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Water Resources
fiNJIRONMENTAi OUAIIiY
PrV�f MCCRORI'
I)ONAI,D R. VAN Uh;K VAART
S. JAY Z1�4h1�R�4AN
rn,I
Octoi�er 3, 2016
Hyde Counry
NCDWR Project No. 20160938
Shoreline Stabilization NC 94
APPROVAL of JOf �NATER QUAUTY CERTIFiC,ST16N H'ith ADDITIOiVAL C�NDITIONS
Mr. Paul Williams
NCDOT, Division One
I 13 Airport Drive, Suite 100
Edenton, NC 27932
DearMr. Williams:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
shorelinc stabiliza[ion along the portion ofNC 94 on the Lake Mattamuskee[ causeway in Hyde County:
J en Water Im acts in the Tar-Pumlico River Basin
Site Open Water I
�ill (ac)
L 4--� _ .07i -- —= I
I s ooa 1
� —c — --.02 --
D 028
E 011
Total 087
The preject shall be constructed in �ccordance w-ith your e-inniled application received August 4, 2016 and
aJditionxl iuformation received September 21, 2016. ARer revicwing your application. we have decided [ha[ these
impacts are covemd by General Wa[er Quality Certitication Number 3885. 'I�his certitication corresponds to the
Regional General Permit I �ft0000R0 issued by the Corps of F.noinecrs. In addition, you should acquire any otlier
federal, statc or lo::a{ pennits bzfore you pruceeu wiih yuu� project including (Lul uol limited lo) Sedimen[ aud
Er�sion Control, Non-Dischar�e and Water Supply W.dershed regulations. This approval will expire wi[h the
accomuanying 404 permit.
This app�oval is valid solely fur Uie purpose and desi5n describzd in your applica[ion (unles> modifizd bzluw).
Shuuld your proj�ct change, you must notify [hc NCllWR and suhmil a new a��plicntion. Ifthe �ruperly is sold, ihe
ne��� o:on�: o�nst he. aiven s copy or tlri; �,�rriiit.�uon xnd ap��re�:>�i lettrr. and is ;he��ch� r,-s;�cn,iL•Ic ti�r compiyine
with all the conditions. If total wetland fills for this project (now or in tlie fuWre) exceed one acre, or of total
impac[s ro stre�ms (now or in [he fu[ure) exceed I50 linear feet, compensarory mitigation may be required as
eesci ibed in ! 51� NCAC 2Fi fiip6 (h) (fil anJ (7). For lhis �pprovzl to remain vaiid. you n!ust r�ihe�e ie t6e
ccnditions list?d in tt�� �ttached. certificationis; nnd ar,y zdditiooai w<<diuons lisl��d bciow.
Sla.euf4ni;L(ar�ilfnn�,Gr.�n,nn;entsi(�w�6�v lv:iterRrk^nrsev
�f,�7ManServ�c=,�'�enier Faieinh.iVnAhCa�enna375S9-15fi
Pnone �g;.@:.11.t;;',0
Condition(s) of Certification:
L 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 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 Pe:-miitPe sLatl ensure that the imal design drawings adhere to the permit and to the permit drawings
submitted for approvaL [ liA i�CAC 02H A507(c) and I SA NCAC 02H .0506 (b)(2j 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. [ISA NCAC 02H.0506(b)(2)]
4. All mechanized equipment operated near surface waters mus! be ragularly inspected and maintained to
prevent contamination of stream waters from fuels, lubrican[s, hydraulic fluids, or other toxic materials. [ I SA
NCAC 02H.0�06(b)l�)l
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 urder to protect
surface waters standards [ 15A NCAC 02H.0506(b)(3) and (c)(3):
a. The erosion and sediment control measurec for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosron
Control Planning and Desrgn Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requ'vements specified in the most recent version of the North
Carolina Sedrment and Erosion Contro[ Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including conhactor-owned or leased borrow pits
associated with the project.
c. For borrow pit si[es, the erosion and sediment conirol measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the Nnrth Carolrnn SurJ'ace Mining
Manasal.
d. The reclamation measures and implementation mus[ compty with the reclamation m accordance with
the requirements of the Sedimeniation Pollution Cuntrol Act.
6. Wl�ere 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 ofthe project [ISA NCAC 02H.0506(b)(3) and
(c}(3)
7. Erosion centrol 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 whzrever possible live
stakes of native teees. Riparian areas are defined as a distance 25 feet from top of stream bank. [ 15A
NCAC 02B.0224, .0225]
8. 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. lf the NCDW R determines that such
standards ar laws are not being met (including the failure to sustain a designared or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCUWR
may reevaluate and modify this certification. [15A NCAC 02B.0200]
9. The Permittee shall report any violations of this certification ro the Division of Water Resources within 24
hoars of discovery. [ I SA N CAC 02B.0506(b)(2)]
i 0. A copy ct"U»s Water Qnality Ceriiticatiotr sfrall be maintai�izd on the construction �ite at all times. 1n addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
F,ngineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
l�)(�)7
1 L 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 Comple[ion Form" [o notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H,0502(�]
If you wish to contest any statement in the attached Certification you must file a petition for an adminisffative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within six.ty (60) days of receipt of this notice. A petition is considered
filed when it is received in [ha ofFice uf Administrative Heazings during normal office hours. The Office of
Adminishative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (? ) 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 thz Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Adminish•ative Hearings is:
Office of Adminishative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephnne: {919) 43 ]-3000, Facsimile� (9] 9) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Depar[ment of Environmental 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 Garcy Ward at (252) 946-6481or garcy.ward@ncdenr.gov.
Sincerely,
S. la imme�irector ` d'/ .
Division of �Vater Resources
Electronic copy only distribution:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Clay Willis, Divisionl Environmental Officer
Garcy Ward, NC DWR, Washington Regional OTfice
File Coyy
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Water Reso��rces
ENVIIiONMEN fAL OUALITY
NCDWR Project No.:
Anplicant:
Project Name:
Date of issuance of 40i Waier Quality Cerlificaliun:
C�II llt)':
P�1�1 NICCKUItI'
I)UNAI.0 R VAN DI'.R VAAR'I
ti. .IA1' LINIh11SIZMAN
Certificate of Completior.
Upon complction of all wurk approved witliin tlie 40t Water Quality Certification or applicable l3uffer Rules, and
ar.y subscquzn[ med�fica[ions, ihe applicant is required lo return this certificaie to the 401 ��rsnspertation Penni[[ing
Unit, North C'aroli�is Dicision o� V.'a;er Resowces, I61? M�il Szrvice Cen.er, ;ialcigh, NC, �7699-161',. T'Sis fcrn
may be retw�ned to NCDWR by the applican[, the applicant's au[horized agent, or the proj2ct e�iginzer. It is not
r.ecessaiy to ser,d certitic2tes from all of :hese.
ApplicmeNs Cer�if7cnlio��
I, , hereby sta[e th�[, to lhe best of my abili[ies, due care and diligence
was used in the observa[ion of the construction such that Ihe conslruc[ion was observed to be built within subs[a��tial
complianee and �n�ent of the 40! Water Quality Certi.fication and Buffer Rulec, the approved plans and
specifications, and other supporting ma�erials.
Sigralure: _ i;a[c:
Age»!'s Certrjic�diosi
I, , liereby state that, lo lhe best oCmy ubilitics, due care and diligence
was used in the observation of the construction such that the consh'uction was observed to be built within substanlial
contpGance and intent of the �O 1 Water Quali[y Certitication and Buffer Rules, the app:oved pl�rs znd
specificatious, and other si�pporiing maierials.
Signature: Date:
Eiigirreer's Certifrc��linii
PartiTl Final
I, , as a duly registered Pirofessional Lngineer in the Statc of NoiTh
Carolinz, iiaving been t+utnorized to observe (periodically, weekly, full time) ihe mnsVuction of the project for the
Pennittee hereby stale that, to the best of my abilities, due care and dili�ence was used in the observation of the
constructiou such that tl�e constructiou was ubserved lo ue built within substantial coinplianec and inteN of the a01
Water Quality Cei4iticalion and BufFzr Kules, the approved plans and specitica[ions, and oth2r supporting materials.
Siyn2tw�e
Da[e
Registration No.
Sqfaoi NrtlL Oamlina 16�rcirrnactnla! Quelity I Waier K:_�)wccs
161 i Mail Seraice Crn;e�, Re�ziyh. �oi71 Caiolina Ti69�-1n7'