20171493 Ver 1_Approval Letter_20171213

Environmenlu(
QUAIIty
ROY COOPER
c;urrr»or
MICHAEL S. REGAN
i��,�-i<vi
LINDA CULPEPPER
burriw l.)u'r<'rnr
Decemberl3, 2017
Carteret County
NCD W R Project No. 20171493
Geotechnical borin�s
TIP B-4863
APPROVAL oP401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Maria Rogerson
NCDOT, Division 2
1037 W.H. Smith Blvd
Greemille, NC 27835
Dear Ms. Rogerson:
Yoa have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
conducting geotechnical test borin�s in preparation for [he replacement of Bridges 73 & 96 over The Straits in
Carteret County:
Coas[al Wetland and O en Water Im acts in the White Oak River Basin
Site Wetlands Open Waters
Excavation ac ac
Brid es 73 and 96 0.10 0.02
The project shall be constructed in accordance with your application dated received November 20, 2017. After
reviewing your applica[ion, we have decided that these impacts are covered by General Water Quality Certification
Nwnber 4085. This certification corresponds to the Nationwide Permit 6 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 Crosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire wi[h the accompanying 404 permi[.
This approval is valid solely for die purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe property is sold, the
new owner must be given a copy o( this Certification and approval letter, and is thereby responsible for complyin�.
with all [he conditions. If [o[al wetland fills for [his project (now or in the fu[ure) exceed one acre, or of total
impac[s to streams (now or in the future) erceed 150 linear feet, compensarory mitiga�ion may be required as
described in 15A NCAC ZH .0506 (h) (6) and (7). Additional but%r impacts may require compensatory mitigation
as described in ISA NCAC 26.0259. For this approval ro remain valid, you must adhere m the conditions listed in
the attached certification(s) and any addi[ional conditions listed below.
Condition(s) of 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 govemment a�encies (i.e. local, state, and federal) having
jurisdiction, including but not limi[ed to applicable buffer rules, stormwater management rules, soil erosion and
sedimen[ation control requirements, etc.
2. The Permittee shall ensure that the final desi�n drawings adhere to the permit and to the permit drawings submitted
for approvaL [ISA NCAC 0?H .0�07(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)]
Sta2 ofNorth Carolina � Environmtntal Qualiry
I(17 Mail Szrvice Centtt I Raleigh, North Carolina 27699-1617

Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact
area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas
temporarily impacted at Sites WB and WD. This update shall be conducted two growing seasons after completion
of the work at Sites WB and WD and shall consist of photographs and a brief report on the progress of the areas in
re-attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall
schedule an agency field meeting with the NCDWR to determine if the wetland areas temporarily impacted by this
project have re-attained jurisdictional wetland status. If the wetland areas temporarily impacted by this project
have not re-attained jurisdictional wetland status, the NCDWR shall determine if compensatory wetland mitigation
will be required.
4. 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)]
5. 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)]
6. No rock, sand or other materials shall be. dredged from the stream channel except where autharized by this
certification. [15A NCAC 02H.0506(b)(3)] .
7. 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 construcfion sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
proj ect.
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.
8. 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)]
9. The pernuttee 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, ar that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
10. 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)]
11. 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]
12. 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 fortn 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 Heazings 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. T'he original and one (1) copy ofthe petition must be filed with the Office of
Administrative Hearings.
The petition may be faued-provided the original and one copy of the document is received by the Ofiice of
Administra[ive Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office af Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Departrnent of Endvonmental Quality
1601 Mail Service Center
T'his 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 Gazcy Wazd at [phone]or [e-mail].
�Sincerely, �
�, ��,. ����-�
` . �� �X
Linda Culpepper, Interim D'vector
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Jay Johnson, Division 2 Environmental Officer
Robin Maycock, Louis Berger, [e-mail]
Gazcy Wazd, NC Division of Water Resources Washington Regional Office
File Copy

Environmenta(
QUQiI C}�
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
t;����e���,�,��
MICHAEL S. REGAN
Srn���in,-r
LINDA CULPEPPER
lu�rriir� Uirenor
Certiticate of Completion
Upon completion of all work approved within Ihe 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications. the applicant is required ro retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center. Ralei�h. NC, 27699-I6I Z This form
may be returned to NCDWR by the applicant, the applicanrs authorized agent_ or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanPs Cerlificalion
I, , hereby state that, to the best ofmy abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built wi[hin substantial
compliance and inten[ ofthe 401 Water Quaiity Certifica[ion and Buffer Rules, [he approved plans and
specifications, and other supporting materials.
Signamre: Date:
Agen!'s Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the consvuction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water QualiN Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature:
EngineePs Cerlifrcatlon
Partial Final
I, , as a duly registered Professional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full [ime) [he construc[ion of the project for the
Permittee 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 40l
Water Qualiry Cenification and Buffer Rules, the approved plans and specifications. and other supporting materials.
Signature
Date
Registration No.
Sta[c of North Carolina � Envirnnmental Quality
IGI7 Mail ServiceCenter I Raleigh. Nurth Carolina 2 7699-1 6 1 7