20161268 Ver 1_Approval Letter_20170605

Environmen ta!
Quality
June 5, 2017
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Developmen[ and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 2 7699-1 598
ROY COOPER
t;orrrna�
MICHAEL S. REGAN
.tierrvrru�r
S. JAY ZIMMERMAN
vnrcror
Subject: 401 Water Quality Certifica[ion Pursuan[ to Section 401 of [he Federal Clean Wa[er Act with
ADDITIONAL CONDITIONS for the proposed extension to Military Cutoff (SR 1409) and US 17
Hampstead Bypass in New Hanover and Pender Counties, TI P Nos. U-4751 and R-3300 (respec[ively).
NCDWR Project No.20161268
Dear Mr. Hartis:
Attached hereto is a copy of Certification No. WQ0041 16 issued to The North Cuolina Department of
Transportation (NCDOT) dated June 5, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
��
S. la Zimmerm� r
Y
Division of Wa[er Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, W ilmineton Field Office
Mason Hemdon, Division 3 Environmental Officer
Rodger Rochelle, NC Departmen[ of Transporta[ion
Chris Rivenbark. NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Pro[ection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Stephen Lane, NC Division of Coastal Management
Jason Elliott, NCDOi', Natural Environment Section
Beth Harmon, Division of Mitigation Services
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
- "�"Nathing Campares � �
State of North Carolina I Environmental Quality
I fil7 Mail Service Cenler I Ralzieh. Nonh Camlina 27699-1617

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 and 15A NCAC 2B. This certification authorizes the NCDOT to impact 60.52 acres of
jurisdictional wetlands, 8.27 acres of open waters and 1,891 linear feet of jurisdictional streams in New Hanover and
Pender Counties. The project shall be constructed pursuant to the application dated received December 21, 2016.
2017and subsequent information received on May 30, 2017. No impacts to R-3300 are being authorized at this
time. The authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Permanent Temporary Permanent Temporary Total
Permit Stream Lnpacts
1�11 in Fill in I+�11 in FYII in Stream
Drawing Requiring
Station From/To Intermittent Intermittent Perennial Perennial Lnpact
S ite 1Vfitigation
Number Stream Stream Stream Stream (linear (�inear ft)
I'n r ft linea ft line r ft lin ar ft f e
10 117+49-L-LT & RT 373 201 574 373
15 151+41-LrRT 303 58 361 303
18 166+73-LrLT&RT 231 19 250 0
25 199+05-IrLT&RT 251 16 267 251
27 205+35-211+16-L LT&RT 544 46 590 544
27
Streambank 14 14 14
29 212+90-213+'70-LrLT&RT 34 46 80 34
32 214+85-L-RT 36 33 69 36
34 223+72.58-224+45LrRT 32 37 69 32
36 42+74-42+78 Y8RPDB 200 56 256 200
LT&R'T
36
streambank 41 � 41 41
38 40+46-Y8-LT 43 10 53 43
40 18+68 Y18-LT 20 20 20
Total for U-
4751 231 19 1,891 �503 2,644 1,891
R 3300 Z'reliminary Proposed 3,167 8,733 11,900 8,733
Impacts
TOTAL: 3,398 38 10,624 503 14,544 10,624
Total Stream Impact for U-4751: 1,891 linear feet

Wetland imoacts in the Cane Fear River Basinx (Site 1 is in White Oak River Basin)
Permit Fill Fill Hand Total
Drawing Wetland F�ecavation Mechanized Wetland
Site Station From/To ,I,� (Permanent) (temporary) � � g � � Clearing �
Number (ac) (ac) ac Clearin ac �a�� Im j t
ac
1* 27+77-28+11-IrRT NR ' 0.002 0.009 0.01
1a* 11+15-15+20Y1RPDLT&RT NR 1.114 0.097 1.21
2 20+16-24+68 Y1RPB LT&RT NR 0.257 0.054 0.024 034
3 52+3-63+29-LrLT&RT I�TR 5.02 0.256 5.28
4 63+20-77+3-IrLT&RT NR 6.02 0.302 6.32
5 84+90-85+68-IrLT � NR 0.0001 0.00
15 15+41-IrRT NR 0.006 0.062 0.023 0.09
16 151+41-165+59-LrLT&RT NR 5.715 0.314 6.03
19 165+51-168+79-IrLT&RT NR 0.506 0.011 0.52
21 169+92-180+39-IrLT&RT NR 4.087 0.312 4.40
23 177+13-198+17-L-LT&RT NR 6.425 0.018 0.4 6.84
24 27+55-31+96 SR4-LT NR 0.028 0.043 0.07
26 15+94-29+38 Y8RPDB NR 10.827 1.159 11.99
28 208+35-214+86-L-LT&RT . NR 4.604 0.006 0.511 5.12
33 216+46-225+15-IrLT&RT NR 5.759 0.424 6.18
37 4+04.6-62+90I'8RPCA _� 4.966 0.051 0.967 5.98
LT&RT
39 112+37-120+651'8 LT NR 0.045 0.082 0.13
41 37+46-39+65 Y8 LT NR 0.01 0.01
Total for 5538 0.00 0.19 4.94 0.00 60.52
U�751
R 3300 Preliminary Proposed Impacts 155.86 155.86
Total 211.24 0.00 0.19 4.94 0.00 216.38
Total Wetland Impact for U-4751: 60.52 acres.

Open Water Impacts in the Cape Fear River Basin *(Site 1 is in the White Oak River Basin)
Permit . Permanent F5ll in Temporary FYII in Total I�II in Open
Drawing Site Station Number From/To Open Waters (ac) Open Waters (ac) Waters (ac)
Number
lb* 15+20-15+29 -Y1RPD LT&RT 0.03 0.01 0.03
6 110+42-L LTBcRT 0.21 0.03 0.23
6a Streambank OA1 0.01
7 14+05 Y4 LT&RT 0.16 0.16
8 110+41-117+49-Lr LT 0.47 0.47
9 112+57-116+35-LrRT 0.51 � 0.51
10 117+49-LrLTBzRT 0.34 0.19 0.53
11 118+15-217+87-L-LT 0.28 0.28
12 120+35-127+74URT 0.70 0.70
13 126+00-126+50-LrLT 0.01 0_O1 0.01
14 124+39-145+48-LrRT 2.05 0.02 2.07
15 151+41-L-RT 0.15 0.02 0.17
17 166+32-L-LTBzRT 0.06 0.00 0.06
18 166+73-L,-LTBcRT • 0.07 0.01 0.08
20 163+73-L.-LTBcRT 0.11 0.11
22 175+00-184+16-L,�LTBzRT 0.98 0.02 1.00
23 177+13-198+17-LrLT&RT 0.42 0.04 0.46
25 199+05-L,-LTBcRT 0.12 • 0.01 0.12
27 205+35-211+16-LrLT&RT 0.25 0.02 0.27
2�a 0.01 0.01
Streambank
29 212+90-213+70-LrRT 0.00 0.02 0.02
30 26+22-30+19 YSRPGLT&RT 0.14 0.01 0.14
30a
Streambank 0.01 0.01
31 215+61.5-LrLTBcRT 0.08 0.01 0.09
32 214+85-LrRT 0.01 0.02 0.02
34 223+72.58-224+45-L,-RT 0.01 0.01 0.03
35 • 33+79 Y8RPDB-LT 0.19 0.00 0.19
35a 0.00 0.00
Streambank
36 40+74-42+7g I'8RPDB LT&RT 034 0.04 038
36a 0.02 0.02
Streambank
38 40+46-Y8-LT 0.01 0.02 0.04-
40 18+68-Y18-LT 0.06 0:06
Total for iH 7,76 0.51 8.27
4851
R 3300 Pro osed im acts 2.56 2.56
TOTAL 10.32 0.51 10.83
Total Open Water Impact for U-4751: 8.27 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin and the White Oak River Basins 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
December 21, 2016 and subsequent information received on May 30, 2017. 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 one acre or 150
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.
Condition(s) of Certification:
Project Speci�c Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and essential staff
understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)]
2. 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)]
3. 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)]
4. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as
to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer
impact for access to stream channel shall be temporary and be revegetated with native riparian species.
[15A NCAC 02H.0506(b)(2)]
5. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is
not a concern, shall not be buried. These pipes shall be installed at natural ground elevation. )[15A
NCAC 02H.0506(b)(2) and (b)(3)]
6. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishmerit of permanent herbaceous cover, erosion control matting shall be
used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and
on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the
area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches,
basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes
of.native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,
which can impinge and entrap small animals. For the establishment of temporary groundcover within
riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-
and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
7. When final design plans are completed for R-3300, a modification to the 401 Water Quality
Certification shall be submitted with five copies and fees to the NC Division of Water Resources.
Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to
wetlands, streams, and other surface waters, and buffers. No construction activities that impact any
wetlands, streams, surface waters, or buffers located in R-3300 shall begin until after the permittee
applies for, and receives a written modification of the 401 Water Quality Certification from the NC
Division of Water Resources. [15A NCAC 02H. 0506(b)]

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 down
stream 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 02B.0200] �
10. 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)]
11. 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)]
12. 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)]
13. The Permittee shall ensure that the fnal 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�)i2)�
14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
19. 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]
20. 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)]

21. 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)]
22. 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]
23. 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.
24. 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)]
25. 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( fl]
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 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. 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.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
30. Compensatory mitigation for 1,891 linear feet of impact to streams is required. We understand that
you have chosen to perform compensatory mitigation for impacts to streams through the Division of
Mitigation Services (DMS), and that the DMS has agreed to implement the mitigation for the project.
The DMS has indicated in a letter dated December 5, 2016 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010.
31. Compensatory mitigation for impacts to 60.52 acres of non-riverine wetlands is required. We understand
that you have chosen to perform compensatory mitigation for impacts to wetlands through the Northeast
Cape Fear Umbrella Mitigation Bank, and that the bank has agreed to implement the mitigation for the
project. The Northeast Cape Fear Umbrella Mitigation Bank has indicated in a letter dated December 6,

2016 that [hey will assume responsibiliry for satisfying the Federal Clean Water Act compensatory
mitigation requirements for the above-referenced project.
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 aze 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.
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 fortn from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within si7cty (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 tivough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe 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 O�ce of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Heazings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 4313100
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
Raleigh, NC 27699
This the 2nd day of June 2017
DIVISION OF WATER RESOURCES
� �w
S. Jay Zimmerman, irector
WQC No.WQ004116

Environmental
QUQhty
NCDWR Projec[ No.: 20161268
County: New Hanover
Applicant: NC DOT c/o Mr. Phillin S. Harris 111, P.E., CPM (Division 3)
Project Name: U-47g1 Mili[arv Cutoff Extension
Date of Issuance of 40I Wa[er Quali[y Certifica[ion: June 5, 2017
PAT MCCRORY
co� cmor
DONALD R. VAN DER VAART
tiecretnrp
JAY ZIMMERMAN
uN �c Direcn,r
Certifica[e of Comple[ion
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 certificare to the 401 Transportation Permitting
Unit. North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1 6 1 7. This fonn
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 ofthese.
Applicanl's Certificnlio�i
I, , hereby s[ate [ha[, to the best oFmy abilities, due care and diligence
was used in [he observa[ion of [he co�s[ruction such tha[ [he cons[ruction was observed ro be built within substantial
compliance and intent ofthe 401 Warer Quality Certitication and Buffer Rules, the approved plans and
specifica[ions, and olher supporting ma[erials.
Signature: Date:
Agent's Cer�ificutiox
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that the construction was observed ro be built within substantial
compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certificatrnrr
Partial Final
I, , as a duly registered Professional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby sta[e tha[, to [he bes[ of my abilities, due care and diligence was used in the observation of the
construction such tha[ the construction was observed to be built within substantial compliance and inren[ ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and odier supporting materials.
Signature
Date
Registration No.
"Nothing Compares :- �
Stale o(North Carolina I Envimnmental Quahq�
161 I Mad Serv�cr Center I Ralrigh, North Carolino 27699-161 I
919-7U7A0(Nl