20231569 approval letter

DocuSign Envelope ID: 97F3DF55-A956-4D6B-94OD-CC74FODBCFBO
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Jason Dilday
Environmental Coordination and Permitting
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
Environmental Quality
January 30, 2024
DWR # 20231569
Beaufort County
TIP BR-0005
Bridge No. 75
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT, TIP # BR-0005, Beaufort County
Chocowinity Creek [Tar -Pamlico River Basin, 0302010401, C;Sw;NSW]
Dear Mr. Dilday:
You have our approval for the impacts listed below for the replacement of Bridge No. 75 over Chocowinity Creek
on NC 33 in Beaufort County. The project shall be constructed according to your application dated November 17,
2023, received by the Division of Water Resources (Division) November 17, 2023. These impacts are covered by
Water Quality General Certification Number 4135 and the conditions listed below. This certification is associated
with the use of Regional General Permit Number198200050 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 listed 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 Tar -Pamlico River Basin
Wetland
Wetland Fill
Wetland
Wetland
Hand
Total
Fill
Temporary
Excavation
Mechanized
Clearing
(ac)
Site
Permanent
(ac)
(ac)
Clearing (ac)
(ac)
(ac)
Bridge 75
0.305
0.42
0.003
--
0.12
0.848
Utilities
0.01
--
--
--
0.54
0.55
Total
0.315
0.42
0.003
--
0.66
1.398
tar E Q
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
919.707.9000

DocuSign Envelope ID: 97F3DF55-A956-4D6B-94OD-CC74FODBCFBO
DWR# 20231569
401 Certification
Page 2 of 6
Stream Impacts in the Tar -Pamlico River Basin
Site
Stream
Permanent
1
Stream
Temporary
1
Total
(if)
2
--
170
170
3
23
14
37
4
--
31
31
Total
23
215
238
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 you are unable to comply with any of the conditions of the attached Water Quality General Certification or with
the additional conditions listed below, you must notify the Washington Regional Office 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 Washington 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.
Additional 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. Impacts to Tar -Pamlico Riparian Buffers are covered under a separate Buffer Authorization.
3. Compensatory mitigation for impacts to 0.308 acres of riparian wetlands is required. We understand that
you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina
Division of Mitigation Services (DMS), and that the DMS has agreed to implement the mitigation for the
project. DMS has indicated in a letter dated November 27, 2023 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced
project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. [15A NCAC 02H
.0506(c)]
Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland
impact areas from re -attaining jurisdictional wetland status; the permittee shall provide an update on the
wetland areas temporarily impacted at Sites 2 and 4. This update shall be conducted two growing seasons
after completion of the work and shall consist of photographs and a brief report on the progress of the areas
in re -attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee
shall schedule an agency field meeting with the NCDWR to determine if the wetland areas temporarily
impacted by this project have re -attained jurisdictional wetland status. If the wetland areas temporarily
impacted by this project have not re -attained jurisdictional wetland status, the NCDWR shall determine if
compensatory wetland mitigation is to be required. [ 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
Q7: > North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 97F3DF55-A956-4D6B-94OD-CC74FODBCFBO
DWR# 20231569
401 Certification
Page 3 of 6
5. 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. No in -water work is allowed between February 15 and
June 30 of any year. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
6. 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)]
7. 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 .0506(b); 15A NCAC 02H .0507(c)]
8. 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); 15A NCAC 02H .0507(c)]
9. 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)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I5ANCAC 02H.0506(b)(3)]
It. 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)(1)]
12. 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. [I 5A NCAC 02H.0506(b)(3) and 15A NCAC 02H .0507(c)]
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), thenthe
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watershed. [I 5A NCAC 02H.0506(b)(3) and
(c)(3); GC 4135]
13. 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); 15A NCAC 02H .0507(c)]
Q7: > North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 97F3DF55-A956-4D6B-94OD-CC74FODBCFBO
DWR# 20231569
401 Certification
Page 4 of 6
14. 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
stakes of native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [I 5A
NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
15. 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); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231]
16. 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)]
17. 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.0506(b); 15A NCAC 02H .0507(c)]
18. 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. [I 5A NCAC 02H
.0506(b)(2)]
19. 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)]
20. 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)]
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)]
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)]
Q7: > North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 97F3DF55-A956-4D6B-94OD-CC74FODBCFBO
DWR# 20231569
401 Certification
Page 5 of 6
24. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000.
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)(2)]
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 02H .0506(b); 15A NCAC 02H
.0507(c)]
28. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
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); 15A NCAC
02H .0507(c)]
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. [I 5A NCAC 02H.0507(c)]
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)]
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.
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 [phone].
Q7: > North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 97F3DF55-A956-4D6B-94OD-CC74FODBCFBO
DWR# 20231569
401 Certification
Page 6 of 6
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
021-1.0500. Please contact Garcy Ward at 252-948-3917 or garcy.wardAdeq.nc.gov if you have any questions or
concerns.
cc:
Sincerely,
DocuSigned by:
Rich .a�goW4Tk,.Director
Division of Water Resources
Tom Steffens, USACE Washington Regulatory Field Office (via email)
Jay Johnson, Division 2 Environmental Officer
Chris Rivenbark, RK&K
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
Q7: > North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000