20191300 Approval Letter v.2

DocuSign Envelope ID: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Mason Herndon
Project Development Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
NORTH CAROLINA
Environmental Quality
September 2, 2022
DWR # 20191300 v.2
New Hanover County
Subject: RE -ISSUE OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT U-5710A, New Hanover County.
[UT to Bradley Creek, White Oak River Basin, SC;HQW]
Dear Mr. Herndon:
You have our approval for the impacts listed below for the purpose of constructing a northwest
quadrant connection between US 74 (Eastwood Road) and SR 1409 (Military Cuttoff Road at Drysdale
Drive) in New Hanover County. The project shall be constructed in accordance with your application
dated received by the Division of Water Resources (Division) on August 29, 2022. These impacts are
covered by the attached Water Quality General Certification Number 4135 and the conditions listed
below. This certification is associated with the use of the Regional General Permit Number 50 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)]
Stream Impacts in the White Oak River Basin
Site
Permanent
Temporary
Permanent
Temporary Fill
Total Impacts
Fill in
Fill in
Fill in
in Perennial
(if)
Intermittent
Intermittent
Perennial
Stream (1f)
Stream 1
Stream 1
Stream 1
Site 2
372
---
---
---
372
19+50 to
23+68.78-L
Site 2 (Channel
91 *
25
---
---
116
Improvements)
Site 2
62**
9
---
---
71
(Channel
Relocation
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: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
Total 1 525 1 34 1 --- I --- I559
Total Stream Impacts for Project: 559 linear feet (4061f)
*channel improvements to correct vertical stream banks and removing sediment prohibiting positive flow
(not considered a loss)
**channel relocation to align the stream to an existing stream where a culvert is shown for planned
development
Wetland Impacts in the White Oak River Basin
Site
Fill
Fill
Excavation
Mechanized
Hand Clearing
(ac)
(temp
(ac)
Clearing (ac)
(ac)
orary
ac
Site 1
0.038
---
---
0.007
0.045
15+80 to 16+30-L
Total
0.038
---
---
0.007
0.045
Total Wetland Impacts for Project: 0.045 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 total wetland fills for this
project (now or in the future) exceed one -tenth of an acre, or of total impacts to perennial streams (now
or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7).
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 DWR Transportation
Permitting Branch 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.
Conditions of Certification:
Project Specific Conditions
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.
2. 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)
3. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and
entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencoiemiraamentalWari /� 919.707.9000

DocuSign Envelope ID: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
stakes of native trees. Riparian areas are defined as an area that is adjacent to a body of water. [15A
NCAC 02B. 0220]
4. 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)
5. 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)]
6. 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)]
7. For the 34 linear feet of 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)]
General Conditions
8. 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)]
9. 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 0213.0200]
10. 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.
NORTH CAROHNAD_E Qom;
Depa haent at Emiranmentai Waiity
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
[15A NCAC 02H.0501 and .0502]
11. 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)]
12. 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)]
13. 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)]
14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. 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]
a. 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.
b. 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.
c. 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
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencoiemiraamentalWari /� 919.707.9000

DocuSign Envelope ID: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
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-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 41351
19. 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)]
20. Erosion control matting in riparian areas shall not contain a plastic or nylon 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 0213.0201]
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. 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)]
23. 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)]
24. 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
MDI©I
25. 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)]
26. 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)]
27. 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
D EQ �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencoiemiroomenmiu­r� /� 919.707.9000

DocuSign Envelope ID: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
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)]
28. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
29. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCG01000.
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 0213.0200]
31. 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)]
32. 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)]
33. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete 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)]
34. 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)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.51. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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
D North Carolina Department of Environmental Quality I Division of Water Resources
EQ ��
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencoiemiroomenmiu­r� /� 919.707.9000

DocuSign Envelope ID: 2095AF33-5CCD-4A59-BC5C-BFC21 B6DE2F0
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 (919) 431-
3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Hannah Sprinkle at [e-mail] if you have any questions
or concerns.
Sincerely,
Lned by:
rr3&z Wk,.Jr•, Director
Division of Water Resources
cc:
Brad Shaver, USACE Wilmington Regulatory Field Office (via email)
Sean Farrell, Division 3 Environmental Officer
Cathy Brittingham, NC Division of Coastal Management
Stephen Lane, NC Division of Coastal Management
Beth Harmon, Division of Mitigation Services
Hannah Sprinkle, NC Division of Water Resources Wilmington Regional Office
File Copy
NORTHCAROLINAD_E Q�I
Depa haent at Emiranmentai Waiity
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000