20210927 Ver 1_Approval Letter_20211122

DocuSign Envelope ID: EC148406-02DE-4349-BEF4-F874F2AD3F7D
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ROY COOPER ~ �J �
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Governor
ELIZABETH S. BISER N 0 RT H CAROLI N A
Secretary ErrOrtiorrmerttal Quality
S. DANIEL SMITH
Director
November 22,2021
Mr. George Radford
Environmental Affairs Department
Marine Corps Air Station Cherry Point
PSC Box 8006
Cherry Point,NC,28533
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse Buffer
Authorization with ADDITIONAL CONDITIONS for proposed improvements to the Slocum Road Entry
Control Facility,MCAS Cherry Point in Craven County,Project P134.
NCDWR Project No.20210927
Dear Mr. Radford:
Attached hereto is a copy of Certification No. WQC004543 issued to the United States Marine Corps,Marine Corps
Air Station Cherry Point dated November 22,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely.
,-DocuSigned by:
OM C_An,uywu4,n,
-9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Emily Thompson,US Army Corps of Engineers,Washington Field Office
Maria Dunn,NC Wildlife Resources Commission
Daniel Govoni,NC Division of Coastal Management
Kelly Williams,Division of Mitigation Services
Jason Hartshorn,Kimley-Horn,[e-mail]
Garcy Ward,NC Division of Water Resources,Washington Regional Office
File Copy
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:EC148406-02DE-4349-BEF4-F874F2AD3F7D
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER AUTHORIZATION 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 MCAS to impact 6.13 acres of
jurisdictional wetlands,242 linear feet of jurisdictional streams,and 43,224 square feet of riparian buffer in Craven
County. The project shall be constructed pursuant to the application received June 11,2021and additional
information dated received September 8,2021. The authorized impacts are as described below:
Stream Impacts in the Neuse River Basin
Permanent Stream Impacts
Site Type (linear ft) Requiring Mitigation
(linear ft)
7 Perennial 242 na
na=stream impacts<300 lf,mitigation not required
Wetland Impacts in the Neuse River Basin
Site Permanent
(ac)
1 1.13
2 0.01
3 2.32
4 2.51
6 0.01
7 0.10
8 0.05
Total 6.13
Total Wetland Impact for Project: 6.13 acres.
Open Water Impacts in the Neuse River Basin
Site Permanent(ac)
3 0.06
4 0.05
6 0.01
Total 0.12
Total Open Water Impact for Project: 0.12 acres
Neuse Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 pi Zone 2 minus =Zone 2 Zone 2
Impact Wetlands Buffers Buffer Impact Wetlands Buffers Buffer
(sq ft) in Zone 1 (not Mitigation (sq ft) in Zone 2 (not Mitigation
(sq ft) wetlands) Required (sq ft) wetlands) Required
(sq ft) (using 3:1 (sq ft) (using 1.5:1
ratio) ratio)
5 -- -- -- -- 285 -- 285 428*
6 848 508 340 1,020* 2,580 70 2,510 3,765*
7 16,228 4523 11,705 35,115 9,731 4 9,727 14,591
9 3,376 0 3,376 na 2,267 0 2,267 na
10 4,660 0 4,660 na 3,249 0 3,249 na
Total 25,112 5,031 20,081 36,135 J 18,112 74 18,038 18,784
Total Buffer Impact=43,224 square feet
na=allowable impacts associated with bridge,mitigation not required
*=non-perpendicular crossing road impacts,mitigation required

DocuSign Envelope ID: EC148406-02DE-4349-BEF4-F874F2AD3F7D
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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 June 11,
2021 and additional information dated received September 8,2021. 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 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. Compensatory mitigation for impacts to 6.13 acres of wetlands(5.97 ac riparian,0.16 ac non-riparian)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 a letter dated June 3,2021 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.
2. Compensatory mitigation for impacts to 12,045 square feet of protected riparian buffers in Zone 1 shall be
required at a 3:1 ratio and compensatory mitigation for impacts to 12,522 square feet of protected riparian buffers
in Zone 2 shall be required at a 1.5:1 ratio(see the buffer impact table). We understand that you have chosen to
perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of
Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers
shall be provided in the Neuse River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has
indicated in a letter dated June 3, 2021 that they will assume responsibility for satisfying the compensatory
mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking
Instrument signed June 14,2016.
3. The permittee will need to adhere to all appropriate in-water work moratoria(including the use of pile driving or
vibration techniques)prescribed by the NC Wildlife Resources Commission. No in-water work is permitted in
Slocum Creek between February 15 and September 30 of any year,without prior approval from the NC Division
of Water Resources and the NC Wildlife Resources Commission. In addition,the permittee shall conform to the
NCDOT policy entitled"Stream Crossing Guidelines for Anadromous Fish Passage(May 12, 1997)at all times.
General Conditions
4. 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.
5. An NPDES Construction Stormwater Permit(NCG010000)is required for construction projects that disturb one
(1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing
activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance
with the permit conditions including the erosion&sedimentation control plan,inspections and maintenance,self-
monitoring,record keeping and reporting requirements is required. [15A NCAC 02H.0506(b)(5)and(c)(5)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings

DocuSign Envelope ID: EC148406-02DE-4349-BEF4-F874F2AD3F7D
submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
7. 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 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)]
8. 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)]
9. 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)]
10. 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]
11. 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]
12. 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)]
13. 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)]
14. 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)]
15. 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]
16. 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.
17. 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.
18. 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.

DocuSign Envelope ID: EC148406-02DE-4349-BEF4-F874F2AD3F7D
19. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3)and(c)(3)]
20. Erosion control matting in riparian areas shall not contain a nylon or plastic 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. [15A NCAC 02B.0224,
.0225]
21. 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)]
22. Pursuant to 15A NCAC 2B.0714(11),temporary sediment and erosion control devices are not allowed in Zone 1
of the Neuse riparian buffer outside of the approved project impacts. Sediment and erosion control devices shall
be allowed in Zone 2 of the buffers provided that the vegetation in Zone 1 is not compromised and that discharge
is released as diffuse flow.Upon completion of construction the disturbed area shall be restored to preconstruction
topographic and hydrologic conditions and replanted with comparable vegetation within 2 months of when
construction is completed. At the end of 5 years any restored wooded riparian buffer shall comply with the
restoration criteria in Rule.0295(i)of this subchapter.
23. 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)]
24. 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)]
25. 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)]
26. 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.This condition can be waived with prior approval from the
NCDWR. [15A NCAC 02H.0506(b)(3)]
27. 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. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
28. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species
including woody species. [15A NCAC 02H.0506(b)(2)]
29. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.0714(9)]
30. Stormwater conveyances through the riparian buffer are allowable provided they do not erode through the riparian
buffer and do not cause erosion to the receiving waterbody and meet the other requirements specified in 15A
NCAC 2B .0714(9).
31. 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)]

DocuSign Envelope ID: EC148406-02DE-4349-BEF4-F874F2AD3F7D
32. 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 stream elevation,and streambank contours are restored and maintained. 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 in a manner that precludes aquatic life passage. [15A NCAC 02H.0506(b)(2)]
33. 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)(2)]
34. 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)]
35. 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)]
36. 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)]
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 02H.0506(b)(2)]
38. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular
maintenance activities including mowing.The area with non-maintained buffers shall be permanently revegetated
with native woody species before the next growing season following completion of construction. (15A NCAC
2B.0714)
39. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
40. 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)]
41. 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]
42. In accordance with 143-215.85(b),the applicant shall report any petroleum spill of 25 gallons or more;any spill
regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring
within 100 feet of surface waters;and any petroleum spill less than 25 gallons that cannot be cleaned up.
43. 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)]
44. The permitee 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)]
45. Upon completion of the project(including any impacts at associated borrow or waste sites), the permittee 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)]

DocuSign Envelope ID: EC148406-02DE-4349-BEF4-F874F2AD3F7D
46. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in
the construction and maintenance of this project,and shall provide each of its contractors and/or agents associated
with the construction or maintenance of this project with a copy of this Certification.A copy of this Certification,
including all conditions shall be available at the project site during the construction and maintenance of this
project. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
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 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 November,2021
DIVISION OF WATER RESOURCES
DocuSigned by:
9C9886312DCD474...
S.Daniel Smith,Director
WQC No.004543