20190011 Ver 1_Approval Letter_20190225

ROY COOPER
Governor
MICHAEL S. REGAN
se�.era�y
LINDA CULPEPPER
Director
NORTH CAROLINA
EnvY�onmentol QuaHty
February 25, 2019
Dare County
NCDWR Project No. 20190011
Milltail Road Improvements
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Ryan Kimberly
Environmental Pro[ection Specialist
Federal Highway Administra[ion
21400 Ridgetop Circle
Sterling, Va 20166
Dear Mc Kimberly:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
making improvements to Milltail Road located within the Alligator River National Wildlife Refuge in Dare County:
Wetland Im acts in the Tar-Pamlico River Basin
Site Wetland Fill
Permanent ac
Milltail Road 0.82
The project shall be constructed in accordance with your application dated received January 14, 2019. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4140. This certification corresponds to the Nationwide Permit 23 issoed by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(bu[ not limited to) Sediment and Erosion Control, NomDischarge 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 mos[ notify the NCDWR and submit a new application. Ifthe property is sold, the
new owner must be given a copy of [his Certifica[ion and approval letter,and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the fu[ure) 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 I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259. For this approval [o remain valid, you must adhere to [he conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
The Permittee shal I ensure that the final design drawings adhere m 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)]
2. The issuance of this certification does not exempt the Permittee ftom 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, srormwater management rules, soil erosion and
sedimentation con[rol requirements, etc.
D_E Q�� North Carolina Department of Emironmental Quality I Division of Warer Resources
572 North Salisbury Street I 1611 Mail Service Center I Ra�eigh, North Carolina 2 76 9 9 1 611
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3. 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]
4. 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)]
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 conshuction, 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)]
6. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a concern,
shall not be buried. These pipes shall be installed at natural ground elevation.
7. 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)]
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. 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)] �
10. 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 Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
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
Manual. Reclamation measures and implementation shall comply with the reclamation 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-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), thenthe sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
DesignStandards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]

ll. 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(bx3) and (cx3)]
12. Erosion conhol matting in riparian areas shall not contain a plastic or nylon mesh gid 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 azeas aze defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0201]
13. 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, sheam beds, or banks, adjacent to or upstream and dowastream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural gade 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(bx3) and (c)(3)]
14. Native riparian vegetation must be reestablished in the ripazian areas within the construction limiu of the
project by the end of the growing season following completion af construction. [15A NCAC 02B.0506(b)(2)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
16. 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]
17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
18. Upon comple[ion of the project (including any impacts at associated bortow or waste sites), the pertnittee or
authorized agent shall complete and retum the enclosed "Certification of Completion Form" to no[ify the NCDWR
when all work included in the 401 Certification has been completed. [ 15A NCAC 02H.0502(�]
19. A copy of this Water Qualiry CeRification shall be maintained on the construction site at all times. In addi[ion, [he
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project
manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (cx2)]
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 office of Administrative Hearings within si�cty (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 tluough Friday between the hours of 8:OOam and S:OOpm, except
fot official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
T'he petition may be faxed-provided the original and one copy of the dceument is received by the Office of
Administrative Hearings within five (5) business days following the faxed vansmission.
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 Envirarunental Quality
1601 Mail Service Center
T'his letter comple[es 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,
L'����.�,r;
Linda Culpepper, uector
Division of Water Resources
Electronic copy only distribution:
Billy Standridge, US Army Corps of Engineers, Washington Field Office
Ryan Kimberly, FHA, ryan.kinberly�DOT.gov
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy