20171519 Ver 1_Approval Letter_20180207

ROY COOPER
Go��rrnm'
MICHAEL S. REGAN
.Srrr.•trn.r
Environmenful LWDA CULPEPPER
�UQ�I��/ lnrerim /�ire<<or
February 7, 2018
Dare County
NCDWR Project No. 20171519
Mashoes Road
State Project No. I 2028I I 1
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Paul Williams
NCDOT, Division I
I 18 Airport Drive
Edenton. NC 27932
Dear Mr. Williams:
You have our approval, in aceordance with the conditions listed below. for the tbllowing impacts for the purpose of
replacing multiple pipes on SR I 113 (Mashoes Rd) in Dare County:
Coastal Wetland Im acts in lhe Pas uo[ank Riv�
P��� # Wetlands Excavation
ac
4 0.00 I
5 0.00 I
6 0.001
9 0.001
10 0.001
I I O.00 I
Total 0.006
r Basin
The project shall be construc[ed in accordance wi[h your application dated received November 27, 2017 and
additional infonnation received January 29, 2018. After reviewing your application, we have decided [hat these
impacts are covered by General Wa�er Quality Certifica[ion Number 408�. This certification corresponds [o the
Nationwide Permit 3 issued by the Corps of En�ineers. In addition, you should acquire any other federal, state or
Iocal permits before you proceed with your project including (but not limi[ed [o) Sediment and Erosion Control,
Non-Discharee and Water Supply Wa[ershed reeula[ions. This approval will expire with the 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 NCDWR and submit a new application. Ifthe property is sold, [he
new owner must be given a copy o1'this Certification and approval lelter, and is thereby responsible for complyin�
with all [he condilions. If total wetland tills for Ihis project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet. compensatory miti�ation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere [o 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 eaempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and federal) having
jurisdiction, includin� but not limited to applicable buffer rules, stormwa[er management rules, soil erosion and
sedimentation control requirements, etc.
State of North Carolina � Envirunmental Quality
IGI7 Mail Szrv'ire Centrr I Rnlcigh, North Camlina 2 7699-1 61 7

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. 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 down stream 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. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible
for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall
be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)]
5. 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]
6. The outside buffer, wetland or water �oundary 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. 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 rfatural geomorphic conditions. [15A NCAC
02H.0506(b)(2)] �
9. 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)]
10. 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.
11. 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)]

12. 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]
13. 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)]
14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
19. 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 NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
20. 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)]
21. 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]
22. 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 offce 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 hansmission.
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:
Mr. Bill F. Lane, General Counsel
Department of Em'vonmental 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 Gazcy Ward at [phone]or [e-mail].
Sincerel
� �ci .
Lin a Culpepper, Interim Director
Division of Water Resources
Elechonic copy only distribution:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Greg Daisey, NC Division of Coastal Management, Elizabeth City
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

Environm en ta!
QUQ�Iiy
NCDWR Project No.:
Applicant:
Nroject Name:
Date of Issuance of 401 Wafer Quality Certification:
coun[y:
ROY COOPER
GavE•r,mr
MICHAEL S. REGAN
.Se<,�.��rarr
LINDA CULPEPPER
lrmrriu� Uirrctnr
Certifica[e of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ moditications, the applican[ is required [o re[um this certifica[e to the 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Cen[er. Raleigh, NC. 27699-1617. This form
may be re[urned [o NCDWR by the applicant, [he applicant's authorized a�ent, or the project engineer. It is not
necessary to send certiticates from all of [hese.
,4pplicnrt!'s Cer(ifirnlian
�, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of die 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 supporting materials.
Signature: Date:
Agent's Certifrcalioit
�, , hereby state [hat, to the bes[ 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 ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature:
Engineer's Cer(ificn7ro�r
Partial Final
�, , as a duly regis[ered Professional Engineer in the Sta[e of North
Caralina, having been authorized to observe (periodically, weekly, full time) the construction ofthe project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in [he observa[ion of Ihe
construction such that the construc[ion was observed to be built within substantial compliance and intent of the 401
Water Quality Cenitication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Regis[ration No.
State of North Carolina � F.nvironmemal QualiTy'
IGI7 Mad Service Center I Ralzieh. North Carolina _'7699-1617