20231295 IC approval letter

nnrii,Qinn Fn\/PlnnP in. R97nR51F_3g59_dF77_RAAR_R359C'Rg7R3'ID
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Jay Johnson
NCDOT Division 2
1037 W.H. Smith Blvd
Greenville, NC 27835
NORTH CAROLINA
Enlrl'ronmertfrrl Qualify
November 1, 2023
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed shoreline stabilization along SR 1388 (Lola Rd) in Carteret
County.
NCDWR Project No. 20231295
Dear Mr. Johnson:
Attached hereto is a copy of Certification No. WQC006286 issued to The North Carolina Department of
Transportation (NCDOT) dated November 1, 2023.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
R ha�zP,ce��Director
Division of Water Resources
cc:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
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: B170B51F-3951-4E72-84AB-8352CB92833D
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 place rip -rap along 241 linear feet of eroding
shoreline along Cedar Island Bay in order to protect SR 1388 (Lola Rd) in Carteret County. The project shall be
constructed pursuant to the application dated received September 8, 2023. The authorized impacts are as described
below:
Open Water Impacts in the Neuse River Basin
Site
Open Water Permanent ac
SR 1388
0.11
The application provides adequate assurance that the discharge of fill material into wetlands and waters of the Neuse
River Basin in conjunction 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
September 8, 2023. 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 (c) (2) and (4).
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. 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. This Certification is associated with the Corps of Engineers Nationwide 13 permit.
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)]
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: B170B51F-3951-4E72-84AB-8352CB92833D
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts
(including temporary impacts). [15A NCAC 02H .0506; 15A NCAC 02H .0507(c)]
5. 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. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(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]
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 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 0413.0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3);
GC 4135]
9. 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. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
10. 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 02B.0201 ]
11. 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)]
12. 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
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: B170B51F-3951-4E72-84AB-8352CB92833D
area or be installed in a manner that precludes aquatic life passage. [I 5A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)]
13. 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 ]
14. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO1000.
15. 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]
16. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [I5ANCAC 02B.0506(b)(2)]
17. 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)]
18. 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.
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: B170B51F-3951-4E72-84AB-8352CB92833D
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
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 150B-23(a).
This the I It day of November, 2023
DIVISION OF WATER RESOURCES
DocuSigned/by:
�
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
WQC No. 006286
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