20190370 Ver 1_Approval Letter_20190408

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ROY COOPER
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MICHAEL S. REGAN
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IINDA CULPEPPER
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Enrfronmentaf Quallty
April 8, 2019
Onslow County
NCD W R Project No. 20190370
TIP No.U-4906
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Dear Mc Hemdon:
You have our approval, in accordance with [he conditions listed below, for the following impacts for [he purpose of
widening Gum Branch Road (SR 1308) from Mills Fields Road (SR 1313) to east of Ramsey Road (SR 1324) and
improve the intersec[ions of Gum Branch Road and Cow Horn Road, Quaker Bridge Road, Mendover Dive and
Ramsey Road in Onslow Coun[y:
Stream Im acts in the White Oak River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Fill in Stream Impac[s
Intermitten Intermittent Perennial Perennial Impact Requiring
t Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) Qinear ft) (linear ft) (linear ft) (linear ft)
Site 3 18 28 46
L 200 +46 to 201+04 LT/RT
(87" X 63" CAAP)
Site 3 25
L 200 +46 to 201+04 LT/RT
(87" X 63" CAAP) bank Stabilization
Site 4 Y5 11+g4 to 12+20 LT/RT 2 37 39
(87" X 63" CAAP)
Site 4 Y5 11+g4 to 12+20 LT/RT 18
(87" X 63" CAAP) bank stabilization
20 65 85
Total
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Wetland Im acts in. the White Oak River Basin
Site Fill Fill Excavation Mechanized Hand Area Total
(ac) (temporary) (ac) Clearing Clearing under Wetland
(ac) (ac) (ac) Bridge Impact
(ac) (ac)
Site 2 0.006 0.006 0.015 0.037 0.027
(L 164+70 to 165 + 91 RT)
Site 5 0.009 0.009
0.006 0.015 0.015 0.037 0.036
Total
Total Wetland lmpact for: 0.036 acres.
O en Water Im acts in the White Oak River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open
Open Waters (ac) Open Waters (ac) Waters (ac)
Site 1 0.026 0.003 0.029
Y2 14+50 to 18+12 RT/LT (30" RCP/48" RCP)
Site 1 0.071 � 0.004 0.075
Y2 14+50 to 18+12 RT/LT (4' STD/Lat Base
ditch; 12' STD Base ditch)
Site 1 0.003 0.002 0.005•
L 159 +33 to 159 +43 (48" RCP junction box)
Site 3 L 200 +46 to 201+04 LT/RT 0.014 0.006 0.020
(87" X 63" CAAP)
Site 4 Y5 11+94 to 12+20 LT/RT 0.005 0.009 0.014
(87" X 63" CAAP)
0.119 0.024 0.143
Total
Total Open Water Impact for: 0.143 acres.

The project shall be constructed in accordance with your application dated received March 25, 2019. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application. Should your project change,
you must 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
total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)
(6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification
and any additional conditions listed below.
Condition(s) of Certification:
Project Specific 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. The excavation of utility trenches within wetlands shall limit the mixing of the topsoils and subsoils.
During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil
excavated from the utility trenches will be piled separately from the subsoils and will be backfilled into
the trench only after the subsoils have been placed and compacted. The applicant shall have a specific
plan for restoring the wetland contours. Any excess material will be removed to a high ground disposal
area. { 15A NCAC 02H.0506 (b)9@0 and (c)(2)]
General Conditions
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 pertnit modification will be required. [15A NCAC 02H.0506(b)(2)]
4. 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)] �

5. 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)]
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 02B.0200]
7. 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)]
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. 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)]
10. 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)]
11. 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)]
12. 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)]
13. 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)]
14. 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)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
16. 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]
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. 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
(�)(2)l

19. T'he outside buffer, wetland or water boundary located within the construction wrridor approved by this
authori7ation 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]
20. The issuance ofthis certification dces not exempt the Pertnittee 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.
21. 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)]
22. 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(�]
23. 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 02B.0231(ax6)]
24. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
pertnit without appropriate modification. Should waste or bortow sites, or access roads to waste or borrow
sites, be Iceated 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)]
25. 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 Contro[ 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 requiremenu specified in the most recent version of
the North Carolina Sedrment and Erosion Control Manual. T'he devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contracrorowned 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
Minrng Manval.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements ofthe Sedimentation Pollution Control Act.
26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [ l5A NCAC 02H.0506(b)(3) and (cx3)]
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 form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is consideced
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 of the 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 Office of
Administrative Hearings within five (5) business days following the fa�ced transmission.

The mailing address for the Office of Administrative Hearings is:
Oftice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (9I9) 431-3000, Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Emironmental Quality
1601 Mail Service Cen[er
Raleigh, NC 27699-I601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Joanne Steenhuis at [phone] [e-mail].
Sincere ,
�v/ •
Linda Culpe per, Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Anneliese Westphal, Division 3, Emironmen[al Specialis[ II
Cathy Brittingham, NC Division of Coastal Managemen[
Joanne Steenhuis, NC Division of Water Resoorces Wilmington Regional Office
File Copy