20180027 Ver 1_Approval Letter_20180226

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Environ m en ru!
Quafify
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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February 36,3018
Peryuimans Coun[y
NCDW'R Project No. 301800?7
TIP R-?7I6
APPROVAL of a01 WATCR QUALITV' CERTIFICATION Nith ADDITIONAL CONDITIONS
Mc Cla� Willis
NCDOT. Divisiun I
I 18 Airport Drive
Edenton, NC 2793?
DearMs'. Willis:
You have our approval. in accordance with the condi[ions listed bclow, for the ti�llowing impacts for the purposz of
a cidvzrt replacement on and the widening of SR I�00 (New Hope Rd) in Perquimans County:
Wetland and Strcam I
Site I N'etland Fill
(ac)
Total
kI
in the Pasyu
Wellantl
liand
Clearing l�
0.07
titrcams
Pcrmanent
II*
tifrcams
Tem pura ry
(�n
�5
0.077 � ±6 �
e ihc cuh ert �a;�s detcnnincJ h� �hc USACfi nut lo be a iurisdiciiunal straam.
The projec� shall be constructed in aceordnnee wilh your application dated received January 5, 2018. Alirr
revie�+�in, y�om� application, we have decided iha[ Ihese impacts are cuvered by General Water Qu�litt Cenitication
Number J 135. This certificatian corresponds ro ihe Nationwide Penni[ 1-1 issued by the Corps of Engineers. In
addition, you should acquire nny odier federal. state ur local permiG before you proccod with vour project including
(but not limited to) Sedimenl and Grosion Control. Non-Disch�rse and Water Supplv Watershed re;ulations. This
approval will espire w�ith the accompnnyin� 30d permit.
This approval is valid sulely for the purpose a�id desi;n described in your application (unless modified below).
Should your project chan,e, you must nutih� tlie NCDWR and submit a nzw application. If the property is sold. the
new owner must be given a copy of �his Certification and approval letter, and is thereb� responsible for complying
w�ith all the wnditions_ II total wetland tills for d�is prujeet (noee ur in the future) e�ceed one acre, or ol total
impacts to streams (no�v or in the future) esceed I50 lincar fect. compensatory mitieation may be required as
described in I�A NCAC 2I�1 .0506 (h1 [6) and f7). Ad�itional bulfer impacts may require compensatory miti�ation
as described in 15A NCAC 3I3.0359. Por this approval to remain valid, you must adhrre to ihe conditions listed in
the altached cenilication(sl and am additional conditions listrd below.
Condi[ion(s) of Certificalion:
The issuance o� this certitication does not csempt the Permittee Yrom comply�in_ wi[h any and all s[a[utes, rules,
regulations, or ordinances tha� may be imposed bq other;overnment aoencies (i.e. local. state, and lederal) having
jurisdictiun, including but not limi[ed [o applicable bufter rules, slurmwa[er mana,ement rules, soil erosion and
sedimentation control requirements, elc.
'. The Penni[tee shall e�surc that the tinal desi�=n dra�vings adhere io the permit and to �he permit drawines submitted
for approvaL � I�A NCAC 02H .0�071c) and 15A NCAC 0'_'H .0?06 (b)(21 and (c)(')]
tiWttul'�tiunhCurulina I�.mirunmenta11,1u�liR
I n I7 Mm I Sen icr ContcN RulciJt Nurdi Cun�l inu '_7fi9N- I h I'

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. 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)]
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. [I SA NCAC
02B.0200]
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 ttie construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.,
or protected riparian buffers. [ I SA NCAC 02H.0506(b)(2)]
8. 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)]
9. 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)] �
10. 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)]
l 1. Erosion and sediment control practices musf 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 [ISANCAC 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 Sedirnent 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.
12. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]

13. 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. R'iparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
14. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months
of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific
area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)]
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: l, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
16. 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)]
17. Heary 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)]
18. 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)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [ISA NCAC 02H.0506(b)(3)]
20. 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]
21. 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)]
22. 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]
23. 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)]

[f 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 oFAdministrative 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 ofFcial 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:
Office of Administrative Heazings
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:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This Ietter 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].
Sincerely,
� ���2�� �
�4+ Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribu[ion:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

Environmentul
Qualrty
NCDW'R Project No.: _
.4pplicanl:
Projcct N:�mc:
Datc of Issuance of a01 Water Quality Certification:
Coun[�:
ROY COOPER
i ;, �, � „r, u
MICHAEL 5. REGAN
�;�,�,�rr������
LINDA CULPEPPER
i,��,-,��„� n�,�,�.�,,,�
Cer[ificate of Completion
Upon completion nf all work approved within the 401 Water Qimliry CerliYication or applicable 6utter Rules, and
an} subsequcnt modihcaiions. the applican� is required �o return this certificat� to tlie d01 Transportation Permitting
UniL North Carolina Division of Water Resources. 16U Mail Service Center. R�lei;h. NC, 27699-1 6 1 7_ ihis form
may be re�urned to NCDW R by the applicant, lhe applicant's authorized a�,ent, or the project �n!,ineec It is no[
necessarc to send certi�ica�es from all ot diese.
.-I pplicnM's Cer�iJ'rcn�inn
1. , hereb�� state that, to the best of my abilities, due care and dili��ence
was used in the obszrvatiun of the construction such that the cunstruction was obsened tu be built within substan�ial
compliance and intem of the �101 Water Quality Certification and Butl�er Rules, the approved plans and
specifications, and other suppoitin�, materials.
Siena�ure: Datt:
.4gex1's Cerlifrcnlion
�, , hereby st�te �hat, to �I�e best of my abilities, duc care and diligence
«�as used in the observation of the construc�ion such [hat �he consvuc[ion was ubserved to be built �� ithin substantial
cumpliance and intent of the 401 Water Quality Cenihcation and 6uffer Rules. [he approved plans and
specifications, and othcr supportin, materials.
Si�,nauu-e:
Eiigineer'.�' Certifiralinn
Panial
Final
Date:
�, , as a duly registered Professional Em,ineer in ih� State of North
Carolina, havin� been authorized to observe (periodically, weekly, full time) the construction ol the project for [he
Permittee hercby stare thnt, to the best of'm�� abilities. due care and dili_ence was used in the observa�ion ofthc
cons�niction such that ihe construction was observed to br built within substantial compliancc and intent of the d01
Water Qualiry Certihcation and BufTer Rules, the approved plans and specitications. and other supporting matcrials.
Signalure
Date
R��istration No.
tilmc nl North Carulinn. F.m uonmenml �luahq
1��17 �Nnil S y'� iec Czntrr i Ruleieh. Nunh Carohna ^_7r.u9-I�d'