20211126 v.2 IC approval letter

DocuSign Envelope ID: F6FCODFE-A173-464F-8DC8-D78061D819D5
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Enlri'ronmertfrrl Qualify
October 6, 2022
Mr. Chris Rivenbark
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for geotechnical borings associated with the proposed replacement of
Bridge No. 7 over the Alligator River on US 64 in Tyrrell and Dare Counties, TIP HB-0001.
NCDWR Project No. 20211126 v.2
Dear Mr. Rivenbark:
Attached hereto is a copy of Certification No. WQC005142 issued to The North Carolina Department of
Transportation (NCDOT) dated October 6, 2022.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
Ric ai4�8i's�; Jr., Director
Division of Water Resources
cc:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Greg Daisey, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Paul Williams, NCDOT, Division 1
Beth Harmon, Division of Mitigation Services
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
D— E North Carolina Department of Environmental Quality I Division of Water Resources
n« �� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: F6FCODFE-A173-464F-8DC8-D78061D819D5
Modification to the 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 permanently impact 0.374 acres of wetlands and
0.04 acres of open water in Dare and Tyrrell Counties. The project shall be constructed pursuant to the application
dated received August 31, 2022. The authorized impacts are as described below:
Wetland and Open Water Impacts in the Pasquotank River Basin
Wetland
Wetland
Open
Site — HB-0001 corridor
Temporary (ac)
Mechanized
Water (ac)
Clearing ac
Original impacts approved under
0.021 *
--
0.04*
General Certification No. 4132
Impacts approved with this
0.353
--
modification
Total
0.374
0.04
*= impacts from test bores
The application provides adequate assurance that the discharge of fill material into wetlands and waters associated
with the proposed activity 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 August
31, 2022. Should your project change, you are required to notify 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 -tenth of one 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.
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 regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
Condition(s) of Certification:
1. This Certification is associated with the Nationwide Permit 6 issued by the Corps of Engineers.
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
an— a L " �� 919.707.9000

DocuSign Envelope ID: F6FCODFE-A173-464F-8DC8-D78061D819D5
2. 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.
3. 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)]
4. Compensatory mitigation for impacts to 0.343 acres of 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 a letter dated August 29, 2022 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. [15A NCAC 02H .0506(c)]
5. Additionally, restoration of 0.010 acres of disturbed wetlands immediately adjacent to Old Ferry Landing Road is
required. This area shall be restored to natural grade and revegetated with appropriate native species. [ 15A NCAC
02H .0506(c)]
6. 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)]
7. 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)]
8. 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]
9. 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)]
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or
within wetlands. [ 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
11. 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. The North Carolina Department of Transportation (NCDOT) shall be required to be in
full compliance with the conditions related to construction activities within the most recent version of their
Individual NPDES Stormwater Permit Number NCS000250. [15A NCAC 02H.0506(b); 15A NCAC 02B.0200;
15A NCAC 02B.023I]
12. 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. [ 15A NCAC 02H.0506 (b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0231 ]
13. 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
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
an- a L " �� 919.707.9000

DocuSign Envelope ID: F6FCODFE-A173-464F-8DC8-D78061D819D5
within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24
hours. [15A NCAC 02H.0507(c); N.C.G.S. 143-215.85(b)]
14. 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. [15A NCAC 02h.0506(b); 15 NCAC 02H.0507(c)]
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)]
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. 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. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. 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 approval and its conditions are final and binding unless contested [G.S. 143-215.5]. 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 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].
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
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
an— a L " �� 919.707.9000

DocuSign Envelope ID: F6FCODFE-A173-464F-8DC8-D78061D819D5
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 the 6' day of October, 2022
DIVISION OF WATER RESOURCES
DocuSigned by:
Richar 9'is°,°�'r.',4Director
WQC No. 005142
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
an— a L " �� 919.707.9000