20210307 Ver 1_Approval Letter_20210922

DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
___-----,;:'STATE oe",
ROY COOPER 5 =>
Governor
ELIZABETH S.BISER .� -a,
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
September 22,2021
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: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed widening of SR 1102(Gillis Hill Road)from US 401
(Raeford Road)to SR 1418(Lindsay Road),Cumberland and Hoke Counties,TIP U-5798A and U-
5798B.
NCDWR Project No.20210307
Dear Mr.Harris:
Attached hereto is a copy of Certification No.WQC004465 issued to The North Carolina Department of
Transportation(NCDOT)dated September 22,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
,—DocuSigned by:
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—9C96312DC74...
S.LJQ111G1 J881111111,D4L1Ic4Au1
Division of Water Resources
Attachments
Electronic copy only distribution:
Liz Hair,US Army Corps of Engineers,Wilmington Regulatory Field Office
Jim Rerko,Division 6 Environmental Officer
Chris Rivenbark,NC Department of Transportation
Beth Harmon,Division of Mitigation Services
Hannah Sprinkle,NC Division of Water Resources Wilmington Regional Office
File Copy
D E Q Department Quality I rc
OOO""" 512 NorthNorthCarolina Salisbury Street 11of617 MailEnvironmental Service Center I RaleighDivision,NorthofWater CarolinaResou 27699es -1617
NORTH CAROLINA
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DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
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 2.54 acres of jurisdictional wetlands,
and 1,073 linear feet of jurisdictional streams in Cumberland and Hoke County. The project shall be constructed
pursuant to the application dated received July 29,2021. The authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Type Permanent Temporary Total Stream Stream impacts
Site (linear feet) (linear Peer) Impacts(linear ft) requiring
mitigation
(linear ft)
Section A Impacts
1 P 232 26 258 n/a
Section A 232 26 258 n/a
Total:
Section B Impacts
P 660 ---- 660 660
1
P 155 ---- 155 n/a
4
815 ---- 815 660
Section B
Total:
Total Project Impacts
Project 1047 26 1073 660
Total:
Total Stream Impact for Project: 1073 linear feet
n/a=<3001f of impact,no mitigation required

DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Hand Permanent Total
(ac) (temporary) (ac) Clearing Clearing Wetland Wetland
(ac) (ac) (ac) Impact(ac) Impact(ac)
Impacts Section A
1 0.41 ---- <0.01 0.05 0.30 0.46 0.76
2 0.09 ---- ---- 0.04 0.01 0.13 0.14
Total 0.50 ---- <0.01 0.09 0.31 0.59 0.90
Utilities <0.01 ---- ---- ---- 0.10 <0.01 0.11
1
2 0.03 ---- ---- <0.01 0.03 0.03 0.06
Total 0.04 ---- ---- <0.01 0.13 0.04 0.17
Section A 0.54 ---- <0.0 I 0.09 0.44 0.63 1.07
Total:
Impacts Section B
2 0.63 ---- 0.06 ---- ---- 0.69 0.69
3 0.15 ---- ---- ---- ---- 0.15 0.15
4 ---- --- ---- ----
Section B 0.78 ---- 0.06 ---- 0.84 0.84
Total:
Total Project Impacts
Project 1.32 ---- 0.06 0.09 0.44 1.47 2.54
Total:
Total Wetland Impact for Project: 2.54 acres; 1.47 acres requiring mitigation.
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
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 July 29,
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

DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
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.
Condition(s)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)J
2. Compensatory mitigation for 660 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigation Service(DMS)(formerly NCEEP),and that the DMS has agreed to implement the
mitigation for the project. The DMS has indicated in letters dated July 28,2021 and July 29,2021 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements
for the above-referenced project,in accordance with the DMS Mitigation Banking Instrument signed July
28,2010.
3. Compensatory mitigation for impacts to 1.47 acres 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 letter dated July 28,2021 and July 29,2021 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.
4. When final design plans are completed for U-5798 Section B,a modification to the 401 Water Quality
Certification shall be submitted along with appropriate fees to the NC Division of Water Resources. Final
designs shall reflect all appropriate avoidance,minimization,and mitigation for impacts to wetlands,
streams,and other surface waters,and buffers. No construction activities that impact any wetlands,
streams,surface waters,or buffers located in U-5798 Section B shall begin until after the permittee applies
for,and receives a written modification of the 401 Water Quality Certification from the NC Division of
Water Resources.
5. Channel relocations shall be completed and stabilized,and approved on site by NCDWR staff,prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation
used for bank stabilization shall be limited to native riparian vegetation,and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also,rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream,but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage
requested. Once the stream has been turned into the new channel,it may be necessary to relocate stranded
fish to the new channel to prevent fish kills.[15A NCAC 02H.0506(b)(3)J
General Conditions
6. 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.

DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
7. 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)]
8. 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)]
9. 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]
10. 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)]
11. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT,including the applicable
requirements of the NCGO10000. Please note the extra protections for the sensitive watersheds.
12. 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)]
13. 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)]
14. 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)]
15. 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)]
16. 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.[1SA NCAC 02H.0506(b)(3)]
17. 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)]
18. 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]
19. 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)]
20. 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)]

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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. 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)]
23. 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)]
24. 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)]
25. 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)]
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)1
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. 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 the NCDWR. If this condition is unable to be met due to bedrock or other
limiting features encountered during construction,please contact the 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)]
29. 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)J
30. 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.
31. 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)]
32. 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

DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
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.
33. 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)J:
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.
34. 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)J
35. 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)J
36. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return 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)J
37. 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)J
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

DocuSign Envelope ID:9C225C3C-AC4B-484B-85B6-52D5E88A2AEF
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
This the 22nd day of September,2021
DIVISION OF WATER RESOURCES
,-DocuSigned by:
-9C9886312DCD474...
S.Daniel Smith,Director
WQC No. WQC004465