20160938 Ver 3_Shoreline Stabilization along NC HWY 94 on the Lake Mattamuskeet Causewa..._20181119

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Quality
ROY COOPER
Gorernw�
MICHAEL S. REGAN
Sr<'re��n�r
S. JAY ZIMMERMAN
ir„�,=���o��
June 30, 2017
Hyde County
NCDWR Project No. 20160938 v.2
Shoreline S[abilization NC 94
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Paul Williams
NCDOT, Division One
113 Airport Drive. Suite 100
Edenton, NC 27932
Dear Mr. Williams:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
shoreline stabilization along the portion of NC 94 on the Lake Mattamuskeet causeway in Hyde County:
O en Water Im acts in the Tar-Pamlico River .
Site
West Ba�lc O en Water(ac) Shoreline Q�
A 0.019 220
B 0.014 100
C 0.018 I60
D 0.021 190
E 0.028 120
F 0.005 50
G 0.01 60
H 0.031 220
I 0.018 200
J 0.008 175
K 0.005 55
L 0.085 540
M 0.005 140
N O.OI2 130
O 0.007 70
P 0.022 395
Q 0.018 250
To�a! 0326 3,075
East Bank O en Water(ac) Shoreline Q
A 0.006 45
B 0.01 I 70
D 0.009 80
E 0 25
F 0.024 120
G 0955 255
H 0.010 70
I 0.017 85
tasin
' �Noihing Compares — �.
Stace ofNonh Carolina I F.nvironmental Qualiry
1617 Mail Service Center I Raluigh. North Carolina 27699-1617

East Bank O en Water(ac) Shoreline (1 fl
J 0.026 350
Total 0.158 1,100
Net Total 0.484 4,175
Total Open Water Impact for Project: 0.484 acres.
The project shall be constructed in accordance with your application dated received May 22, 2107. After reviewing
your application, we have decided that these impacts 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 not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. 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. 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 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). 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. 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 Contr-ol 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.
6. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project. [15A N�AC 02H.0506(b)(3) and
(�)(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 [ 1 SA NCAC
02B.0224,.0225]
8. The permittee and its au[horized agents shall conduc[ its activities in a manner consisten[ wi[h 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 de[ermines [hat such
standards or Iaws are not being met (including the failure to sustain a desi�nated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary m assure compliance, the NCDWR
may reevalua[e and modify this certification. [I SA NCAC 02B.0200]
9. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ I SA NCAC 02B.0506(b)(2)]
10. A copy of[his Water Quality Certifica[ion shall be main[ained on [he construction site at all [imes. In addition,
the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division
Engineer and the on-site project managec [ISA NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and
(�)(Z)]
I I. Upon completion of the project (including any impacts at associated borzow or waste sites), the NCDOT
Division Engineer shall comple[e and remrn the enclosed °Certitication of Comple[ion Form° to no[ify [he
NCDWR when all work included in the 40I Certification has been completed. [15A NCAC 02H.0502(�]
If you wish to contest any statement in the attached Certification you must tile a petition for an administrative
hearin�. You may obtain the pe[ition form from the oftice of Administrative hearin,s. You must file [he peti[ion
wi[h the oftice of Administra[ive Hearin�s within sixty (60) days of receipt of this no[ice. A pe[ition is considered
tiled when it is received in the otlice of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accep[s tilin�s Monday [hroueh Friday be[ween the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy oY the petition must be filed with [he 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 [he Office of Administrative Hearings is:
Office of Administrative Hearines
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. Sam M.Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Cen[er
This let[er completes the review ofthe Division of Water Resources under Section 401 ofthe Clean Wa[er Act. If you
have any questions, please contact Garcy Ward at [phone] or [e-mail].
Sincerely,
� ����� --��
S. Jay Zimmerman, Director
Division of Water Resources
Hlectronic copy only distribution:
Kyle Bames, US Army Corps of Engineers. Washington Field Unice
Cla}� Willis, Division I I:nvironmental Officer
Greg Daisey. NC Division of Coastal Management
Garcy� Ward. NC Division of Water Resources Washington Regional Office
Fil� Copt•

Envlronmental
Quality
NCDWR Projec[ No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Qualih� CertiPcation:
County:
ROY COOPER
c�����•,�,z��,
MICHAEL S. REGAN
Sr� rrn�rr
S.1AY ZIMMERMAN
i�;,�«r���
Certificate oP Completion
Upon completion of all work approved wi[hin the 401 Wa[er Quality Certification or applicable Buffer Rules, and
am subsequent modifications, the applicant is required to return [his certificate to the 401 Transportation Permittino
Unit, North Carolina Division of Water ftesources, 1617 Mail Service Center. Raleigh, NC. 27699-1617. This form
may be returned to NCDW R by the :�pplicant, the applicant"s authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
4pplicanYs Cerlificnlinw
I, , 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 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenYs Cer[ificatioii
1, , hereby state [hat, to [he best of my abili[ies, due care and dilieence
was used in the observation of [he construction such that the construction was observed ro be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Dare:
Engineer's Cer�ifrcatim�
Partial Final
I, , as a duly registered Professional En�ineer in [he State of North
Caroiina, having been authorized to observe (periodically, weekly, full time) the construction of die project for [he
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observa[ion of [he
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Wa[er Quality Certification and But%r Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Regis[ration No.
'"Nothinq Compare� — ,
S�a[e o(Nonh Carolina � Envimnmzn[al Quality
1617 Mail Servire Cennr I Ralcigh. Nonh Carolina 27699-IbU