NCDOT 70-20 Re-Issue Water Quality Cert. Smith Creek

Docut;;gn Envelope ID:421B524D-D537-481A-B23A-CAE39FOCDA4D
ROY COOPER � �-
Governor
ELIZABETH S.BISER
Secretary 'srOW,000
RICHARD E.ROGERS.JR. NORTH CAROLINA
Director Environmental Quality
February 21, 2023
DWR#20200393 v.2
New Hanover County
TIP Project No. B-4590
Ms. Anneliese Westphal
Environmental Senior Specialist
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: RE-ISSUE OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT B-4590, New Hanover County.
[Smith Creek, Cape Fear River Basin, C;SW]
Dear Ms. Westphal:
You have our approval for the impacts listed below for the purpose of replacing Bridge 29 over Smith
Creek on SR 2812 (Castle Hayne Road) in New Hanover County. The project shall be constructed in
accordance with your application dated received by the Division of Water Resources (Division) on
February 07, 2023. All the authorized activities and conditions associated with the original Water
Quality Certification dated March 24, 2020 still apply except where superseded by this certification.
These impacts are covered by the attached Water Quality General Certification Number 4135 and the
conditions listed below. This certification is associated with the use of the Regional General Permit
Number 50 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required
by(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Hand Clearing Total
(ac) (temporary) (ac) Clearing(ac) (ac) (ac)
(ac)
Site 15+64/17+20 0.008 --- --- 0.047 0.055
RT Roadway Fill
Site 1 7+20/17+80 0.042 0.042
RT Clearing for
"Temp Platform
DEQ.) North Carolina Department of Environmental Quality) Division of Water Resources
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DocuSign Envelope ID:421B524D-D537-481A-B23A-CAE39FOCDA4D
Site 16+56/17+20 0.012 --- --- --- 0.005 0.017
LT Roadway Fill
Site 17+30 LT& 0.017 --- --- 0.017
RT Floodplain
Excavation
Site 19+60 RT ___ --- 0.002 --- --- 0.002
Floodplain
Excavation
Site 19+99/22+04 0.045 --- --- --- --- 0.045
RT Roadway Fill _
Total 0.065 --- 0.019 --- 0.094 0.178
Total Wetland Impacts for Project:0.178 acres
(permanent impacts: 0.084 ac)
Open Water Impacts in the Cape Fear River Basin
Site Permanent Temporary Total
Fill in Open Fill in Open (ac)
Waters(ac) Waters(ac)
Site 17+76/19+19 ___ 0.199 0.199
LT&RT
Drill shafts 0.002 --- 0.002
Total 0.002 0.199 0.201
Total Open Water Impacts for Project:0.201 acres
(permanent impacts:0.002 ac)
This approval is for the purpose and design described in your application.The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If total wetland fills for this
project(now or in the future) exceed one-tenth of an acre,or of total impacts to perennial 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).
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below,you must notify the DWR Transportation
Permitting Branch within 24 hours(or the next business day if a weekend or holiday)from the time the
permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of,stream or wetland standards[15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday)from the time the permittee became aware of the non-compliance
circumstances.
Conditions of Certification:
Project Specific Conditions
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)]
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Doc1TSign Envelope ID:421B524D-D537-481A-B23A-CAE39FOCDA4D
3. The outside buffer,wetland or water boundary located within the construction corridor approved by
this authorization, including all non-commercial borrow and waste sites associated with the
project, 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)]
5. Adherence to The Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary
Measures for Construction Activities in North Carolina Waters will be required throughout
construction.
6. All moratoriums on construction activities established by the NC Wildlife Resources Commission(WRC),
US Fish and Wildlife Service(USFWS), NC Division of Marine Fisheries (DMF), National Marine Fisheries
Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the
resource agency responsible for the given moratorium. A copy of the approval from the resource
agency shall be forwarded to DWR.
General Conditions
7. 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)]
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. 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)]
10. 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)]
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)]
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DocuSign Envelope ID:421B524D-D537-481A-B23A-CAE39FOCDA4D
12. All work in or adjacent to stream waters shall be conducted in a dry work area.Approved BMP measures
from the most current version ofNCDOT 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)]
13. Heavy 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)]
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 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),then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B.0124, Design Standards in Sensitive Watershed. [15A NCAC 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. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02B .0201]
18. 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
DEQ North Carolina Department of Environmental Quality I Division of Water Resources
�� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699 1617
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DoctTBign Envelope ID:421 B524D-D537-481A-B23A-CAE39FOCDA4D
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)]
19. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must
be accomplished in strict compliance with the most recent version of NCDOT's Best Management
Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506(b)(5)]
20. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour
holes,vegetated buffers, etc.) where possible before entering the stream. To meet the
requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the
North Carolina Department of Transportation Stormwater Best Management Practices Toolbox
manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
21. All bridge construction shall be performed from the existing bridge,temporary work bridges,
temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be
floated into position and then sunk. The barges shall not be sunk and then dragged into position.
Under no circumstances should barges be dragged along the bottom of the surface water. [15A
NCAC 02H .0506(b)(3)]
22. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically,jetting or other methods of pile driving are prohibited
without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
23. A turbidity curtai^. will be installed in the stream if driving or drilling activities occur within the
stream channel, on the stream bank, or within 5 feet of the top of bank,or during the removal of
bents from an old bridge.This condition can be waived with prior approval from the NCDWR. [15A
NCAC 02H .0506(b)(3)]
24. 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)]
25. Any rip-rap required for proper culvert placement,stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip-rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall
not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be
installed in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)]
26. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
Q North Carolina Department of Environmental Quality I Division of Water Resources
D E �/ 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
°'E °"\ /� 919.707.9000

DocuSign Envelope ID:421B524D-D537-481A-B23A-CAE39FOCDA4D ^
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201]
27. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter
surface waters. This water shall be captured,treated, and disposed of properly. [15A NCAC
02H .0506(b)(3)]
28. 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
02H.0506(b)(2)]
29. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
30. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCG01000.
31. 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]
32. 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)]
33. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT
Division Engineer shall complete the "Certification of Completion Form" to notify the NCDWR when all
work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
34. 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)] .
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations(CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
0; 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699 1617
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DocuSign Envelope ID:421B524D-D537-481A-B23A-CAE39FOCDA4D
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing(Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-
3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 1SA NCAC
02H .0500. Please contact Hannah Sprinkle at [e-mail] if you have any questions
or concerns.
Sincerely,
DocuSigned by:
s' 9C9886312DCD474
Richard E. Rogers,Jr., Director
Division of Water Resources
cc:
Thomas A. Steffens, USACE Washington Regulatory Field Office (via email)
Mason Herndon, Division 3 Project Development Engineer
Cathy Brittingham, NC Division of Coastal Management
Stephen Lane, NC Division of Coastal Management
Hannah Sprinkle, NC Division of Water Resources Wilmington Regional Office
File Copy
DEQ North Carolina Department of Environmental Quality I Division of Water Resources
��,,,,,) 512 North Salisbury Street 1617 Mail Service Center I Raleigh.North Carolina 27699-1617
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