20220880_I-3306A_GenCert_8-17-22

DocuSign Envelope ID: EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
c STATE aF
f
y
ROY COOPER _ A
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 17,2022
Orange County
NCDWR Project No.20220880
NCDOT TIP Project: I-3306A
Widening of I-40 from US 151501 to I-85
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr.Michael Turchy—Environmental Coordination and Permitting(ECAP)Group Leader
North Carolina Department of Transportation
1000 Birch Ridge Drive
Raleigh,North Carolina 27610
Dear Mr. Turchy:
You have our approval, in accordance with the conditions listed below, for the following impacts regarding the
proposed widening of I-40 from US 151501 to I-85 in Orange County to the Durham County line with four interchange
modifications,including the I-40/NC86 Interchange.
Stream Im acts in the Neuse River and Cape Fear River Basin
Permanent Fill in Temporary Fill in in Total Stream Stream Impacts Requiring
Site Perennial Stream Perennial Stream Impact Mitigation(linear ft)
(linear ft) (linear ft) (linear ft)
1 0 67 67
2A 63 10 73
2B 39 10 49
3A 52 10 62
3B 63 79 142
3C 40 10 50
3D 31 10 41
4A 60 16 76
4B 50 10 60
6 40 12 52
7A 70 29 99
713 40 8 48
8 21 11 32

DocuSign Envelope ID:EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
Permanent Fill in Temporary Fill in in Total Stream Stream Impacts
Site Perennial Stream Perennial Stream Impact Requiring Mitigation
(linear ft) (linear ft) (linear ft) (linear ft)
9A 60 10 70
9B 65 20 85
10A 0 54 54
lOB 34 10 44
10C 18 45 53
11 26 33 59
12 42 21 53
13 0 15 15
14A 38 166 204
14B 54 28 82
15 0 25 25
16A 43 10 53
16B 47 15 62
16C 46 13 59
17 20 10 30
18 30 10 40
19A 40 6 46
19B 54 4 58
20A 47 12 59
20B 42 13 55
21A 34 40 74
22 10 10 20
23A 33 22 55
23B 57 4 61
25A 39 18 57
25B 0 10 10
27 20 0 20
E Q�� 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
NORTH CAROLINA �
Department of wrommadalouaifty r 919.707.9000

DocuSign Envelope ID:EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
Permanent Fill in Temporary Fill in in Total Stream Stream Impacts
Site Perennial Stream Perennial Stream Impact Requiring Mitigation
(linear ft) (linear ft) (linear ft) (linear ft)
28A 23 14 37
28B 34 45 79
29 17 20 37
30A 47 35 82
30B 76 10 86
31 34 5 39
32 12 15 27
Totals 1,735 1,050 2,785
Total Stream Impacts: 2,785 linear feet
Wetland Impacts in the Neuse River and Cape Fear River Basin
Site Perm.Fill Excavation Mechanized Total Wetland Impacts Requiring Mitigation
(ac) (ac) Clearing(ac) Impact(ac) (ac)
1 0.017 0.017 0.017
2B 0.037 0.037 0.037
3B/WB 0.003 0.04 0.043 0.043
3B/WC 0.01 0.01 0.01
4 0.0004 0.018 0.0184 0.0184
5 0.001 0.004 0.008 0.013 0.013
7A 0.04 0.01 0.057 0.107 0.107
7B 0.009 0.006 0.083 0.098 0.098
16B 0.01 0.009 0.019 0.019
19A 0.0003 0.03 0.0303 0.0303
21B 0.007 0.013 0.011 0.031 0.031
24 0.005 0.005 0.005
25A 0.001 0.01 0.011 0.011
26 0.001 0.003 0.004 0.004
28A 0.05 0.05 0.05
30C 0.01 0.03 0.04 0.04
E Q�� 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
NORTH CAROLINA �
Department of wrommadalouai� r 919.707.9000

DocuSign Envelope ID: EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
Totals 0.07 0.10 0.36 0.53 0.53
Total Wetland Impacts: 0.53 acres
This approval is valid solely for the purpose and design described in your application dated June 28, 2022. After
reviewing your application,we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the General Permit 50 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. No other impacts are approved, including incidental impacts. [15A
NCAC 02H .0506(b)]The permittee shall report to DWR any noncompliance with, 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.
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 perennial 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). For this approval to remain valid,you must adhere to the conditions
listed in the General Certification 4135,and any additional conditions listed below.
Conditions of Certification:
Project Specific Conditions
1. 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 the NCDWR.
If this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the 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)].
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.
[I 5A 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. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5. 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)]
E Q�� 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
NORTH CAROLINA �
Department of wrommadalouaifty r 919.707.9000

DocuSign Envelope ID:EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
6. For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters(HQW),or Water Supply I or II(WSI,WSII)stormwater shall be directed to vegetated buffer areas,grass-
lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. The permittee is required to use Design Standards in Sensitive Watersheds(15A NCAC 4B.0124[a]-[e])in areas
draining to WS-I, WS-II, and HQW waters. However, due to the size of the project, the NCDOT shall not be
required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres.
8. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements
of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
9. Compensatory mitigation for impacts to 0.20 acres of wetlands in the Cape Fear River Basin 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 June 21, 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.
10. Compensatory mitigation of 0.33 acres for the approved wetland impacts in the Neuse River Basin shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to protected
wetlands through purchase of 0.33 Mitigation credits from the Pancho Wetland Mitigation Bank, operated by
EBX. Mitigation for unavoidable impacts to wetlands shall be provided in the Cape Fear River Basin and done
in accordance with [15A NCAC 2H.0506(h)]. The mitigation bank has indicated in a letter dated February 21,
2018 that they have available credits for satisfying the compensatory mitigation requirements for the above-
referenced project. No impacts to wetlands can occur until NC Division of Water Resources receives a copy of
payment receipt for these credits purchased from the wetland Mitigation Bank.
General Conditions
1. 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]
2. 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. [I 5A NCAC 02H.0506(b)(2)]
3. 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)]
4. 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)]
5. 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)]
6. 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)]
7. 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)]
E Q" 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
NORTH CAROLINA �
oewemmEnwmnmemeioai1 r 919.707.9000

DocuSign Envelope ID:EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydro seeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
12. 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)]
13. 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)]
14. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization
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]
15. 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.
16. 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)]
17. Upon completion of the project(including any impacts at associated borrow or waste sites),NCDOT project engineer
(or appointee) 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(f)]
18. 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)]
19. 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.
E Q�� 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
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID:EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
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.
20. 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)].
21. 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]
22. 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. All devices shall be maintained on
all construction sites,borrow sites,andwastepile(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.
23. 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.
24. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs),SA,Trout,WS-1,WS-11,High
Quality Waters(HQW),Outstanding Resource Waters(ORW), or 303(d) Impaired Waters,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 4135].
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 considered filed when
it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, 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 faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone:[phone],Facsimile: [phone]
E Q�� 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
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: EBA7D2CC-FEOB-4F5B-9D74-4053BFD7963B
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
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 Ryan Conchilla at ryan.conchillagncdenr.gov.
Sincerely,
ocu (e1d by:
VS'
Ric //��D Sign
d�e�b��'3'r:,Director
Division of Water Resources
Electronic copy only distribution:
David Bailey,US Army Corps of Engineers,Raleigh Field Office
Jerry Parker,Division 7 Environmental Supervisor
Beth Harmon,Division of Mitigation Services
Erin Davis,NCDWR Mitigation Bank Coordinator
E Q�� 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
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000