20201086 Ver 1_Approval Letter_20200909

DocuSign Envelope ID: F1A56844-84DE-4BEF-9035-1822A2E84BDB
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ROY COOPER - :),•
Governor nf ?
MICHAEL S.
REGAN '" ,,,, '
Secretary
S. DANIEL SMITH NORTH CAILINA
f.:wironmertral Quality
Director
September 9,2020
Nash County
NCDWR Project No.20201086
SR 1770 at I-95
TIP Nos.R-5720&U-5026
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,with
ADDITIONAL CONDITIONS
Mr.Kevin Bowen,P.E.,Division Engineer
NCDOT,Division 4
PO Box 3165
Wilson,NC 27895
Dear Mr.Bowen:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of improvements to
SR 1770,from SR 1003 to SR 1544,and its I-95 interchange,in Nash County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Impact Temporary Impact Permanent Impact Temporary Total Stream Impacts
to Intermittent to Intermittent to Perennial Impact to Impact Requiring
Stream Stream Stream Perennial Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft) _
1 0 0 47 10 57 0
2 0 0 161 29 190 0
3 0 0 248 30 278 0
5 61 6 0 0 67 0
6 738 49 526 10 1323 526
7 86 0 0 0 86 0
13 44 0 0 0 44 0
16 52 39 118 23 232 0
17 39 13 0 0 52 0
Total 1020 107 1100 102 2329 526
Total Stream Impact for Project: 2329 linear feet.
Total Stream Impact Requiring Mitigation by DWR:526 linear 1 -'13.EM,
"...,,.....E...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:F1A56844-84DE-4BEF-9035-1822A2E84BDB
Wetland Impacts in the Tar-Pamlico River Basin
Site Permanent Temporary Excavation Mechanized Hand Clearing Total Wetland Impacts
Fill Fill (ac) Clearing (ac) Impact Requiring
(ac) (ac) (ac) (ac) Mitigation(ac)
4 0.13 0 <0.01 0.05 0 0.18 0.18
8 0 0 0 0.03 0 0.03 0.03
9 0.24 0 0 0.07 0.18 0.49 0.31
10 0 0 0 0 <0.01 0 0
11 0 0 0 0 0.05 0.05 0
12 0.06 0 0 0.05 0.06 0.17 0.11
14 0.12 0 1.23 0.03 0.10 1.48 1.38
15 0 0 1.01 0.18 0.06 1.25 1.19
16 0 0 0 0.01 0 0.01 0.01
Total 0.55 0 2.24 0.42 0.45 3.66 3.21
Total Wetland Impact for Project:3.66 acres.
Total Wetland Impact Requiring Mitigation by DWR: 3.21 acres
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer p, Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands in Buffers(not Mitigation Impact Wetlands Buffers(not Mitigation
(sq ft) Zone 1 wetlands) Required (sq ft) in Zone 2 wetlands) Required(using
(sq ft) (sq ft) (using 3:1 ratio) • (sq ft) (sq ft) 1.5:1 ratio)
1 2534 0 2534 N/A 645 0 645 N/A
2 9998 0 9998 _ N/A 2549 0 2549 N/A
3 13929 3254 10675 32025 8093 1879 6214 9321
5 3886 0 3886 N/A 2253 0 2253 N/A
6 78691 0 78691 _ 236073 37698 0 37698 56547
7 1707 - 0 1707 5121 1232 178 1054 1581
13 4384 _ 1573 2811 _ N/A 4721 3454 1267 N/A
16 17176 0 17176 51528 8395 0 8395 12592
Totals 132305 4827 127478 324747 65586 5511 60075 80041
*n/a=Impact is Allowable;no mitigation required
Total Buffer Impact for Project: 197891 square feet.
Total Buffer Mitigation Amount Required by DWR:404788 square feet.
The project shall be constructed in accordance with your application received August 25,2020. 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. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules(15A
NCAC 2B.0259).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.0259.For this approval to remain valid,you must adhere to the conditions
listed in the General Certification and any additional conditions listed below.
E
"...„..........),„,
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: F1A56844-84DE-4BEF-9035-1822A2E84BDB
Conditions of Certification:
1. Compensatory mitigation for impacts to 3.21 acres of wetlands 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 August 27,
2020 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.
2. Compensatory mitigation for impacts to perennial streams at site 6 is required. Compensatory mitigation for impacts to
jurisdictional streams shall be provided by onsite stream relocations of 990 linear feet at stream. The onsite stream relocation shall be
constructed in accordance with the design submitted in your August 25,2020 application. All on-site mitigation sites shall be
protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural
Environment Unit mitigation geodatabase. All channel relocations will be constructed in a dry work area and stabilized before stream
flows are diverted. Channel relocations will be completed and stabilized, and must be approved by NCDWR staff,prior to diverting
water into the new channel. Whenever possible,channel relocations shall be allowed to stabilize for an entire growing season.
Vegetation used for bank stabilization shall be limited to native woody species,and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. All
stream banks shall be matted with coir fiber matting. 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. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
mitigation stream segments. As stated in the application,the monitoring shall be conducted annually 5 years after final planting.
Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to the NCDWR in a final
report within sixty(60)days after completing monitoring. After 5 years the NCDOT shall contact the NCDWR to schedule a site visit
to"close out"the mitigation site. [15A NCAC 02H.0506(b)(3)]
3. Compensatory mitigation for impacts to protected Tar-Pamlico riparian buffers shall be required in the amount of 404,788 square feet.
We understand that 56,806 square feet of that mitigation will be done on-site at the Site 6 stream relocation In accordance with 15A
NCAC 2B .0295 riparian vegetation reestablishment shall include a minimum of at least 2 native hardwood tree species planted at a
density sufficient to provide 320 trees per acre at maturity. All on-site mitigation sites shall be protected in perpetuity by a conservation
easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. The
permittee shall monitor the buffer mitigation site. Monitoring shall consist of visual inspection and photo documentation. An annual
report shall be submitted to the NCDWR for a period of 5 years showing monitoring results,survival rate/success of tree and vegetation
establishment,and that diffuse flow through the riparian buffer has been maintained. The first annual report shall be submitted within
one year of final planting. Failure to achieve a buffer density of 320 trees per acre after 5 years will require the annual report to provide
appropriate remedial actions to be implemented and a schedule for implementation. Approval of the final annual report,and a formal
"close out"of the mitigation site by the NCDWR is required.
4. Compensatory mitigation of the remaining amount of 347,982 square feet of Tar-Pamlico Riparian Buffer shall be required. We
understand that you have chosen to perform the remaining compensatory mitigation for impacts to protected buffers through use of the
North Carolina Division of Mitigation Services(DMS)(formerly NCEEP). Mitigation shall be provided in the Tar-Pamlico River
Basin and done in accordance with 15A NCAC 2B.0295.The DMS has indicated in a letter dated August 27,2020 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. 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)]
6.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)]
I C/ 10 je)
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: F1A56844-84DE-4BEF-9035-1822A2E84BDB
7. 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)]
8.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)]
9. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by
this certification. [15A NCAC 2B.0259]
10.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. [15A NCAC 2B.0259]
11.Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico
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.
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. [15A 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 115.E 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:F1A56844-84DE-4BEF-9035-1822A2E84BDB
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,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]
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 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)]
29.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
2B.0259(10)] & [15A NCAC 02B.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 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.
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:F1A56844-84DE-4BEF-9035-1822A2E84BDB
32. 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)]
33.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]
34.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]
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]
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
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: F1A56844-84DE-4BEF-9035-1822A2E84BDB
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 [e-mail].
Sincerely,
c—DocuSigned by:
�9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office
Chad Coggins,Division 4 Environmental Officer
Beth Harmon,Division of Mitigation Services
File Copy
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: F1A56844-84DE-4BEF-9035-1822A2E84BDB
";,,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
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