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HomeMy WebLinkAbout20181249 Ver 1_Approval Letter_20190215ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality February 15, 2109 Mr. Philip S. Harris, 111, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with ADDITIONAL CONDITIONS for Proposed construction of the Triangle Expressway Southeast Extension (NC 540) in Wake & Johnston Counties, Federal Aid Project No. STP-0540(19-21), State Project No. 37673.1.TA2, TIP Nos, R-2721, R-2828, & R-2829. NCDWR Project No. 20181249 version 1. Dear Mr. Harris: Attached hereto is a copy of Certification No. 4179 issued to The North Carolina Department of Transportation (NCDOT) dated February 15, 2019. If we can be of further assistance, do not hesitate to contact us. Sincerely, Jim' on, DeputyDirector Division of Water Resources Attachments Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer Deanna Riffey, NC Department of Transportation Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Amanetta Somerville, EPA Beth Harmon, Division of Mitigation Services File Copy D_E QNorth Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 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 21-1.0500 and 15A NCAC 213.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000. This certification version authorizes the NCDOT to impact 28.53 acres of jurisdictional wetlands, 2.45 acres of isolated wetlands 21809 linear feet of jurisdictional streams and 2476043 square feet of protected riparian buffers in Wake County. The project shall be constructed pursuant to the application dated received September 12, 2018 The authorized impacts are as described below: R-2721A Stream Impacts in the Cape Fear River Basin Site Permanent Fill in Perennial Stream (linear ft) Stabilization to Perennial Stream (linear ft) Temporary Impact to Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring NCDWR Mitigation (linear ft) 1 33 10 13 56 0 41 56 0 10 66 0 51 13 0 0 13 0 Total 102 10 23 135 0 R-2721A Total Stream Impacts (Cape Fear): 135 linear feet R-2721A Total Stream (Cape Fear) Requiring DWR Mitigation: 0 linear feet R-2721A Stream Im acts in the Neuse River Basin Site Permanent Fill in Intermittent Stream (linear ft) Stabilization to Intermittent Stream (linear ft) Temporary Impact to Intermittent Stream (linear ft) Permanent Fill in Perennial Stream (linear ft) Stabilization to Perennial Stream (linear ft) Temporary Impact to Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring NCDWR Mitigation (linear ft) 6 463 0 10 0 0 0 473 0 7 372 0 16 0 0 0 388 0 8 0 0 0 2302 64 52 2418 2366 10 249 13 10 0 0 0 272 0 14 0 0 0 0 57 14 71 0 14A 0 0 0 231 0 15 246 0 15 0 0 0 33 0 0 33 0 18 273 81 21 0 0 0 375 0 18A 91 0 0 0 0 0 91 0 19 0 0 0 333 122 11 466 455 20 0 0 0 277 87 21 385 364 22 104 0 10 0 0 0 114 0 27 0 0 0 314 119 36 469 433 30 0 0 0 251 0 10 261 0 31 0 0 0 872 0 0 872 872 33 0 0 0 278 0 9 287 278 35 (AA) 0 0 0 719 35 57 811 754 35 (AB) 0 0 0 1035 44 20 1099 1079 36 0 0 0 977 92 10 1079 1069 38 358 18 10 0 0 0 386 0 39 303 18 9 0 0 0 330 0 40 0 0 10 0 0 0 10 0 44 0 0 0 58 123 30 211 0 45 0 0 0 211 102 41 354 313 49 0 0 0 28 83 0 111 0 50 128 0 6 0 0 0 134 0 Total 2341 130 102 7919 928 326 11746 7983 R-2721A Total Stream Impacts (Neuse): 11746 linear feet R-2721A Total Stream (Neuse) Requiring DWR Mitigation: 7983 linear feet R-2721 B Stream Impacts in the Neuse River Basin Site Permanent Stabilization Temporary Permanent Stabilization Temporary Total Stream Impacts Fill in to Impact to Fill in to Perennial Impact to Stream Requiring Intermittent Intermittent Intermittent Perennial Stream Perennial Impact NCDWR Stream Stream Stream Stream (linear ft) Stream (linear Mitigation (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) ft) (linear ft) 1 0 0 0 405 77 50 532 482 (AJ) 1 0 0 0 18 0 10 28 0 (AK) 2 0 0 0 398 0 11 409 398 3 0 0 0 327 84 46 457 411 4 128 0 10 0 0 0 138 0 5 0 0 0 537 0 32 569 537 6 953 0 30 0 0 0 983 0 8 105 0 0 0 0 0 105 0 9 640 38 22 0 0 0 700 0 11 0 0 0 404 20 60 484 424 12 157 0 46 0 0 0 203 0 14 0 0 0 402 0 28 430 402 15 142 0 0 0 0 0 142 0 16 333 46 13 0 0 0 392 0 17 0 0 0 181 368 46 595 549 18 0 0 0 256 15 0 271 0 20 0 0 0 1135 0 0 1135 1135 21 0 0 0 1158 204 34 1396 1362 22 692 55 13 0 0 0 760 0 23 9 0 11 0 0 0 20 0 24 14 0 17 0 0 0 31 0 25 142 0 6 0 0 0 148 0 Total 3315 139 168 5221 768 317 9928 5700 R-2721B Total Stream Impacts (Neuse): 9928 linear feet R-2721 B Total Stream (Neuse) Requiring DWR Mitigation: 5700 linear feet R-2721A Wetland Impacts in the Cape Fear River Basin Site Permanent Fill (ac) Excavation (ac) Mechanized Clearing (ac) Total Wetland Impact (ac) 3 <0.01 <0.01 <0.01 0.01 Total <0.01 <0.01 <0.01 0.01 R-2721A Total Wetland Impacts (Cape Fear): 0.01 acre R-2721A Total Wetland (Cape Fear) Requiring DWR Mitigation: 0.01 acre R-2721A Wetland Imnacts in the Neuse River Basin Site Permanent Fill (ac) Excavation (ac) Mechanized Clearing (ac) Total Wetland Impact (ac) 1 0.38 0 0.07 0.45 2 0.09 0 0.02 0.11 3 0.01 0 0.02 0.03 5 0.05 0 0.02 0.07 6 1.53 0.06 0.02 1.61 9 0.27 <0.01 0 0.27 11 0.08 0.03 0 0.11 12 0.48 0 0.03 0.51 13 0.17 0 0.01 0.18 15 1.73 0.01 0.09 1.83 16 0 0.67 0 0.67 17 0.11 0 0.01 0.12 18 0.83 - 0.06 0.06 0.95 19 0.01 <0.01 0.04 0.05 20 0.11 <0.01 0.04 0.15 21 0 <0.01 <0.01 0.01 23 0 <0.01 <0.01 0.01 24 1.96 0.02 0.07 2.05 26 1.24 0 0.08 1.32 27 0 0 0.02 0.02 28 <0.01 0 <0.01 0.01 30 1.42 0 0.04 1.46 31 0.20 0 0 0.20 32 0.04 0 0 0.04 33 0.33 0.05 0.03 0.41 34 0.12 0.01 0.52 0.65 35 0.01 <0.01 <0.01 0.02 37 0.31 0.03 0.09 0.43 38 0.32 0.02 0.03 0.37 39 0.20 <0.01 0.03 0.23 40 0.26 <0.01 0.04 0.30 42 0.06 0 <0.01 0.06 43 0.19 0 0.07 0.26 46 0.07 0 0.03 0.10 47 0.06 0 0.03 0.09 48 0.08 0 0 0.08 Total 12.72 0.98 1.52 15.23 R-2721A Total Wetland Impacts (Neuse): 15.23 acres R-2721A Total Wetland (Neuse) Requiring DWR Mitigation: 15.23 acres R-2721B Wetland Impacts in the Neuse River Basin Site Permanent Fill (ac) Excavation (ac) Mechanized Clearing (ac) Temporary Impact (ac) Total Wetland Impact (ac) 1 1.39 0.01 0.14 0.10 1.64 2 0.87 0 0.12 0.05 1.04 4 0.19 <0.01 0.07 0 0.27 5 1.12 0 0.18 0 1.30 6 0.54 <0.01 0.03 0 0.58 7 0.23 0 0.02 0.39 0.64 8 0.25 0 0.03 <0.01 0.29 9 0.06 <0.01 0.25 0 0.31 12 0.86 0.03 0.15 0 1.04 14 0.39 0.03 0.15 0.04 0.61 16 0.70 0.02 0.41 0 1.13 17 0.52 0 0.09 <0.01 0.61 18 0.18 0 0 0 0.18 20 0.62 2.34 0 0 2.96 21 0.41 0 0.09 0 0.50 22 0.14 <0.01 0 0 0.15 25 0.03 0 0 0 0.03 Total 8.50 2.46 1.73 0.60 13.29 R-2721B Total Wetland Impacts (Neuse): 13.29 acres R-2721B Total Wetland (Neuse) Requiring DWR Mitigation: 12.69 acres R-2721 A&B Isolated Wetland Im acts in the Neuse River Basin Site Permanent Fill (ac) Excavation (ac) Mechanized Clearing (ac) Total Wetland Impact (ac) A-4 0.02 0 0 0.02 B-13 0.24 0.03 0 0.25 B-19 0 2.15 0 2.15 B-26 0 0 0.01 0.01 Total 0.26 2.18 0.01 2.45 R-2721 Total Isolated Wetland Impacts: 2.45 acres R-2721 Total Isolated Wetland Requiring DWR Mitigation: 1.95 acres R-2721 A&B Open Water Ponds Impacts in the Neuse River Basin Site Total Fill in Open Waters (ac) A-4 0.21 A-25 0.40 A-29 1.53 B-2 0.95 B-10 1.52 B-11 4.43 B-15 2.30 B-18 6.36 Total 17.70 R-2721A Neuse Riparian Buffer ImDaCtS Site Zone 1 Impact (sq ft) minus Wetlands in Zone 1 (sq ft) = Zone 1 Buffers (not wetlands) (sq ft) Zone 1 Buffer Mitigation Required (using 3:1 ratio) Zone 2 Impact (sq ft) minus Wetlands in Zone 2 (sq ft) = Zone 2 Buffers (not wetlands) (sq ft) Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 1 0 0 0 N/A 1100 1100 0 N/A 2 29408 21740 7668 23004 18956 8886 10070 15105 3 24273 0 24273 72819 16141 0 16141 24211 4 132681 4296 128385 385155 69262 8310 60952 91428 5 10459 0 10459 31377 8389 0 8389 12583 6 Bridge 26603 0 26603 N/A 14543 0 14543 NA 6 Road 617 305 312 936 3309 3309 0 0 7 Bridge 2809 0 2809 N/A 748 0 748 N/A 7 Road 9867 1578 8289 24867 4783 2822 1961 2941 8 1831 0 1831 N/A 3121 0 3121 N/A 9 18345 15816 2529 7587 12510 5499 7011 10516 10 28484 2466 26018 78054 18802 1755 17047 25570 11 32299 4788 27511 82533 46835 1931 44904 67356 12 8561 1455 7106 21318 6046 1459 4587 6880 13 27842 1926 25916 77748 18095 3348 14747 22120 14 17040 11351 5689 17067 12724 6545 6179 9268 15 48780 6735 42045 126135 31001 1270 29731 44596 16 15703 11955 3748 11244 9430 3997 5433 8149 17 119892 3387 116505 349515 67192 2052 65140 97710 18 63401 3972 59429 178287 35703 6105 29598 44397 19 16825 8324 8501 25503 12033 736 11297 16945 20 22669 10895 11774 35322 14026 109 13917 20875 21 2521 1748 773 N/A 784 367 417 N/A 22 18564 210 18354 55062 10568 2581 7987 11980 23 19377 476 18901 56703 8151 594 7557 11335 24 9758 0 9758 29274 5594 0 5594 8391 25 5086 0 5086 N/A 2081 0 2081 N/A 26 1112 0 1112 3336 889 0 889 1333 Totals 714807 113426 601381 1692846 452816 62775 390041 553689 R-2721A Total Zone 1 Neuse Buffer Impacts: 714807 square feet R-2721A Total Zone 2 Neuse Buffer Impacts: 452816 square feet R-2721A Total Zone 1 Neuse Buffer Mitigation Required: 1692846 square feet R-2721A Total Zone 2 Neuse Buffer Mitigation Required: 553689 square feet R-2721B Neuse Riparian Buffer Impacts Site Zone 1 Impact (sq ft) minus Wetlands in Zone 1 (sq ft) = Zone 1 Buffers (not wetlands) (sq ft) Zone l Buffer Mitigation Required (using 3:1 ratio) Zone 2 Impact (sq ft) minus Wetlands in Zone 2 (sq ft) = Zone 2 Buffers (not wetlands) (sq ft) Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 1 29078 0 29078 87234 15901 1979 13922 20883 2 53530 12154 41376 124128 30845 3801 27044 40566 3 27228 15366 11862 35586 13512 5784 7728 11592 4 4514 0 4514 N/A 4637 0 4637 N/A 5 12760 6369 6391 19173 9950 3782 6168 9252 6 32516 12737 19779 59337 18451 8907 9544 14316 7 60417 18916 41501 124503 37018 3794 33224 49836 8 4317 0 4317 N/A 3633 0 3633 N/A 9 43026 18242 24784 74352 16583 2248 14335 21502 10 81719 8611 73108 219324 58771 2996 55775 83662 11 12732 12073 659 1977 9284 6870 2414 3621 12 0 0 0 N/A 1033 0 1033 N/A 13 59742 8237 51505 154515 35256 2948 32308 48462 14 12570 12218 352 1056 3470 2154 1316 1974 15 26651 17309 9342 28026 19936 10179 9757 14635 16 50560 15737 34823 104469 26570 6092 20478 30717 17 99039 2771 96268 288804 61848 1828 60020 90030 18 67075 42113 24962 74886 44679 16265 28414 42621 19 90601 17540 73061 219183 44578 3825 40753 61129 20 45963 3402 42561 127683 25860 1745 24115 36172 21 2129 0 2129 N/A 2577 0 2577 N/A 22 2720 0 2720 N/A 2485 0 2485 N/A Al 35 0 35 105 237 0 237 N/A A2 1181 0 1181 3543 1203 0 1203 N/A Totals 820103 223795 596308 1747884 488317 85197 403120 580970 R-2721B Total Zone 1 Neuse Buffer Impacts: 820103 square feet R-2721B Total Zone 2 Neuse Buffer Impacts: 488317 square feet R-2721B Total Zone 1 Neuse Buffer Mitigation Required: 1747884 square feet R-2721B Total Zone 2 Neuse Buffer Mitigation Required: 580970 square feet Annroximate Preliminary R-2728 Impacts (to be finalized in future certification version) Wetland: 19.3 acres Stream: 20086 linear feet Open Waters (Ponds): 5.99 acres Isolated Wetland: 0.30 acre Zone 1 Neuse Buffer: 1279298 square feet Zone 2 Neuse Buffer: 752489 square feet Aooroximate Preliminary R-2729 Impacts (to be finalized in future certification version) Wetland: 18.4 acres Stream: 17387 linear feet Open Waters (Ponds): 7.57 acres Zone I Neuse Buffer: 1350860 square feet Zone 2 Neuse Buffer: 917248 square feet The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear and Neuse 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 September 12, 2018. 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233. 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. Conditions of Certification: 1. This 401 Water Quality Certification and Neuse River Riparian Buffer Authorization is being issued with only the R-2721 phase having finalized design and impacts. When final design plans are completed for phases R-2828 and R-2829, a modification to the 401 Water Quality Certification and the Neuse Riparian Buffer Authorization shall be submitted with fees and final plans to the NC Division of Water Resources. Final designs shall reflect all appropriate further avoidance, minimization, and updated 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 phases R-2828 and R-2829 shall begin until after the permittee applies for, and receives, a written modification of the 401 Water Quality Certification and the Neuse Riparian Buffer Authorization from the NC Division of Water Resources. 2. Compensatory mitigation for impacts to 15.24 acres of wetlands in phase R-2721A, and 14.64 acres of wetlands in phase R-2721 B are 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 letters dated August 28, 2018, and updated February 12, 2019, 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. 3. Compensatory mitigation impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to 10362 linear feet of streams in phase R-2721A and 8536 linear feet of streams in phase R-2721 B 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 letters dated August 28, 2018, and updated February 12, 2019, 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. 4. Compensatory mitigation for impacts to protected Neuse riparian buffers are required. Compensatory mitigation requirements for phase R-2721 A are 1692846 square feet of Zone 1 buffer and 553689 square feet of Zone 2 buffer. Compensatory mitigation requirements for phase R-2721 B are 1747884 square feet of Zone 1 buffer and 580970 square feet of Zone 2 buffer. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in letters dated August 28, 2018, and updated February 12, 2019, that they will assume responsibility for satisfying the compensatory mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. 5. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2)] 6. As a condition of this 401 Water Quality Certification, the bridge 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)] 7. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250 , please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 8. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 9. 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. [I 5A NCAC 02H .0506(b)(3)] 10. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old bridge. This condition can be waived with prior approval from the NCDWR. [I5A NCAC 02H .0506(b)(3)] 11. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. [I5A NCAC 02H .0506(b)(3)] 12. 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. [I5A NCAC 02H.0506(b)(2)] 13. 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. [I5A NCAC 02H.0506(b)(2)] 14. 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)] 15. 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. [I5A NCAC 02H.0506(b)(2)] 16. The stream channels 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. [I5A NCAC 02H.0506(b)(2)] 17. 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)] 18. A copy of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre - construction meeting. The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application received by NCDWR. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Resources. 19. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity shall be designed, constructed, and operated with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds (I5A NCAC 4B .0124). However, due to the size of the project, NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. 20. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.) prior to discharging to surface waters. 21. Channel relocations shall be completed and stabilized, and approved by NCDWR staff, prior to diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip -rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip -rap coverage requested Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)] 22. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this certification. [15A NCAC 213.0233] 21. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non -maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. Insert buffer rule citation. [15A NCAC 213.0233] 22. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 23. All clearing of vegetation for purpose of relocating overhead power lines within jurisdictional wetlands shall be performed without the use of mechanized equipment. [I 5A NCAC 02H.0506(b)(3)] 24. The permittee will need to adhere to any and all appropriate in -water work moratoria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish & Wildlife Service, and/or the NC Division of Marine Fisheries. [ 15A NCAC 2H.0506(b)(2) and 15A NCAC 413.0125] 25. Prior to, and during the construction of project, the permittee shall coordinate with the North Carolina Wildlife Resources Commission and the US Fish & Wildlife Service to ensure that the construction will not result in negative impacts to threatened and endangered mussels. Should either of those agencies require changes to the proposed design or construction activities, a modification to this 401 Water Quality Certification may be required. Any changes to the design authorized by this certification will require approval from the NC Division of Water Resources. [15A NCAC 2H.0506(b)(2) and 15A NCAC 413.0125] 26. 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 0213.0200] 27. 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)] 28. 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)] 29. 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)] 30. 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)] 31. 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)] 32. 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. [I 5A NCAC 02H.0506(b)(3)] 33. 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)] 34. 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)] 35. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 36. 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 0213.0200] 37. 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)] 38. 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)] 39. 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. [I 5A NCAC 02H.0501 and .0502] 40. 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. 41. 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)] 42. 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(f)] 43. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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 0213.0233(10)] & [15A NCAC 02B.0506(b)(2)] 44. 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)] 45. 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. 46. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without prior approval from DWR. [I 5A NCAC 02H.0506(b)(3) and (c)(3)] 47. 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] 48. 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, and waste pile (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. 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. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] 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 5: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: (919) 431-3000, Facsimile: (919) 431-3100 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 the 15th day of February 2019 DIVISION OF WATER RESOURCES Jim Gregson, Deputy Director WQC No. 4179 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NCDWR Project No.: Applicant: Project Name: NORTH CAROLINA Environmental Quality County: Date of Issuance of 401 Water Quality Certification: 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: Agent's Certification Date: 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: 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 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 Registration No. Date