ial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, [he approved plans and
specifications. and other supporting materials.
Signature:
Engineer'.s Certifrca�low
Partial Final
[, , as a duly re�is[ered Professional En�ineer in the State of North
Carolina, having been au[horized ro observe (periodically, weekly. full [ime) the construction of the projec[ for Ihe
Permittee hereby state that, [o [he best of my abilities, due care and diligence was used in die observa[ion ofthe
construction such that the construction was observed to be built within substantial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin, materials.
Signa[ure
Date
Registretion No.
$tate of Nnrth Carolina I Fnvironmental Quahty
1617 Mail Scrnce Cenrer I Rulcigh. North Carolina 2 7699-161 7