20180839 Ver 1_Approval Letter_20181031

ROY COOPER
covtrmr
MICHAEL S. REGAN
StC1Ha/y
LINDA CULPEPPER
fnrerxn Orrettw
NORTH CAROLINA
EnvlronnunmlQuuflty
October31,2018
Dam Countv
NCDWR Project No.20180839
l'IP R-SOId
,4NNROVAL of a01 WATER QUALITY' CF,RTIFICATION e�ith ADDITIONAL CONDITIONS
Mc Philip S. Harris, III, P.E., CPM
Nalural Emironment Sectiun I-lead
Prolzc[ Developmen[ and Environmental Analysis
North Carolina Department of Transponation
I i98 Mail Seroice Center
Ralci�,h. North Carolina,'_7699-1�98
Dear Mr. Flarris:
You have our approval, in accurdance wi�h the conditions listed below, for the followin, impacts for �he purpose of
makine improvements to SR I? 17 (Colineton Road) in Dare County:
Wetland and O en Water Im ac[s in the Nas uo�
Wetland Fill Wetifmd
Site Permanent Excavation
(ac) (ac)
Colin�ton Rd 0.80 <0.01
Total 1.13*
*Total includes 0.31 ac of coastal wetlands
i and OP
Site
n<�ton Rd
Total
Wa[er Impact�
Stream
I Permanent
a
in [he Pas uota
Stream
Tem po ra ry
QQ
s
12
ank Rivcr 6asin
WetlanJ
Hand
Clearin (ac)
0.32
nk Rivcr Basin
Open Wa[er
Permanen[
(ac�
o.ox
O.I3
Open Wa[er
Permanent
o.os
The project shall be construc[ed in accordance with your application da[ed received Au!,ust 8. 3018 and revisions
received October 5, ?018. After reviewin, your application, we have decided that these impacts are covered by
General Water Quality Certitication Number 413i. This cenification corresponds to the Regional General Perniit
1982p031 issued by the Corps of 6neineers. In xddition, you should acyuire any othcr fedzral, state or local permits
before you proceed with your project including (but not limited ro) Sediment and Erosion Control. Non-Discharge
and Water Suppl�� Wa�ershed re�ulations. This approval will expire wi[h tlie accompan}�ing 404 permit.
v:�:: � Q��
North Carolina Department of Envuonmen!ai Qua�:�y Drvision of Wa[er R2sources
�12 North Sahsbury S[reet 16ll Matl Serv�ce Center Raleigh, NORh Carohna 27699161i
919 707 9000

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. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification: .
1. 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 agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
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. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or
vibration techniques) prescribed by DCM Fisheries and/or the North Carolina Wildlife Resources Commission. No
in-water work is permitted between April 1 and September 30 of any year, without prior approval from the NC
Division of Water Resources and DCM Fisheries. In addition, the permittee shall conform to the NCDOT policy
entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
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 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)]
7. 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)]
8. 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] .
9. 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. [l5A NCAC 02H.0501
and .0502]
10. During the construction of the project, no staging of eGuipment of any kind is permitted in waters of the U.S.,
or protected riparian buffers. [ I SA NCAC 02H.0506(b)(2)]

11. 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)]
12. 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)]
13. 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)]
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [ 15A NCAC 02H.0506(b)(2)]
15. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [ 15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manzral, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manz�al.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manzral. Reclamation measures and implementation shall comply with the recl.amation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-1 l, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in I SA NCAC 04B .0124,
DesignStandards inSensitive Watershed. [15ANCAC 02H.0506(b)(3) and (c)(3); GC 4135]
16. 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)]
17. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
18. 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.0201]
19. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO1000. Please note the extra protections for the sensitive watersheds.
20. 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)]
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]

??. The pennittee and its authorizzd aeents shall conduct its activities in � manner consistent with State water qualih�
standards �including any requirements resulting from compliance �vidi ��03(d) ofthe Clean Watzr AcU and am�
other appropriate reyuirements of State and Fedcral law. If the NCDWR detennines tha[ such s[andards ur laws
are not beine met 1 includin� the failum to sustain a designated or achieved use) or that S[ate or federal law is being
violated, or that tunher conditions are necessary to assure compliance, �he NCDWR ma}� reevalua�e and modify
this certifca�ion. [ I�,4 NCAC 02I3.0?OOJ
_'3. The Permittee shall report any viola[ions o(this certitica�ion io the Division o( Water Resources within 3�1 hours
ofdiscovery. �ISA NCAC 0?B.Oi06(b)(3)�
?d. Upon completion of[hc project (includin�t anc impacts at a�suciated borrow or waste sites). Ihe NCDOT Division
En�ineer shall eomplete and retum Ihe enclosed "Ceniticalion ot Completion Form" to notifi� the NCDWR when
all work included in the 401 Certification has been completed. [15A NCAC 0_'11.05U2(tl�
2?. A copy of rhis Warer Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifieations, ifan�. sl�all be maintained with the Division Engineer
and the on-site project munaeer. [15A NCAC O�H A507(c� and ISA NCAC 0?H .0�06 (b)('_1 and Ic)(2)]
If you wish to cunt�st an� s�a�emem in �he attached Certitication y�ou must tile a petition for an administra[ive
hearine. You may obtain the petition fonn from the office of Administrative hearin �s. You must filc the petition
with tha oftice of Administrative Hearings within sixh� (60) days of receip[ of Ihis nptice. .4 petition is considired
tiled when it is received in the office of Administrative Hearines durine normal otlice hours. The Office of
Adminisn�ative Hearings accep[s filings Monday throu�h Friday benr�een �he hours of 8:OOam and S:OOpm, eacep�
for official state holidaqs. The originul and one ( I) cop} of the petition mus� be filed wi�h the OtFce of
Administrative Wearings.
l'he petition mac be ta�ed-provided the original and one eop} of the document is received b�� the Oftice of
Administrative Nearings wi�hin five (5) business days followine the ta.eed transmission.
The mailine address for the Office of Administrative Ifearim,s is:
Ofticc of Administrative Hearings
671d Mail Service Center
Ralei��h, NC'_7699-6714
Telephone: (919) -131-�000. Facsimile: lyl9) �1; I-� 100
A copy of the pe[ition must also be served on DEQ as folluHs:
Mr. Bill F. Lane, General Coun,el
Departntent o( Environmental Qualit�
1601 Mail Service Center
This Izner comple[es the revieti� o(the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at ('S�)9d6-6481 ur garcy.ward r nedenr.gov.
Sincereh�,
���ii'v " �
% vR Linda Culpepper. Interim Director
Division ot Water Resources
Glcctrnnic copp onh distribu�ion:
6cle Rames. US Armc Curps of lineinecrs. N'achineton F'ield Uliicc
Grce Dssisc�. NC Divisiun ofCoastnl Mtmagcinenl
Cath� Brittingl�am. VC Divisiun ol Cuaslal Managtmenl
I'ravis Wilson. NC Wildli�c Re,ourcesCummission
Pxul 14�illiams. hCUOI�. Di� isiun I
Chris Ricenhark. KC'DU I�
Garc� N urd. M1C Uicision ol Water Rasources N-'�hington Reeiunxl O13ice
f ile Cup�

ROY COOPER
covnn«
MICHAEL S. RECAN
sK.Ha.,.
LINDA CULPEPPER NORTH CAROLINA
7nrer� D/renar Enrlronmenta( Qualffy
NCDV�'R Project No.: Counry:
Applicant _
Project Name:
Uate of Issuance of 101 N'ater Quality Certification:
Certificate of Completion
llpon complctiun of all �vurk appruccd �cithin the �01 k'aier G���ilitc Ctnilicatiun or applienblc 13uITer Rulcs. and any
subseyucnt moditicatiom. thc applicam i. myuired to retum thi. mrtificatt to tht �101 �Cranspurtation Ptnnitline Unit. NuRh
Carolinll Division ol Wator Rcsourccs. 1617 Mnil Scrvicr Ccntcc Ralci�!h. NC. 27699-I617. This lorm ma� bc returnad to
NCDWR b�� �he applican�. the applicanC. au�horimd agen�. or �he projen engine�r. It is no� necassnn to send cenilicates frnm
all u(thcsc.
: I pplicnnl'c Cenification
I. . hcrcb� .tam that. �i� ihe 6esl of mc ahilitia�. duc c�re unJ dili=rnce ���;u usaJ in
thc ohsen�a�iun uf �he eonsvuction sueh that thc cunstructiun ��as uh,erred iu he built �sithin suhs�amial cumpli.mce anJ inteni ul
the a01 W'ater Qualit}� Certilicatiun anJ 13u11'er Rules. tha appro�cd plans and .paci�leatioiu. anJ othcr,uppurting materials.
Si=na�urr. D�te:
.4gen�'v Cenificn�inn
I. . hcrchr state that. iu �he hcs� of m�� abiliticc. due carc and diliecncc �ca, uscd in
the obsere�ation ol the constructiun such thai lhe construction �s,u obs�rved to bc built ��ithin ,ubst:vitiul eoinpliance and inteni ol
�hz d01 Wxter Qualih Cerlilication and Bul7�er Rulos. �h� appro�ed plans and spsilications. a�id other,upportine materials.
Signaturc: — — - — — — Ualo:
Engiueer's Cenifien�inn
Panial Pinal
I. . as u duh registered Profcssional Eneinear in thc Statc ol Nurth Carolina.
harine bttn nuthoriieJ to nbsen�e �periodicall�. �czekl}�. I'ull �imc) ihe con,vuc�ion ufihe prujeci tiir �hc Pcmiiuee hernc� statz
that. to �he best of m� abiliiies. due care and diligence �+as used in ihe ubservaiion of the eon,truation ,uch that the eonswetion
was ubscrc�Yl iu be buili �� ithin .u6stunlial eompliance and intcnt ol the 401 Watrr Qualitp Cerlilicntion anJ 13u11'er Rules. Ihe
approccd plans and speci�icalinns. and uthcr supponinc matcriala.
Sienawrc
Date
Re2isiration Nu.
� . D_E Q�,�
...�:.;�.�,�
North Carolina Department of Environmental Quahtv �rvision of Wa[er Resources
512 North Sahsbury S[reet , 1617 Mai15ervice Center I Raleigh. North Carolina 2769&1617
919.707 9000