20191300 Ver 1_Approval Letter_20191009

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
ROY COOPER
Gfn-emur
MICHAEL S. REGAN
serrclrary
UNDA CIJfLPEPPER
Direcraar
NORTH CAROLINA
Errvironmental Quality
October 9, 2019
New Hanover County
NCDWR Project No. 20191300
Connection Between US 74 and SR 1409
STIP U-5710A
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mason Herndon, Environmental Supervisor
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Dear Mr. Herndon:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
constructing a northwest quadrant connection between US 74 (Eastwood Road) and SR 1409 (Military Cutoff Road)
to improve the efficiency of the intersection in New Hanover County:
Stream Impacts in the White Oak River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Stream (linear
Stream (linear
Perennial
Perennial
(linear ft)
Requiring
ft)
ft)
Stream
Stream (linear
Mitigation
(linear ft)
ft)
(linear ft)
Site 2
372
372
N/A
19+50 to 23+68.78-L
Site 2 (Channel
91 *
25
116
N/A
Improvements)
Site 2 (Channel
62**
9
71
N/A
Relocation)
525
34
559
N/A
Total
Total Stream Impact for: 559 linear feet (4061f)
*Channel improvements to correct vertical stream banks and removing sediment prohibiting positive flow (not
to be considered a loss)
** Channel relocation to align the stream to an existing stream where a culvert is shown for a planned
development (self -mitigating)
Q. E Q Nwh Cardiw IDepprimtnt of ErMrbnmental Quality I DWision of Water Rd!"vrtrs
Wilmington Reglenal Mice 1 127Cardlnal Drlve Extension I Wilmington Narth Carolina 28405
i � �--�+�+11� 910-7%17215

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
Wetland Impacts in the White Oak River Basin
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total
(ac)
(temporar
(ac)
Clearing
Clearing
Bridge
Wetland
y)
(ac)
(ac)
(ac)
Impact (ac)
(ac)
Site 1
0.038
0.007
0.045
15+80 to 16+30-L
0.038
0.007
0.045
Total
Total Wetland Impact: 0.045 acres.
The project shall be constructed in accordance with your application dated received September 30, 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 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 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). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre -construction meeting. [I 5A NCAC 02H.0506(b)(2) and (b)(3)
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 an area that is adjacent to a body of water. [15A NCAC 0213.
0220]
Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation
used for bank stabilization shall be limited to native riparian vegetation and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip -rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip -rap coverage
requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded
fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
6. For the 34 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
General Conditions
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.
[I5ANCAC 02B.0200]
9. 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. [I 5A NCAC 02H.0506(b)(2)]
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. 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)]
12. 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)]
13. 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)]
14. 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. [I 5A NCAC
02H.0506(b)(3)]

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
15. 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. [I 5A NCAC
02H.0506(b)(3)]
16. 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)]
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
18. 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]
19. 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)]
20. 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)]
21. 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]
22. 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.
23. 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)]
24. 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 Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
25. 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. [I 5A NCAC 0213.0231(a)(6)]
26. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact
from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
27. 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 Control 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.
28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 sixty (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 through Friday between the hours of 8:OOam and 5:OOpm, except
for official state holidays. The original and one (1) 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 the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
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 Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Joanne Steenhuis at [phone] [e-mail].
Sincerely,
EDOCUSigned by:
9C9886312DCD474...
Linda Culpepper, Director
Division of Water Resources

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Cathy Brittingham, NC Division of Coastal Management
Beth Harmon, Division of Mitigation Services
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

DocuSign Envelope ID: 62F576BD-B435-46B1-8443-4FCB44689B3A
ROY COOPER
Gfwrm r
MICHAEL S. REGAN
secs-viary
UNDA CULPEPPER
Dirccror
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmenraf Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
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 Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , 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 Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permiee 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 Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Norih Carolina Deparinurni of Ermrt'nmenlal Quality I Dbnsion of Water Rd!wurt"
E Wilmington Reglena6Offlce 1127Cardlnral Drive Extension I W'ilmington. North Carnhna 28405