20181017 Ver 1_Approval Letter_20210331

DocuSign Envelope ID:455C9675-A932-41BC-981E-0E5A99996A8E
STATE
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ROY COOPER sf-jy )nl
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DIONNE DELLI-GATTI �� ./ate/'///
Secretary aturt
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 31, 2021
DWR#20181014 V2
Brunswick County
Mr. Phillip s. Harris Ill, P.E., C.P.M. Unit Head
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, NC 27600-1598
Subject: RENEWAL APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS FOR NC 211 from SR 1500(Midway Road)to NC 87
NCDOT TIP# R-5021, Brunswick County
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) March 16, 2021,with subsequent information on
March 22, 2021 via e-mail.These impacts are covered by the attached Water Quality General
Certification Number 4135 and the conditions listed below. This Certification is a renewal of the
Certification issued on September 10, 2018. This certification is associated with the use of Regional
General Permit Number 198200031 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 itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
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DWR# 20181014 V2
401 Certification
Page 2 of 11
Stream Impacts in the Lumber and the Cape Fear 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 5 82 14 96 N/A
L-83+55—83+84 LT
Site 6 91 9 100 N/A
L- 100+43-100+73 LT
Site 7 133 13 146 N/A
L-106+05— 107+32 LT
Site 13 153 19 172 N/A
L-216+73 1 218+28 LT
Site 14 16 15 31 N/A
L-216+53—216+82 RT
Site 16 150 10 160 N/A
L-225+77—226+44 LT
Site 17 59 10 69 N/A
L-225+59—225+92 RT
Site 25 85 24 109 N/A
L-315+96—316+63 LT
Site 25A 107 107 N/A
L-316+38—317+38 LT
Site 26 116 24 140 N/A
L-316+52—317+84 RT
Site 31 18 29 47 N/A
L-369+37—369+59 RT
Site 34 73 8 81 N/A
L-428+24—428+68 LT
Site 40 26 10 36 N/A
Y22-23+04
—23+21 RT
Site 41 40 10 50 N/A
Y22-23+17-23+32 LT
1149 195 1344 N/A
Total
Total Stream Impact for Project Site: 1344 linear feet

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DWR# 20181014 V2
401 Certification
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Wetland Impacts in the Lumber* and 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)
*Site 1 0.172 0.172
L-55+59-57+85 RT
*Site 2 0.045 0.122 0.167
L-65+12-69+60 RT
*Site 3 0.666 0.241 0.035 0.942
YA-11+18- 14+70 RT/LT
*Site 4 0.906 0.068 0.974
YREV 38+47-48+34 LT
*Site 4 0.211 0.211'
L-81+78-- 86+05 RT
*Site 5 0.076 0.015 0.091
L-85+22-86+44 LT
*Site 5 0.084 0.025 0.109
YB- 16+72- 19+0OLT
*Site 6 0.149 0.032 0.181
L-100+78- 103+67 LT
*Site 9 1.186 0.147 1.333
L- 113+86- 126+79 LT
*Site 10 0.985 0.271 1.256
L-126+92- 144+52 LT
Site 11 0.101 0.053 0.154
L-200+46 -- 205+16 RT
Site 13 0.039 0.024 0.063
L-216+76-217+92 LT
Site 14 0.046 0.001 0.007 0.054
L-215+99-217+82 RT
Site 15 0.024 0.020 0.040 0.044
L-222+97-223+54 LT
Site 16 0.303 0.008 0.019 0.330
L-225+21 -227+48 LT
Site 17 0.015 0.131 0.027 0.173
L-222+60--226+73 RT
Site 18 0.540 0.045 0.585
L-237+79- -242+95 LT

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401 Certification
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Site 19 5.350 0.296 5.646
L-245+23 - -275+27 LT
Site 20 2.206 0.124 2.330
L-275+51 - -286+64 LT
Site 21 0.079 0.028 0.107
L-271+43-275+91 RT
Site 22 0.087 0.037 0.124
L-278+65-283+16 RT
Site 23 2.564 0.168 2.732
L-289+94-304+98 LT
Site 42 0.001 0.001
L-324+23-324.26 LT
Site 28 0.006 0.040 0.046
L-353+34-353+73 RT
Site 29 0.277 0.069 0.019 0.365
L-366+77-369+06 LT
Site 30 0.492 0.071 0.563
L-370+03-375+93 LT
Site 32 0.001 0.001 0.002
L-370+83-370+94 RT
Site 36 0.003 0.003
YREV-9+47-9+77 RT
Site 37 0.2222 0.048 0.270
Y14A-52+57-59+22 RT
Site 38 0.058 0.009 0.029 0.096
Y14A-55+80-66+12 LT
Site 39 0.009 0.021 0.030
Y14A-64+77-66+24 RT
Site 42 0.001 0.001
L-324+23-324+26 LT
16.350 0.0 1.110 1.676 0.019 0.040 19.176
Total
Total Wetland Impacts for Project Site: 19.176 acres.
**Hand Clearing does not count towards impacts

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401 Certification
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Open Water Impacts in the Lumber and Cape Fear River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open
Open Waters (ac) Open Waters (ac) Waters(ac)
Site 2 0.290 0.290
L-57+22—75+36 RT
Site 12 0.237 0.142 0.379
L-211+66—214+04 LT
Site 24 0.065 0.065
L-313+81 —314+96 RT
Site 35 0.068 0.008 0.076
YB-11+41 — 13+72 LT
Site 37 0.005 0.005 0.010
Y14D-19+91 —20+15 LT
Site 37 0.311 0.005 0.316
Y14A-52+57—59+29 RT
Site 38 0.287 0.004 0.291
Y14A-55+80—66+12 LT
1.263 0.164 1.427
Total
Total Open Water Impact for Project Site: 1.263 acres.
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 itemized below,you must notify the Wilmington 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 Wilmington 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.

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401 Certification
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Project Specific Conditions:
1. The NCDOT Division Environmental Program Supervisor 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. At locations where ponds will be drained, proper measures will be taken to drain the pond
with limited impact to upstream and downstream channel stability as well as to native
aquatic species. Proper measures will be taken to avoid sediment release and/or sediment
accumulation downstream as a result of pond draining. If typical pond draining techniques
will create significant disturbance to native aquatic species, additional measures such as
collection and relocation may be necessary to prevent a significant fish kill. NCDOT shall
consult with NC Wildlife Resources staff to determine if there are any sensitive species, and
the most appropriate measures to limit impacts to these species. [15A NCAC 2H.0506(b)(3)
3. 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.) before entering the stream. To meet the
requirements of NCDOT's NPDES permit NCS000250, please refer to the most recent version
of the North Carolina Department of Transportation Storm water Best Management
Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506(b)(5)]
4. 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)]
5. 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)
6. 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)
7. 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)]

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401 Certification
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8. 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)
9. For the 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)]
10. 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)]
11. 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)]
12. 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 prohibited. Riparian areas are defined as a
distance 25 feet landward from top of stream bank.
13. Compensatory mitigation for impacts for to 19.176 acres of 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) (formerly
NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has
indicated in letters dated August 27, 2018 and March 12, 2021 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.
Additional Conditions:
14. 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

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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)]
15. 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]
16. 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)]
17. 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)]
18. 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)]
19. 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)]
20. 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)]
21. 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)]
22. 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)]
23. 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)]
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
25. 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).

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401 Certification
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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]
26. 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.
27. 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.
28. 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.
29. 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]
30. 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]
31. 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)]
32. 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)]
33. 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]

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401 Certification
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34. 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.
35. 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)]
36. 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)]
37. 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.0231(a)(6)]
38. 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)
39. 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.
40. Where placement of sediment and erosion control devices in wetlands and/or waters is
unavoidable,they shall be removed and the natural grade restored upon completion of the
project. [15A NCAC 02H.0506(b)(3) and (c)(3)

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This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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
150E 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.
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
02H .0500. Please contact Joanne Steenhuis at [phone] or [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc: Brad Shaver, USACE Wilmington Regulatory Field Office (via email)
Mason Herndon, NC DOT Division 3 Environmental Program Supervisor
Chris Rivenbark, NC Department of Transportation
Chris Militscher, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Management
Beth Harmon, Division of Mitigation Services
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