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Home My WebLink About20201038 Ver 1_Approval Letter_20200827 DocuSign Envelope ID:7A0473E7-D93A-4A50-98C3-CBOBB1F99BD7 ROY COOPER • } Governor t7 f MICHAEL S. REGAN ,, ' Secretary S. DANIEL SMITH NORTH CAILINA Erwiranmertral Quality Director August 27,2020 Multiple Counties NCDWR Project No.20201038 I-95 Broadband TIP No.I-5986C APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr.Philip S.Harris,III,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 Dear Mr.Harris: You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of the I-95 Broadband Line in the Counties of Northampton,Halifax,Nash,Wilson,Johnston,Harnett,Cumberland and Robeson: Wetland Impacts in the Roanoke Basin HUC Clear&Grub(ac) Trenching(ac) Total Wetland Impact(ac) 03010107 0 0.013 0.013 Total 0 0.013 0.013 Total Wetland Impact for Roanoke Basin: 0.013 acres Wetland Impacts in the Chowan Basin HUC Clear&Grub(ac) Trenching(ac) Total Wetland Impact(ac) 03010204 0 0.018 0.018 Total 0 0.018 0.018 Total Wetland Impact for Chowan Basin: 0.018 acres Wetland Impacts in the Tar-Pamlico Basin HUC Clear&Grub(ac) Trenching(ac) Total Wetland Impact(ac) 03020101 0 0.142 0.142 03020102 0.024 0.087 0.111 Total 0.024 0.229 0.253 Total Wetland Impact for Tar-Pamlico Basin: 0.253 acres 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 919.707.9000 DocuSign Envelope ID:7A0473E7-D93A-4A50-98C3-CBOBB1F99BD7 Wetland Impacts in the Neuse Basin HUC Clear&Grub(ac) Trenching(ac) Total Wetland Impact(ac) 03020201 0.100 0.012 0.112 03020203 0.041 0.094 0.135 Total 0.141 0.106 0.247 Total Wetland Impact for Neuse Basin: 0.247 acres Wetland Impacts in the Cape Fear Basin HUC Clear&Grub(ac) Trenching(ac) Total Wetland Impact(ac) 03030004 0 0.168 0.168 03030006 0.016 0.016 0.032 Total 0.016 0.184 0.200 Total Wetland Impact for Cape Fear Basin: 0.200 acre Wetland Impacts in the Lumber Basin HUC Clear&Grub(ac) Trenching(ac) Total Wetland Impact(ac) 03040203 0.062 0.039 0.101 03040204 0 0.002 0.002 Total 0.062 0.041 0.103 Total Wetland Impact for Lumber Basin: 0.103 acres The project shall be constructed in accordance with your application received August 6,2020. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4133. This certification corresponds to the Nationwide Permit 12 issued by the Corps of Engineers. In addition,you should acquire any other federal,state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change,you must notify the NCDWR and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all the conditions. If total wetland fills for this project(now or in the future)exceed one acre,or of total impacts to streams(now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233 & 15A NCAC 2B.0259.For this approval to remain valid,you must adhere to the conditions listed in the General Certification 4133 and any additional conditions listed below. Conditions of Certification: 1. 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)] 2.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)] 3. 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)] 4.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 0-7?) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID:7A0473E7-D93A-4A50-98C3-CBOBB1F99BD7 5. 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] 6. 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)] 7. 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. [15A NCAC 02H.0501 and.0502] 8. 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. 9. 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)] 10. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project)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)] 11. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)] 12. 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)] 13.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. 14. 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. [15A NCAC 02H.0506(b)(3)and(c)(3)] 0-7?) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID:7A0473E7-D93A-4A50-98C3-CBOBB1F99BD7 15.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 proj ects 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] 16. 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. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs),SA,Trout,WS-1,WS-11,High Quality Waters (HQW),or Outstanding Resource Waters(ORW),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: (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 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 Rob Ridings at rob.ridings@ncdenr.gov. 0-7?) 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 919.707.9000 DocuSign Envelope ID:7A0473E7-D93A-4A50-98C3-CBOBB1F99BD7 Sincerely, DocuSigned by: .kN4f ALA' S.Damff nTiiC�ctli`ector Division of Water Resources Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office Paul Williams,Division 1 Environmental Officer Chad Coggins,Division 4 Environmental Officer Gregory Price,Division 6 Environmental Officer Chris Rivenbark,NC Department of Transportation Stephen Lane,NC Division of Coastal Management Garcy Ward,NC Division of Water Resources,Transportation Permitting Branch Joanne Steenhuis,NC Division of Water Resources,Transportation Permitting Branch File Copy 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 919.707.9000 DocuSign Envelope ID:7A0473E7-D93A-4A50-98C3-CBOBB1F99BD7 ;,,STATE" ROY COOPER ] "`= Governor '■ O MICHAEL S.REGAN ., „ I.S1* . Secretary `$ , . _: LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality NCDWR Project No.: County: Applicant: Project Name: 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: Date: Agent'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: Engineer's Certification Partial Final 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 N D Nop En Quality Resourc , . —A vJl 512 NorthrthCarolina SalisburyDe Streetartment 1of 1617 Mail Service Center RaleighDivision,NorthofWater Carolina 27699es -1617 NORTH CAROLINA oso.mwM or amronnwvi(Wily 919.707.9000