20211530_Approval Letter

DocuSign Envelope ID: 232CCA39-3B76-491A-8038-A15E0843F2B6
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 10, 2023
DWR # 20211530
TIP B-5156
Pender County
Mr. Jamie Lancaster
Environment Analysis Unit Head
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITONS
NCDOT B-5156, Replace Bridge No. 28 over Long Creek on NC 210 in Pender County.
Long Creek [Cape Fear River Basin, 18-74-55, C; Sw]
Dear Mr. Lancaster:
You have our approval for the impacts listed below for the purpose of replacing Bridge No. 28 over Long
Creek on NC 210 as described in your application dated received by the Division of Water Resources on
February 23, 2023. 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 Reginal
General Permit 201902350 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)]
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
Wetland Impacts in the Cape Fear River Basin
Site
Fill
Fill
Excavation
Mechanized
Hand
Total Impacts
(ac)
(temporary)
(ac)
Clearing (ac)
Clearing
(ac)
(ac)
(ac)
Site 1
1.174
0.692
---
0.038
0.198
0.246
Site 1
0.098
*utilities
---
---
---
---
0.098
Totals
0.692
---
0.038
0.198
0.344
1.272
Total Wetland Impact for Project: 1.272 acres
(permanent impacts: 0.928 ac)
*utilities included in total impacts *
Onen Water Impacts in the Cane Fear River Basin
Site
Permanent
Temporary
Total
Fill in Open
Fill in Open
(ac)
Waters ac
Waters ac
Site 1
---
0.007
0.007
Total
---
0.007
0.007
Total Open Water Impacts for Project: 0.007 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 1/10 acre, or total impacts to 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.
Additional 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)]
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
Compensatory mitigation for impacts to 0.930 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 February 21, 2023 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.
4. 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.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
[15A NCAC 02H.0501 and .0502]
5. 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)]
6. 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]
7. 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)]
8. 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)]
9. 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)]
10. 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)]
11. 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]
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.
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
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
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
d. 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
12. 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)]
13. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02B .0201]
14. 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)]
15. 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)]
16. 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.) where possible before entering the stream. To meet the
requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the
North Carolina Department of Transportation Stormwater Best Management Practices Toolbox
manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
17. 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)]
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
18. 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)]
19. 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)]
20. 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)]
21. 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. [15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)]
22. 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); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201]
23. 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
02H .0506(b)(3)]
24. 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)]
25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
26. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCG01000.
27. 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]
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
28. 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)]
29. 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)]
30. 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)]
31. 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 .OS07(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
forth in Chapter 150E 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).
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
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,
E
DOCUSign(e�d by:
1.�,(,L�PY1(A i�.
9C9886312DCD474_.
Richard E. Rogers, Jr., Director
Division of Water Resources
cc:
Thomas A. Steffens, USACE Washington Regulatory Field Office (via email)
Michael A. Turchy, NC Department of Transportation
Jason Dilday, NC Department of Transportation
Steven Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
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 Emiranmental Wality
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: 232CCA39-3B76-491A-8038-A15E0843F2B6
NCDWR Project No.:
County:
Applicant:
Project Name:
Date of issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
D E -QQ 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
NORM CAROLINA
oena�nentat Emi—mental a-lity r 919.707.9000