20150623 Ver 1_Approval Letter_20150826

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 26, 2015
Mr. Colin Mellor, Group Leader
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Donald R. van der Vaart
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 ofthe.Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed replacement of Bridge No. 1 16 on NC 24-210 (Rowan St.)
over CSX, Norfolk Southern Railroads, and Hillsboro St., and existing Culvert (No. C258) with
Intersection Improvements over Cross Creek in Cumberland County, Federal Aid Project No. BRNHS-
0024(24), State Project No. 33727.1.1, TIP B-4490.
NCDWR Project No. 20150623
Dear Mr. Mellor:
Attached hereto is a copy of Certification No. 004028 issued to The North Carolina Department of Transportation
(NCDOT) dated August 26, 2015.
If we car. b� of fur:her assistance, r�o ilei hesitaiz �a �ontact us.
Sincerely,
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S. Ja Zimmerma ,
Director, Division of Water Resources
Attachments
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
NC Division of Water Resources Raleigh Central Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
An Equal Opportunity 1 A�rmative Action Employer

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 40l 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 impact 903 linear feet of jurisdictional streams
in Cumberland County. The project shall be constructed pursuant to the application dated received June 24, 2015
and revisions received on August 25, 2015. The authorized impacts are as described below:
Stream Im acts in the Ca e Fear River Basin
Site Station Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Fill in Stream [mpacts
� Intermittent Intermittent Perennial Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
1 -L- 17+54 to 19+62 0 0 167 7 174 167
1 -Y3- 20+40 to 26+10 0 0 541 0 541 541
1 -Y3- 26+10 to 26+47 0 0 0 37 37 0
1 -L- 18+00 LT 0 0 88* 0 88'' 88"
2 -L- 35+75 0 0 63 0 63 0
Total 0 0 859 44 903 796
Total Stream [mpact for Project: 903 linear feet
*denotes bank stabilization
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin 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 appiication and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received June 24,
2015 and revisions received on August 25, 2015. Should your project change, you are required to notify the
NCDWR and submit a new application. If the properiy 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. [f 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 Specific Conditions
l. As a condition of this 401 Water Quality Certification, the culvert 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)]

2. 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. [ 1 SA NCAC 02H .0506(b)(3)
3. 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. [1�A NCAC 02H.0506(b)(2)]
4. Native material shall be placed inside of the reinforced concrete box culvert at Permit Site 1 to create a
natural streambed within the low flow barrel(s) of the culvert that matches the upstream and downstream
profile and dimensions. If possible, the material placed inside of the culvert should be the same native
materia( that is excavated from the streambed during the construction of the structure. Rip rap may be used
only in the floodplain barrel(s) however native material must be place on top of the rip rap to provide a flat
surface for animal passage. [15A NCAC 02H.0506(b)(2)]
5. Riprap shall not be 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. For the 63 linear feet of 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)]
7. 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)]
8. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and
entrap small animals. Matting should be secured in place with staples, stakes, or wherever possible, live
stakes of native trees. R:parian areas are defir.ed as a distance 25 feet landuiard from top of stream bank.
[15A NCAC 02H.0506(b)(3) and (c)(3)]
9. The project shall be constructed in accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements of
the NCGOl000. [15A NCAC 02B.0211].
10. Compensatory mitigation for 796 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of
Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for
the project. The DMS has indicated in a letter dated June 16, 2015 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.
General Conditions
1 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 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 permit modification will be required. [15A NCAC 02H.0506(b)(2)]
12. 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.
[ I SA NCAC 02B.0200]
13. 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)]
14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. 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)]
19. 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)]
20. 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)]
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
22. 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]
23. 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)]
24. 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)]
25. 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
G2H.0501 and .U502j
26. 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.

27. 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)]
28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Rail
Project Manager 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(�]
29. 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 2H.0506(b)(2)]
30. 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)
31. 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 projecf 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 r�clamation mcas«:�s ard im�lementation must comply ��ith the rec�a�nation :n accordznce w•ith
the reauirements of the Sedimentation Pollution Control Act.
32. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
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 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.
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: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 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: (919)-431-3100

A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 26th day of August 2015
DIVISION OF WATER RESOURCES
C �'r�
S. Jay Zimmerman
Director, Division of Water Resources
WQC No. 004028

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� NCDENR
North Carolina�Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
Secretary
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: Date:
Agent's Certification
l, , 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 herei�y 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
Registration No. Date
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 A�rmative Action Employer