20201515 Ver 2_Approval Letter_20210319

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
4f ' y,,
/ROY COOPER ? lair ;
Governor i` II r. y
DIONNE DELLI-GATTI e z O
Secretary N-7,.:"QUAtiWtli
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 19,2021
Mr.Philip S.Harris,III,P.E.,CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina,27699-1598
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for the proposed conversion of an at grade intersection of NC 87
(Old Stage Highway)and NC 11 (General Howe Highway)to an interchange in Columbus County,TIP R-
2561CA.
NCDWR Project No.20201515 V2
Dear Mr.Harris:
Attached hereto is a modification of Certification No.WQC004278 issued to The North Carolina Department of
Transportation(NCDOT)dated December 22,2020 and modified on March 19,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
,.-DocuSigned by:
0o►M,t 4i.GOVVAAV
"-9C9886312DCD474...
J. vane'3mitn,vireetor
Division of Water Resources
Attachment
Electronic copy only distribution:
Liz Hair,US Army Corps of Engineers,Wilmington Field Office
Greg Price,Division 6 Environmental Officer
Chris Rivenbark,NC Department of Transportation
Gary Jordan,US Fish and Wildlife Service
Travis Wilson,NC Wildlife Resources Commission
Beth Harmon,Division of Mitigation Services
File Copy
D ,00) North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27649 1617
NORTH CAROUNA
oawrdneM of r mimnmmM,l quei` /." 919.707.9000

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources(NCDWR)Regulations
in 15 NCAC 2H.0500.This certification authorizes the NCDOT to impact 4.086 acres of jurisdictional wetlands
and 681 linear feet of jurisdictional streams and in Columbus County. The project shall be constructed pursuant to
the application dated received September 28,2020 and revised application received February 26,2021. The
authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Site Permanent Temporary Permanent Temporary *Bank Total Stream
Fill in Fill in Fill in Fill in Stabilization Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
1-15+40 to 15+64 L2-LT 34 34 N/A
Roadway fill/54"pipe
1-15+59—15+70-L2-LT 18 N/A N/A
Rip Rap Bank Stabilization
1-15+66-15+72-L2-LT 10 10 N/A
Dewatering for pipe install
6-27+01-28+70-Y-RT 276 276 N/A
Roadway Fill
6-22+65-22+75-RPD-LT 20 N/A N/A
Rip Rap Bank Stabilization
6-22+65-22+84-RPD-LT 16 16 N/A
Dewatering pipe install
9-70+38-71+62-L-LT 35 N/A N/A
Bank Stabilization
9-70+30—71+36-L-LT 66 66 N/A
Permanent Channel
Stabilization
9-69+63-69+73-L-LT 10 10 N/A
Bridge Bent in Stream
9-70+25-70+40-L-LT 10 10 N/A
Stream Access for
Stabilization
9-70+65-71+54-L-RT 64 64 N/A
Permanent Channel
Stabilization
9-70+67—70+67 L-RT 21 21 N/A
Stream Access for
Stabilization

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
11-16+57—17+48—Y 83 83 N/A
Culvert removal/bridge
const./Bank Stabilization
11-16+56— 16+63 -Y-LT 10 10 N/A
Stream Access for
Stabilization
11-16+64— 17+39-Y-LT 38 38 N/A
Dewatering Culvert removal
11-17+48— 17+59-Y-LT 5 5 N/A
Stream Access for
Stabilization
11-64+84—17+11-Y-RT 18 18 N/A
Dewatering for Culvert
removal
11-16+64— 16+78-Y-RT 10 10 N/A
Stream Access for
Stabilization
11-17+13—17+21-Y-RT 10 10 N/A
Stream Access for
Stabilization
276 16 183 206 *73 681 N/A
Total
Total Stream Impact for Project:681 linear feet
*Bank Stabilization does not count towards impacts
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized *Hand Total Total
(ac) (temporary) (ac) Clearing Clearing Take Wetland
(ac) (ac) (ac) (ac) Impact
(ac)
1-14+89— 15+87—Ll-RT 0.012 0.028 0.029 0.069
Roadway/Ditch construction
1-14+87— 16+29-L1-RT 0.021 N/A
Hand clearing/ROW/PUE
2-9+45— 11+05 -Y2-LT 0.011 0.023 0.034
Ditch Construction
2-9+46—9+53-Y2-RT 0.003 0.016 0.019
2@ 18"pipe/riprap at outlet
3-35+59—38+98 L-LT 0.285 0.285
Roadway Fill
3-36+46—38+98-L-LT 0.034 0.047 0.081

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
Rip Rap Toe Protection
4-46+49-47+74-L-LT 0.077 0.035 0.024 0.112
Roadway/Ditch construction
4-18+01 -19+18-RPB-LT 0.102 0.050 0.056 0.208
Roadway/Ditch Construction
4-18+01 - 19+18 RPB-LT 0.385 0.385
Total Take)
4-18+11-20+19-RPB-RT 0.090 0.047 0.045 0.137
Roadway/Ditch/EC Basin Const.
4-19+62-RPB-16+03-LPB-LT 0.024 0.017 0.024
Ditch w/Rip Rap Construction
4-13+09-14+54-LPB-LT 0.092 0.059 0.066 0.151
Roadway/Ditch/EC Basin Const.
4-13+16- 14+38-LPB-RT 0.074 0.033 0.014 0.107
Roadway/Ditch Construction
4-14+99- 16+02-LPB-LT 0.081 0.017 0.020 0.098
Roadway/Ditch Construction
4-14+98- 16+30-LPB-RT 0.090 0.090
Roadway Fill
4-15+63- 16+17-LPB-RT 0.045 0.098 0.045
Ditch w/Rip Rap Construction
5-37+71 -37+82-Y-RT 0.008 N/A
Hand Clearing in TDE
5-39+12-40+79-Y-RT 0.080 0.142 0.222
Roadway Fill
5-40+90-41+10-Y-RT 0.007 0.030 0.020 0.057
15"Pipe/Rip Rap at Outlet
6-28+43-28+74-Y-LT 0.012 0.004 0.006 0.022
Roadway Fill/Channel Change
7- 17+53- 17+76-RPD-RT 0.001 0.005 0.006
Ditch Construction
8- 11+55- 12+24-RPD-RT 0.034 0.008 0.042
Ditch w/Rip Rap Construction
8- 11+55- 12+19-RPD-RT 0.029 0.065 0.094
Rip Rap down existing slope
9-67+98-70+95-L-LT 0.231 0.135 0.366
Roadway Fill
9-70+20-71+05-L-RT 0.003 0.010 0.013

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
Roadway Fill
9-70+91-77+15-L-RT 0.205 0.163 0.368
Roadway Fill
9-74+54-77+15-L-RT 0.048 0.085 0.133
Rip Rap Toe Protection
9-71+08-76+00-L-RT 0.025 N/A
Hand Clearing in ROW
10-80+78-81+26-L-LT 0.007 0.002 0.009
Roadway/Ditch Construction
10-80+68-80+88-L-LT 0.005 N/A
Hand Clearing DUE
11 - 12+85- 13+07-Y-LT 0.002 0.002
Roadway Fill
11- 12+63- 13+40-Y-LT 0.005 0.023 0.028
Rip Rap Toe protection
11- 13+40- 16+21 -Y-LT 0.114 0.114
Clearing for Silt Fence
11- 16+21-16+79-Y-LT 0.011 0.013 0.024
Roadway Fill
11- 17+03- 17+58-Y-LT 0.010 0.003 0.013
Roadway Fill
11- 17+58-19+09-Y-LT 0.029 0.029
Clearing for Silt Fence
11- 19+37- 19+53-Y-LT 0.002 0.002
Rip Rap at Pipe Outlet
11- 17+13- 18+91 -Y-RT 0.059 0.059
Roadway Fill
11- 17+18-19+06-Y-RT 0.019 0.408 0.427
Rip Rap Toe Protection
12-47+43-48+29-Y-LT 0.065 0.020 0.014 0.099
Roadway Fill/Detour
1.836 0.382 1.483 *0.231 0.385 4.086
Total
Total Wetland Impact for Project: 4.086 acres.
*Hand Clearing does not count towards Impacts
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not violate

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
the applicable portions of Sections 301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received
September 28,2020 and modification requested February 26,2021. Should your project change,you are required to
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 any
additional wetland impacts,or stream impacts,for this project(now or in the future)exceed one acre or 150 linear
feet,respectively,additional compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)
and(7). For this approval to remain valid,you are required to comply with all the conditions listed below. In
addition,you should obtain all other federal,state or local permits before proceeding with your project including
(but not limited to)Sediment and Erosion control,Coastal Stormwater,Non-discharge and Water Supply watershed
regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
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. [15A NCAC 02H.0506(b)(2)and(b)(3)]
2.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)]
3.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)]
4.The stream channel shall be excavated no deeper than the natural bed material of the stream,to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks,as well as
to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer
impact for access to stream channel shall be temporary and be revegetated with native riparian species.
[15A NCAC 02H.0506(b)(2)]
5.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. ) [15A
NCAC 02H.0506(b)(2)and(b)(3)]
6.Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be
used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and
on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the
area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,
basins,etc. Matting should be secured in place with staples, stakes,or wherever possible,live stakes
of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,
which can impinge and entrap small animals. For the establishment of temporary groundcover within
riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-
and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
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 down
stream 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. 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)]
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. [15A NCAC
02H.0506(b)(3)]
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.
[15A 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)]

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
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, 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]
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. [15A NCAC 02H
0506(b)(2)]
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)
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.

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
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)]
29. Compensatory mitigation for impacts to 4.086 acres of wetlands is required. We understand that you
have chosen to perform compensatory mitigation for impacts to wetlands through the Division of
Mitigation Services,and that the bank has agreed to implement the mitigation for the project. The DMS
has indicated in a letter dated February 26,2021 that they will assume responsibility for satisfying the
Federal Clean Water Act compensatory mitigation requirements for the above-referenced project.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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 8:00am and 5:00pm,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 the 19th day of March 2021
DIVISION OF WATER RESOURCES
e—DocuSigned by:
'-9C9886312DCD474...
S.Daniel Smith,Director
WQC No. WQC004278

DocuSign Envelope ID: FBD54EC5-D7C2-45E0-83F6-1680266C290B
+ moo r, 'lb '
ROY COOPER -;,1' jai. J y
Governor ` �'■ -r.
DIONNE DELLI-GATTI '''' "4.,z�, -
Secretary ''f�' ^`^`-
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
NCDWR Project No.: County:
Applicant:
Project Name:
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
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:
Engineer's Certification
Partial Final
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
Permittee 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 Registration No.
Date
^- North Carolina Department of Environmental Quality I Division of Water Resources
wJ/y� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CARDIJNA 919.707.9000
NORTH
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