20151151 Ver 1_Approval Letter_20151222

Water Resaurces
EN VIRONMENT�L OUHLII Y
PA'C MCCRUR},
DONAI,D R. VAN ll1iR VAAR"T
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S. JAY ZIMMIiRMAN
December 22, 2015
Lenoir County
NCDWR Project No. 20151 I51
Bridge EG23.8
APPROVAL of 401 WATER QUALITY CERT[FICAT[ON with ADDITIONAL CONDITIONS
Mr.Jonathan Hocker
Norfolk Soothem Railway
1200 Peachtree Street, NE
Atlanta, Georgia 30309
Dear Mr. Hocker
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
installing a 66" by 40' culvert within the existing railway Bridge EC-23.8 on an unnamed tributary to the Neuse
River in Lenoir County:
Strea�m Im a�cts in the Neuse River Basin
�CSite I Sfream Fill (linear ftl 1
23.8 -~-----6�--1—
�-- ---�---------- —I
The project shall be constructed in accordance with your application dated received November 3, 2015 and
additional information dated received December I I, 2015. After reviewing your application, we have decided that
these impacts are covered by General Water Qaality Cer[ification Number 3886. This certification corresponds to
the Nationwide Permit 14 issued by the Corps of Engineers. ln 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 Conhol,
Non-Discharge and Water Suppty 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 (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. [f 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 [o streams (now or in the future) exceed I50 linear fee[, compensatory mitiga[ion may be required as
described in i SA NCAC 2H .OSOo (h) (6) and (7). Additional buffer impacts may require cotnpensa[ory mitigation
as described in I SA NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in
the at[ached certifica[ion and any additional conditions listed below.
Condition(s) of Certification:
No impacts are allowed to protected Neuse Riparian Buffers with [his approvaL If impacts to riparian buffers are
found to be necessary, please contact [his office :or the required Buffer Authorization.
S�a�e o( Nonh Camli�w i5rvimnmen�nl Quality'i Waler Resaurces
1017 Mail Service Center, Raleig4 NOAh Carolina 276594fi17

2. 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 detennine whether or noi a pe�mit modification
will be required. [15A NCAC 02H.0506(b)(2)]
3. 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 shal] be used to prevent excavation in flowing water. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
4. 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]
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
P(anning 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 Carolrna
Sediment and Erosion Contro! Mannal. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, in�Wding contractor-owned or leased borr�w pits associated with the
project.
a 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.
6. Sediment and erosion control measures shall not be placed in weNands or waters unless otherwise approved by
this Certificatioa [ISA NCAC 02H.0506(b)(3) and (c)(3)]
7. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearty marked by highly visible fencing prior ro any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501
and .0502]
8. 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)]
9. 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 nawral geomorphic conditions. [ 15A NCAC
02H.0506(b)(2)]
10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilizacion shall be placed in strcam channels in such a manner that it does not impede aquatic life passage.
[15A NCAC 02H.0506(b)(2)]
1 L The Perniittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]

12. Heary equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimen[ation and reduce the introduction of other pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)]
l3. 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 [ISA NCAC
02H.0506(b)(3)]
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certificatioa [liA NCAC 02H.0506(b)(3)]
15. Discharging hydroseed mixtures and washing out hydroseeders and otherequipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
16. 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 governme�t 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.
17. 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)(3)]
18. There shall be no excavation from, or waste disposa] 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. 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 condi[ions are necessary to assure compliance, the NCDWR may reevaluate and moclify
this certification. �15A NCA� 028.0200]
20. 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)]
21. A copy of this W ater Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager. [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
22. Upon completion of the project (including any impacts at associated bonow or waste sites), the applicant or
authorized agent shall complete and retum 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(�]
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 (I) copy ofthe petition must be filed with the Office of
Administrative Hearings.

The pe[i[ion 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 Adminishative Hearings is:
Office of Adminishative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam �t. Hayes, General Counsel
Departmen[ of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Wa[er Act If you
have any questions, please con[act Garcy Ward at [phone] or [e-mail].
S�ely, �����
,� I?
S. Jay Zimmerman, Director \_ �
Division of Water Resources
Atlachments (General Certitication a�d Cerlificate of Completion form)
Electronic copy only di_cvibution:
Tom Steffen;, US A:-my Corps of Engineers; Washineton Field Office
Jennifer Sunley, jsunley r�il,hanson-inc.com
Garcy Ward, NC DWR, Washington Regional Office
File Copy

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ENVIRONMENTAL OVALITY
NCDWR Project No.: County:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certi6cation:
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Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any sobsequent modifications, the applican[ is required to return this certificate to the 401 Transportation Permitting
Onit, North Carolina Division of Water Resoorces, L617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retorned to NCDWR by the applicant, the applicanYs authorized agent, or the p�ojact enginezc It is not
necessary to send certificates from all of these.
ApplicanYs Cerlificntimr
I, , hereby s[a[e that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the constroction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Boffer Rules, the approved plans and
specifications, and other supporting materials.
Signatwz: Da[e:
Age�tt's Cert; f•catiox
�, , 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 substan[ial
compliance and intent of [he 401 Water Quality Certification and E3uffer Rules, [he approved plans and
specifications, and other supporting materials.
Signature:
Engii�eer's Cerlificnlio�e
Partial Final
i, , as a duly registered Professional Engineer in the Sta[e of North
Carolina, having been authorized ro observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that [he construction was observed to be built within substantial compliance and intent of the 401
Wa[er Qualiry Certification and E3uffer Rules, Che approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Siate of Nnnh Camlina IGnvvonnienlal Qunfity I �Va�er Fesoirtces
1617 Mail Senice Cenler, Raieigh. Norlh Carolina 27699-16R