20211101 v.1 IC letter.docx

DocuSign Envelope ID:CD7F8591-A51A-4FD2-Al2E-6A360CCBEAD4
5(J17'qr
ROY COOPER =. ' fT r
Governor tfl
ELIZABETH S. BISER •
Secretary °°"i"
RICHARD E. ROGERS,JR. NORTH CAROLINA
Director Errwrronmerrtrll Q!Grlly
April 1,2022
Mr. Casey Whitley
NCDOT Division 2
1037 W.H. Smith Blvd
Greenville,NC 27835
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed replacement of Bridge No. 57 over Harlowe Canal on SR
1391 (Ball Farm Rd)in Carteret County.
NCDWR Project No.20211101
Dear Mr.Whitley:
Attached hereto is a copy of Certification No.WQC004684 issued to The North Carolina Department of
Transportation(NCDOT)dated April 1,2022.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
EDocuSigned by:
9C9886312DCD474...
Richard E.Rogers,Jr.,Director
Division of Water Resources
cc:
Tom Steffens,US Army Corps of Engineers,Washington Field Office
Jay Johnson,Division 2 Environmental Officer
Stephen Lane,NC Division of Coastal Management
Cathy Brittingham,NC Division of Coastal Management
Sam Cullum,Kisinger Campo&Associates,[e-mail]
Garcy Ward,NC Division of Water Resources,Washington Regional Office
File Copy
-01"-- � North Carolina Department of Environmental Quality Division of Water Resources
.__ 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
1:1• ` 1"NMI. 1"°m. 919.707.9000

DocuSign Envelope ID:CD7F8591-A51A-4FD2-Al2E-6A360CCBEAD4
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 and 15A NCAC 2B.0714. This certification authorizes the NCDOT to permanently impact
an additional 0.002 acres of coastal wetlands and 60 linear feet of stream in Carteret County. The project shall be
constructed pursuant to the application dated received February 2,2022. The authorized impacts are as described
below:
Coastal Wetland and Stream Impacts in the White Oak River Basin
Wetland Fill Stream Stream
Site Permanent Permanent(lf) Temporary(10)
(ac)
Bridge No. 57 0.002 60 103
Total 0.002 163
The application provides adequate assurance that the discharge of fill material into wetlands and waters of the White
Oak River Basin in conjunction with the proposed activity 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
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
February 2,2022. Should your project change,you are required to notify 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.
This Water Quality Certification neither grants nor affirms any property right,license,or privilege in any lands
or waters,or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights,littoral rights,or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the
Division may inspect the property.
Condition(s)of Certification:
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. This Certification is associated with the Nationwide 3 permit issued by the Corps of Engineers.
-.0.•"--- � North Carolina Department of Environmental Quality Division of Water Resources
__ " 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
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3. 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)]
4. If activities must occur during periods of high biological activity(e.g.sea turtle nesting,fish spawning,or bird
nesting), then biological monitoring may be required at the request of other state or federal agencies and
coordinated with these activities. 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), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition
require written approval by the resource agency responsible for the given moratorium.
5. 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]
6. 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)]
7. 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)]
8. 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)]
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),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]
11. 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)]
12. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can impinge
and entrap small animals. Matting should be secured in place by staples,stakes,or wherever possible live
-.0.•"-- � North Carolina Department of Environmental Quality Division of Water Resources
__ " 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
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stakes of native trees. Riparian areas are 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, 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)]
14. 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)]
15. 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 Depatltuent of
Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A
NCAC 02H.0507(d)(2)and 15A NCAC 02H .0506(b)(5)]
16. 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)]
17. 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)]
18. 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)]
19. 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 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]
20. 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)]
21. 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)]
22. 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)
-.0.•"--- � North Carolina Department of Environmental Quality Division of Water Resources
__ " 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
�` I"�` 1 °�� 919.707.9000

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23. A turbidity curtain 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. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable
requirements of the NCG01000.
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 02B.0506(b)(2)]
26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
27. 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]
28. 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)]
29. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project
supervisor and essential staff understand the permit conditions and any potential issues at the permitted
site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)]
30. 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)]
31. 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 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. 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.Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. 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.
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
. ...------•----)
North Carolina Department of Environmental Quality Division of Water Resources
iiiic+4__ 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:CD7F8591-A51A-4FD2-Al2E-6A360CCBEAD4
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.
This Certification can be contested as provided in Chapter 150B 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 150B 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 the 1st day of April,2022
DIVISION OF WATER RESOURCES
,-DocuSigned by:
9C9886312DCD474...
Richard E. Rogers,Jr.,Director
WQC No.004684
�� North Carolina Department of Environmental Quality Division of Water Resources
.__-..-r--
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
� "�`�"°�� 919.707.9000