20220621-401

DocuSign Envelope ID:9BFCC6C3-3E8B-4CB5-9FD8-538B797EBBB7
moo 5rAT, y'' 1
ROY COOPER ' ,; __ oI�
Governor
ELIZABETH S.BISER tizs4:...-
JuaNiVSecretary4.` „- =
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
June 3,2022
Kevin Bowen,PE,Division Engineer
NCDOT Division 4
PO Box 3165
Wilson,NC 27895
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed replacement of Bridge 119 on SR 1003 in Halifax County,
State Project#BP4.R014.1
NCDWR Project No.20220621
Dear Mr.Bowen:
Attached hereto is a copy of Certification No.4830 issued to The North Carolina Department of Transportation
(NCDOT)dated June 3,2022.
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 Water Quality 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)]. This Certification does not relieve the permittee of the responsibility
to obtain all other required Federal, State,or Local approvals before proceeding with the project,including those
required by,but not limited to,Sediment and Erosion Control,Non-Discharge,Water Supply Watershed,and Trout
Buffer regulations.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
LDocuSigned by:
a—KAI 414linilA,
9C9886312DCD474...
Richard E.Jones,Jr,Director
Division of Water Resources
Attachments
cc: Tom Steffens,USACE Washington Regulatory Field Office
Chad Coggins,Division 4 Environmental Project Engineer
File Copy
_E C `� North Carolina Department of Environmental Quality I Division of Water Resources
✓ 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CARouNq 919.707.9000
oep of em of Environmental Quality

DocuSign Envelope ID:9BFCC6C3-3E8B-4CB5-9FD8-538B797EBBB7
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water 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 0.16 acres of jurisdictional wetlands and
38 linear feet of jurisdictional streams in Halifax County. The project shall be constructed pursuant to the
application dated received April 28,2022. The authorized impacts are as described below:
Stream Impacts in the Tar-Pamlico River Basin
Site Streambank Stabilization to Perennial Stream (linear ft) Total Stream Impact (linear ft)
Total 38 38
Total Stream Impact for Project: 38 linear feet
Wetland Impacts in the Tar-Pamlico River Basin
Site Permanent Fill Excavation Mechanized Clearing Hand Clearing Total Wetland Impact
(ac) (ac) (ac) (ac) (ac)
Total 0.05 0.01 0.06 0.04 0.16
Total Wetland Impact for Project: 0.16 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico
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
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 April
28,2022. 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.
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.
North a Department of vm Q I Dios
'7v®�j`') 512 NorthCarolin Salisbury Street 11611En iron Mail Serviceental Centeruality I iv
Raleighsin of,North
Water CarolinaResource 27 699-1611
_E
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW wary

DocuSign Envelope ID:9BFCC6C3-3E8B-4CB5-9FD8-538B797EBBB7
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)]
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.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)
26.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
_E North arts of Environmental Quality I Division of Water Resources
'7v®�j`') 512 NorthCarolina SalisburyDepar Streetmen 11611 Mail Service Center I Raleigh,North Carolina 27 699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW wary

DocuSign Envelope ID:9BFCC6C3-3E8B-4CB5-9FD8-538B797EBBB7
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 3rd day of June 2022
DIVISION OF WATER RESOURCES
rIlDoculSiigned by:
9C9886312DCD474...
Richard E.Rogers,Jr,Director
WQC No.4830
North Department of vm Q I Dios
'7v®�j`') 512 NorthCarolina Salisbury Street 11611En iron Mail Service
ental Centeruality I iv
Raleighsin of,North
Water CarolinaResource 27 699-1611
_E
NORTH CAROLINA 919.707.9000
onpa,hnam of EmtrnnmantS Wanly