20201018 Ver 1_Approval Letter_20200921

DocuSign Envelope ID:6C1816E8-E1 B9-4AEF-910C-97825094FF91
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ROY COOPER �
Governor NORTH CAROLINA
MICHAEL S. REGAN Errs,rarrrmtrtred Quality
Secretary
S. DANIEL SMITH
Director
September 21,2020
Mr.Tim Athby,Transportation Engineer
Town of Holly Springs
128 South Main Street
Holly Springs,NC 27540
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES,with ADDITIONAL CONDITIONS for Proposed improvements to Holly Springs
Road(SR 1152)from Sunset Lake Road(SR 1301)to Flint Point Lane in Wake County,TIP No.U-6094.
NCDWR Project No.20201018.
Dear Mr.Harris:
Attached hereto is a copy of Certification No.4234 issued to The North Carolina Department of Transportation
(NCDOT)dated September 21,2020.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
LDocituSigned by:
ioUoo t14lt.Directorr
Division of Water Resources
Attachments
Electronic copy only distribution:
Lyle Phillips,US Army Corps of Engineers,Raleigh Field Office
Jason Hartshorn,Kimley-Horn
Caitlan B.Parker,Resource Environmental Solutions,LLC ([e-mail])
Katie Merritt,Buffer Banking Coordinator,NC DWR
File Copy
�,� North Carolina Department of Environmental Quality Division of Water Resources
512Nort h Salisbury Street 1 17M it Service Center Raleigh,Nort h Carolina 27 699 1 17
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919.707.9000

DocuSign Envelope ID:6C1816E8-E1 B9-4AEF-910C-97825094FF91
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES,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 2H.0500 and 15A NCAC 2B.0233.This certification authorizes the NCDOT to impact 0.754 acres of
jurisdictional wetlands,706 linear feet of jurisdictional streams and 55112 square feet of protected riparian buffers
in Wake County. The project shall be constructed pursuant to the application dated received August 20,2020. The
authorized impacts are as described below:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Stabilization to Temporary Impact to Total Stream Impact
Perennial Stream Perennial Stream Perennial Stream (linear ft)
(linear ft) (linear ft) (linear ft)
1 223 73 6 302
2 0 123 0 123
3 271 0 10 281
Total 494 196 16 706
Total Stream Impact for Project: 706 linear feet
Wetland Impacts in the Neuse River Basin
Site Permanent Impact (ac) Temporary Impact (ac) Total Wetland Impact(ac)
2 0.670 0.060 0.730
3 0.020 0.004 0.024
Total 0.690 0.064 0.754
Total Wetland Impact for Project: 0.754 acres.
Neuse Riparian Buffer Impacts
Site Temporary Permanent Zone 1 Buffer 11111 Temporary Permanent Zone 2 Buffer
Zone 1 Impact Zone 1 Impact Mitigation Required Zone 2 Impact Zone 2 Impact Mitigation Required
(sq ft) (sq ft) (Perm 3:1 ratio) (sq ft) (sq ft) (Perm 1.5:1 ratio)
1 1666 12052 36156 2836 6634 9951
2 16 6526 N/A 858 4122 N/A
3 446 13027 39081 1159 5770 8655
Totals 2128 31605 75237 id 4853 16526 18606
*n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required
Total Buffer Impact for Project: 55112 square feet.
Total Buffer Mitigation Required for Project: 93843 square feet

DocuSign Envelope ID:6C1816E8-E1 B9-4AEF-910C-97825094FF91
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301,302, 303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received August
20,2020. 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. Compensatory mitigation for impacts to 25079 square feet of protected riparian buffers in Zone 1 and 12404
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through purchase of Neuse Buffer Mitigation credits from
the EBX Buffer Mitigation Banks by Resource Environmental Solutions,LLC. Mitigation for unavoidable impacts
to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC
2B.0295. The mitigation bank has indicated in a letter dated August 4,2020 that they have available credits for
satisfying the compensatory mitigation requirements for the above-referenced project. No impacts to Neuse
Riparian Buffers can occur until NC Division of Water Resources receives a copy of payment receipt for
credits purchased from the Buffer Mitigation Banks.
2. 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)]
3.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)]
4.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)]
3.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)]
4.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. [15A NCAC 02H.0506(b)(3)]
5.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. [15A NCAC 02H.0506(b)(3)]
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)]

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7. 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)]
8.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)]
9.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)]
10. For the 6981 square feet of permitted Temporary Buffer Impact,the site shall be revegetated with native woody
riparian species by the end of the project construction. [15A NCAC 2B.0233]
11. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless
otherwise approved by this certification. [15A NCAC 2B.0233]
12.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 DOT
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.0233]
13.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.
14.All portions of the proposed project draining to 303(d)listed impaired watersheds shall be designed,constructed,
and operated with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds(15A
NCAC 4B.0124). However,due to the size of the project,the permittee shall not be required to meet 15A NCAC
4B .0124(a)regarding the maximum amount of uncovered acres.
15.All portions of the proposed project draining to 303(d)listed impaired watersheds 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.
16. 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]
17.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)]
18.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)]

DocuSign Envelope ID:6C1816E8-E1 B9-4AEF-910C-97825094FF91
19.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)]
20.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)]
21.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)]
22.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)]
23. 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)]
24. 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)]
25.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
26. 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]
27. 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)]
28.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 on-site project
manager. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
29. 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]
30. 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.
31.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)]
32. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee 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)]
33. 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 02B.0233(10)] & [15A NCAC 02B.0506(b)(2)]

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34. 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)]
35.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.
36. 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)]
37. 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]
38.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 303(d) impaired,then the sedimentation and erosion control
designs shall comply with the requirements set forth in 15A NCAC 4B.0124,Design Standards in Sensitive Watershed.
[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.

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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
This the 21st Day of Septemeber 2020
DIVISION OF WATER RESOURCES
EDocuSigned by:
9C9886312DCD474...
S.Daniel Smith,Director
WQC No.4234

DocuSign Envelope ID:6C1816E8-E1 B9-4AEF-910C-97825094FF91
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ROY COOPER �
Governor NORTH CAROLINA
MICHAEL S. REGAN .Err vfrarrmental Quality
Secretary
S. DANIEL SMITH NCDWR Project No.: County:
Director
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
r, E QJ North Carolina Department of Environmental Quality I Division of Water Resources
12N h SalisburyStreet1 17M it ServiceCenter Raleigh,N h r Carolina 27 1 17
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919.707.9000