20210539 Approval Letter

DocuSign Envelope ID: F171 E46E-6251-4AEC-AE80-4FAD0614A7A7 � STATE
11 ti
ROY COOPER
Governor t :1` o
ELIZABETH S.BISER } Win•,,ft, �_
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
June 22,2022
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 ADDITIONAL
CONDITIONS for proposed NC 24 Resiliency and Living Shoreline Project in Onslow County,TIP M-
0540A.
NCDWR Project No.20210539
Dear Mr.Harris:
Attached hereto is a copy of Certification No.004907 issued to The North Carolina Department of Transportation
(NCDOT)dated June 22,2022.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuS gned by:
an,
44.,,,k4.4.,
9C9886312DCD474...
Richard E.Rogers,Jr.,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Tom Steffens,US Army Corps of Engineers,Wilmington Field Office
Chris Rivenbark,NC Department of Transportation
Jason Dilday,NC Department of Transportation
Gary Jordan,US Fish and Wildlife Service
Travis Wilson,NC Wildlife Resources Commission
James A Harrison,NC Division of Marine Fisheries
Steven Lane,NC Division of Coastal Management
Cathy Brittingham,NC Division of Coastal Management
Hannah Sprinkle,NC Division of Water Resources Wilmington Regional Office
File Copy
North Carolina Department of Environmental Quality I Division ofWater Resources i = 093 512 North Salisbury Street 11617 Mail Service Center I Raleigh,,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: F171E46E-6251-4AEC-AE80-4FAD0614A7A7
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 0.22 acres of jurisdictional wetlands and
0.95 acres of open waters in Onslow County. The project shall be constructed pursuant to the application dated
received January 28,2022. The authorized impacts are as described below:
Wetland Impacts in the White Oak River Basin
Site Fill Fill Excavation Mechanized Hand Total Wetland
(ac) (temporary) (ac) Clearing Clearing Impact(ac)
(ac) (ac) (ac)
3 0.22* --- --- --- 0.22*
Total Wetland Impact for Project: 0.22 acres. *Impacts to Coastal Marsh
Open Water Impacts in the White Oak River Basin
Site Type Permanent Temporary Total Fill in
Fill in Open Fill in Open Open Waters
Waters (ac) Waters (ac) (ac)
3 Rock Sill 0.37 --- 0.37
3 Oyster 0.10 --- 0.10
Structure
3 Fill 0.48 --- 0.48
Total 0.95 --- 0.95
Total Open Water Impact for Project:95 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the White Oak
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 January
28,2022. 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 0.10 acre or 300 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.

DocuSign Envelope ID: F171E46E-6251-4AEC-AE80-4FAD0614A7A7
Condition(s)of Certification:
Project Specific Conditions
1. The impacts covered in this Individual Certification are associated with the Regional General Permit 291
issued by the Corps of Engineers.
2. If project is deemed unsuccessful,compensatory mitigation for impacts to 0.22 acres of coastal marsh has
been reserved from the Stella Bridge Mitigation Site.
3. For living shorelines,the sills shall have at least one eight-foot opening every 100 feet and may be
staggered or overlapped or left open as long as the separation between sections is maintained.Overlapping
sections shall not overlap more than 10 feet. [15A NCAC 02H.0506(b)(4)and(c)(4)]
4. For living shorelines,the permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area.
This shall include,but is not limited to,the immediate installation of silt fencing,turbidity curtains or
similar appropriate devices around all areas subject to soil disturbance.Additionally,the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act
of 1971. [15A NCAC 02H.0506(b)(4)and(c)(4)]
5. All backfill will consist of suitable,clean 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. [15A
NCAC 02H.0506-(b)(1)-(3)]
6. Approximately six(6)months after the installation of rock sill structure in waters,streams,and/or wetlands
the structure shall be inspected for erosional areas,headcutting,shifts or movement of rocks within sill
structure,etc. Eighteen(18)months after installation another visual inspection shall be conducted. Written
notification is required after these inspections;any problems found during inspections shall be documented
and the appropriate DWR Wilmington Regional Office staff member contacted to arrange a field visit. The
permittees(property owners)shall consult with the Regional DWR staff member to determine if a permit
modification is needed to correct the problem. The property owner and/or owners shall assume
responsibility of repairs and maintenance of rock sill structure. [15A NCAC 02H.0501 and.0502 and 15A
NCAC 02H.0506(b)(1)-(3)]
7. The permittee shall undertake compliance monitoring for five(5)full years from the date of
implementation or until the success criteria have been met,whichever is later. The permittee shall provide
monitoring reports to the DWR by December 31 of each monitoring year. [15A NCAC 02H.0507(c)]
8. If monitoring indicates that all or portions of the project are failing to meet one or more of the required
success criteria,the monitoring report must provide a remedial action plan to address the deficiency. The
remedial action plan,at a minimum,must describe the failure,the source or reason for the failure,a concise
description of the corrective measures that are proposed,and a timeframe for the implementation of the
corrective measures. [15A NCAC 02H.0507(c)]
9. If initial planting efforts fail and the project area must be replanted,the vegetative monitoring timeframe is
reset to year one. [15A NCAC 02H.0507(c)]
10. At the end of the 5th year of monitoring,the permittee shall notify the DWR in writing. If it is determined
that the project is failing,the permittee shall be given the opportunity to express their intentions in writing
regarding the future of the project. Should the permittee no longer wish to maintain the project pursuant to

DocuSign Envelope ID: F171E46E-6251-4AEC-AE80-4FAD0614A7A7
the marsh restoration/creation plan,at the permittee's expense,all construction materials and backfill shall
be removed for placement on approved upland disposal site. Pre-project elevations and contours shall be
restored to the affected area(s). [15A NCAC 02H.0507(c)]
11. SAVs have been determined to be present within the project area. The applicant shall avoid impacts to
SAVs wherever possible. [15A NCAC 07H.0208(b)-(a)(6)]
12. If activities must occur during periods of high biological activity(e.g. sea turtle nesting,fish spawning,or
bird nesting),then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. [15A NCAC 02H.0506(b)(2)and 15A NCAC 04B .0125]
13. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),
High Quality Waters(HQW),or Water Supply I or II(WSI,WSII)stormwater shall be directed to
vegetated buffer areas,grass-lined ditches or other means appropriate to the site for the purpose of pre-
treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers
is strongly discouraged.[15A NCAC 02B.0224 and 0225]
14. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT,including the applicable
requirements of the NCG010000. Please note the extra protections for the sensitive watersheds.
General Conditions
15. 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)]
16. 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.
17. 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)]
18. 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)]
19. No waste,spoil,solids,or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts(including temporary impacts)as authorized in the written approval from DWR;or beyond the
thresholds established for use of this Certification without written authorization. [15A NCAC 02H.0501
and.0502]
20. Fueling,lubrication and general equipment maintenance should not take place within 50 feet of a waterbody
or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3) and(c)(3) and 15A
NCAC 02B.0200(3)(0].
21. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint
of temporary or permanent impacts authorized under this Certification.Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02H.0501 and.0502]

DocuSign Envelope ID: F171E46E-6251-4AEC-AE80-4FAD0614A7A7
22. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.[15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A
NCAC 02B.023]
23. 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)]
24. 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.
25. 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 Watershed.[15A NCAC 02H.0506(b)(3)and(c)(3); GC 4135]
26. 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]
27. 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)]
28. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project
supervisor and essential staff understand the permit conditions and any potential issues at the permitted
site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and
(b)(3)]
29. 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([)]
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

DocuSign Envelope ID: F171E46E-6251-4AEC-AE80-4FAD0614A7A7
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 June 2022
DIVISION OF WATER RESOURCES
EDocuSigned by:
9C9886312DCD474...
Richard E.Rogers,Jr.,Director
WQC No. 004907