20211736 Ver 1_Approval Letter_20220128

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 28, 2022
DWR # 20211736
New Hanover County
City of Wilmington
Attn: Anthony Caudle
P.O. Box 1810
Wilmington, NC 28402
Subject: Approval of Individual 401 Water Quality Certification
City of Wilmington — Hawks Bill Drive Embankment Roadway Repairs
USACE Action ID. No. SAW-2021-00608
Dear Mr. Caudle:
Attached hereto is a copy of Certification No. WQC004619 issued to Anthony Caudle and the City of
Wilmington dated January 28, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this Water
Quality Certification. If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
D �� North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH OAROLINA i
o.nv�.m m n..I: v 919,707,9000

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 2 of 9
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification 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.
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
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].
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 Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-0303 or [e-mail] if you have any
questions or concerns.
Sincerely, DocuSigned by:
Msti�llk 5x4.dUj &`-'4�S-
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
cc: Jeffrey Troutman, agent (via email)
Greg, Currey, USACE Wilmington Regulatory Field Office (via email)

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 3 of 9
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004619 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and
15A NCAC 02B .0200, to Anthony Caudle and the City of Wilmington, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources (Division)
on November 30, 2021, and by Public Notice issued by the Division of Coastal Management on December 5,
2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and the
applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions hereinafter
set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
Embankment Fill
0.05 (acres)
N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the
permitted bulkhead.
Citation:15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)]
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall
not be used.
Citation: 15A NCAC 02H. 0506-(b)(l)-(3)
Concrete construction materials used for bulkhead components, such as deadman anchors, tie -back
systems and concrete caps, shall be managed in a manner that prevents contact with waters of the
State. A dry work area shall be maintained to prevent direct contact between curing concrete and
adjacent surface 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. Any
water that contacts uncured concrete shall be captured, treated, and disposed of properly.
Citation :15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 5 of 9
4. All wetlands impacted by the placement of temporary fill, matting or clearing activities shall be
restored to the preconstruction contours and elevations. The impacted areas shall be revegetated
with appropriate native species including woody species.
Citation: 15A NCAC 02H .0506(b)(2)
5. Due to the possibility that compaction and/or other site alterations might prevent the temporary
wetland impact area from re -attaining jurisdictional wetland status; the permittee shall provide an
update on the wetland areas temporarily impacted by the temporary on -site detour. 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.
Citation: 15A NCAC 02H.0506(b)(2) and (b)(3)
6. The permittee shall report to the DWR 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
9. 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.
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 North Caroline
Department of Transportation Sediment and Erosion Control Manual.

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 6 of 9
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.
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.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-
II, 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 Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 028.0231
10. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a manner
that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed
within wetlands shall be removed from wetlands and the natural grade restored within two (2)
months of the date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231
13. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. If the width of the culvert is wider than the stream
channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the
natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they
receive only flows above bankfull.

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 7 of 9
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for
culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for
aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be
provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is
discovered during construction, then DWR shall be notified by phone or email within 24 hours of
discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
14. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent practicable
(e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering streams or
wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
16. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 8 of 9
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
17. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
18. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance
Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance
shall be performed in a manner to prevent, to the maximum extent practicable, contamination of
surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
22. In accordance with 143-215.85(b), the permittee 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 within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)

DocuSign Envelope ID: 01 712CE3-1348-49CE-AC1 3-CD92832595C8
City of Wilmington -Hawks Bill Drive Embankment Roadway Repairs
DWR# 20211736
Individual Certification #WQC004619
Page 9 of 9
23. The permittee and their authorized agents shall conduct all 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
24. 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 Water Quality Certification. A copy of this Water Quality Certification shall be available at the
project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 28t" day of January 202
DocuSigned by:
Msti�llk 5x4.dUj "". -
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
MSK/hs