20120034 Ver 1_Approval Letter_20120119

AGA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E
Governor Director
January 19 2012
Wayne County
NCDWQ Project No 20120034
US 13 Widening
TIP No U 3609 A
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr John W Rouse Jr Division Engineer
NCDOT Division 4
PO Box 3165
Wilson NC 27895 3165
Dear Mr Rouse
Dee Freeman
Secretary
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
widening US Highway 13 in Wayne County
Stream Im acts in the Neuse River Basin
Site
Permanent Fill in Perennial
Stream (linear ft )
Riprap /Stabilization to
Perennial Stream (linear ft)
Temporary Impact to
Perennial Stream (linear ft)
Total Stream
Impact linear ft)
1
26
39
70
135
2
55
0
34
89
Total
81
39
104
224
Total Stream impact for Project 224 linear feet
* *Note The permittee will restore 54 linear feet of stream channel at Site 2 for roadway removal
Neuse RIDarlan Buffer Impacts
Site
Zone 1
minus
= Zone 1
Zone l Buffer
Zone 2
minus
= Zone 2
Zone 2 Buffer
Impact
Wetlands
Buffers (not
Mitigations
Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone 1
wetlands)
Required
(sq ft)
in Zone 2
(not
Required (using
(sq ft)
(sq ft)
(using 3 I ratio)
�
(sq ft)
wetlands)
1 5 1 ratio)
(sq ft
1
6829
0
6829
N/A
3917
0
-)917
N/A
2
5998
0
5998
N/A
Ph
3607
0
3607
N/A
Totals
12827
0
12827
0
7524
0
7524
0
* n/a = Total for Site is less than 1 /.) acre and 150 linear fleet of impact no mitigation required
Total Buffer Impact for Project 20 351 square feet
* *Note As part of avoidance and minimization review and stormwater plan acceptance the permittee will
also re establish 2,378 square feet of Zone 1 Buffer and 1,978 square feet of Zone 2 Buffer at Site 2
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 276991650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www rimaterguality orq
An Equal Opportunity \ Affirmative Action Employer
NorthCarohna
Naturally

I !
The project shall be constructed in accordance with your application dated received January 12 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Numbers 3689 and 3820 This certification corresponds to the Nationwide Permits 13 and 14 issued by the Corps of
Engineers This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B 02 -13) 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 2B 0242(9) For this approval to remain valid you must adhere to the conditions listed
in the attached certifications and any additional conditions listed below
Conditions of Certification
1 Stream channel restorations shall be completed and stabilized 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
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 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 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 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
4 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
5 For all streams being impacted due to site dewatermg activities the site shall be graded to its preconstruction
contours and revegetated with appropriate native species
6 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
7 Pursuant to 15A NCAC 213 02.)3(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 I 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

8 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless
otherwise approved by this certification
9 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
10 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
11 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
12 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
13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
14 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
15 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
16 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
17 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
19 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
20 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 En,meer
and the on site project manager
21 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
22 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
23 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
24 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

25 Native riparian vegetation (► 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
26 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
27 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
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
28 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification
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 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 Hearmgs is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile (919) 73-) -1478
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 919 807 640.)
Cc Chad Coggms Division 4 Environmental Officer
Tom Steffens US Army Corps of Engineers Washington Field Office
Travis Wilson NC Wildlife Resources Commission
File Copy