20110175 Ver 1_Approval Letter_20110329

erA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Direcfor
Dee Freeman
-? - -- Secretary -- ? - --
March 29, 2011
Johnston County
NCDWQ Project No. 20110175
Neuse River Greenway
TIP No. EB-4993
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, Ph.D., Manager
NCDOT Planning and Environmental Branch
1595 Mail Service Center
Raleigh, NC 27699-1595
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
the Neuse River Greenway in Johnston County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in
Intermittent Stream
linear ft Temporary Fill in
Intermittent Stream
linear ft Permanent Fill in
Perennial Stream
linear ft Temporary Fill in
Perennial Stream
linear ft Total Stream
Impact
linear ft
3 33 20 0 0 53
6 0 0 45 42 87
7 0 0 55 40 95
8 0 0 0 66 66
10 0 0 40 20 60
11 32 20 0 0 52
12 0 0 36 20 56
13 50 20 0 0 70
14 0 0 42 30 72.
15 0 0 61 30 91
Total 115 60..._,., 279 ,248 .,702., ..
Total Stream Impact for Project: 702 linear feet.
Transportation Permitting Unit
Wetlands & Stomnvater Branch _
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 919$07-63991 FAX: 919-807i64M
Internet: http:llh2o.enr.state.no.us/nmetlands/
NorthCarolina
Naturally
An Equal opportunity 1 Affirmative Action Employer
Wetland Impacts in the Neuse River Basin
Site Permanent Fill
ac Excava4ion
ac Mechanized Clearing
ac Hand Clearing
ac Total Wetland Impact
ac
1 <0.01 0 <0.01 0 <0.01
2 0 0 0 0.02 0.02
4 0.11 0 0 0.07 0.18
5 0 0 0 <0.01 <0.01
8 0 0.02 <0.01 0.02 0.04
9 0.01 0 <0.01 0 0.01
Total 0.13 0.02 0.01 0.11 0.27
. Total Wetland Impact for Project: 0.27 acres.
Neuse Riparian Buffer Impacts
Site Zone 1 Im ac[ s ft w Zone 2 Impact s ft
1 6638 i 26909
IA 0 327
1B 27954 M 43045
2 6689 , 4606
3 929 7423
4 6333 n 17413
5 8282 x 4884
6 3788 2678
7 3649 7738
8 10983 1 12127
ss3. 93
10 4429 V 2773
II 2217 10057

Totals
81891 v?
140073
Total Buffer Impact for Project: 221,964 square feet.
The project shall be constructed in accordance with your application dated received February 22, 2011 and
modification received March 10, 2011. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 3701. This certification corresponds to the Nationwide
Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A
NCAC 2B.0233). 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 NCDWQ 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.0242(9). For this approval to remain valid, you must adhere to the conditions listed in
the attached certification and any additional conditions listed below..
Conditions of Certification:
1. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted
between February 15 and September 30 of any year, without prior approval from the NC Division of Water Quality
and the NC Wildlife Resources Commission. In addition, the permittee shall conform with the NCDOT policy
entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
2. *Unless otherwise approved in this certification, placement of culverts and other structures in-open waters and "
streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of
-----____------wetlands"or"streambeds-or banks-, adjacent to or"upstrearn and down stream of the above structures.-Tlie applicant
required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required.
3. 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.
4. 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.
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.
6. 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 NCDWQ first.
7.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.
8. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
9. 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.
10. Pursuant to NCACISA 26.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by NCDWQ. At this time, NCDWQ 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 I is not compromised and
that discharge is released as diffuse flow.
11. 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.
12. 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.
13. 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.
14. 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. "

16. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
'the most current versidri of NCDOT Con?trtiction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
17. 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.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
2l. 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 NCDWQ 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, NCDWQ may reevaluate and modify this
certification.
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
23. 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.
24. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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.
25. 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.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
27. 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 NCDWQ
when all work included in the 401 Certification has been completed.
28. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
-,the construction limits of the,project:by the end of the growing season following completion of construction.:
29. 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.
30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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:
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
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.
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 8:00arn 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: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-807-6403.

Cc: Chad Cog.-ins, Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
Amy'James, NCDOT Natural Environment Unit
File Copy
Sincerely,
UV

Cole en H. Sullins
Director