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HomeMy WebLinkAbout20190591 Ver 2_B-5980 Permit_20210316 U.S. ARMY CORPS OF ENGINEERS WiLMiNGTON DISTRICT Action id. SAW-2019-00365 County: Nash County U.S.G.S. Quad: Drake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Chad Coggins NCDOT/Division 4 Environmental Officer Address: PO Box 3165 Wilson NC,27895 Telephone Number: 252.717.8699 Size(acres) N/A Nearest Town Goldrock Nearest Waterway Swift Creek River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 36.0622345777114 Longitude: -77.8233638415893 Location description: i-95 at NC 4,Goldrock,NC. Description of projects area and activity: TiP B-5980;interchange improvements impacting 33 linear feet of tributary.0.01 acre of wetlands will be impacted by non-404 hand clearing. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344); ❑ Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number: GP 198200031 NCDOT Bridges,Widening Projects....(Authorized 2015) SEE ATTACHED RGP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated May 7,2019.Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class i administrative penalty,and/or appropriate legal action. Special Conditions: 1. NCDOT shall implement"Design Standards for Sensitive Watersheds",to avoid/minimize sediment from entering the stream. 2. This USACE permit does not authorize you to take a threatened or endangered species,in particular,the Northern Long- eared Bat(NLEB)(Myotis septentrionalis). in order to legally take a listed species,you must have separate authorization under the Endangered Species Act(ESA)(e.g.,a Biological Opinion (BO)under the ESA, Section 7,with 'incidental take'provisions with which you must comply). The U.S. Fish and Wildlife Service's(USFWS's)Programmatic BO titled'Northern Long-eared Bat(NLEB)Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT)Activities in Eastern North Carolina(Divisions 1-8),' dated March 25, 2015,and adopted on May 4, 2015,contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with 'incidental take' that are specified in the BO.Your authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions(incorporated by reference into this permit)associated with incidental take of the BO. Failure to comply with the terms and conditions associated with incidental take of the BO,where a take of the listed species occurs,would constitute an unauthorized take,and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified,suspended or revoked. if,prior to the expiration date identified below,the nationwide and/or regional general permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided it complies with all requirements of the modified nationwide permit. if the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced(i.e.,are under construction)or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Action ID Number: SAW-2019-00365 if there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory program, please contact Eric Alsmeyer at(919)554-4884 X 23 or Eric.C.Alsmeyer(a�usace.army.mil. 11o4Q. MATTHEWS.MONTE.K.1284867 _ 633 Corps Regulatory Official: la' 4142-- 2019.05.16 07:26:08-04'00' Date: May 16,2019 Expiration Date of Verification: April 30,2020 Action ID Number: SAW-2019-00365 County: Nash County Permittee: Chad Coggins NCDOT/Division 4 Environmental Officer Project Name: NCDOT B-5980 1-95 at NC 4 interchange improvement Nash Div4 Date Verification Issued: May 16, 2019 Project Manager: Eric Alsmeyer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Eric Alsmeyer Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class 1 administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 April30, 2015 Regional General Permit No. 198200031 Name of Permittee: North Carolina Department of Transportation Effective Date: April 30.2015 Expiration Date: April 30,2020 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT A regional general permit (RGP)to perfoitn work in or affecting navigable waters of the United States and waters of the United States,upon recommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act(33 U.S.C. 1344), is hereby modified and re-issued by authority of the Secretary of the Anny by the District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 TO AUTHORIZE THE DISCHARGE OF DREDGED OR FILL MATERIAL IN WATERS OF THE UNITED STATES (U.S.),INCLUDING WETLANDS,ASSOCIATED WITH MAINTENANCE,REPAIR,AND CONSTRUCTION PROJECTS CONDUCTED BY THE VARIOUS DIVISIONS OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION(NCDOT)INCLUDING THE NCDOT DIVISION OF HIGHWAYS,RAIL,BICYCLE/PEDESTRIAN,ECT. Activities authorized are: a. Construction, maintenance, and repair of bridges,to include work on the approaches, where permanent impacts resulting in a loss of waters of the U.S. will be less than or equal to 500 linear feet(lf) of stream and/or one (1) acre of wetland/non-tidal open water for each single and complete linear project. b. Best-fit wideningprojects that have undergone interagency review and completed the g g Y P current interagency Merger Process, which merges the requirements of the National Environmental Policy Act(NEPA)with those found within Section 404 of the Clean Water Act (CWA). 1 While there is no impact threshold for these widening projects,the Corps has the discretion to require an individual permit if it determines that the proposed impacts will have more than a minimal impact on the aquatic environment or on other environmental factors, or if the project would noiivally require an Environmental Impact Statement(EIS)under current Federal Highway Administration(FHWA) guidelines. Best-fit projects may include a small amount of new location roadway for components such as interchanges or intersections,provided the new location portion has been concurred upon by the merger team. c. Minor widening projects, such as paving and/or widening secondary roads, or interchange improvements, when permanent impacts which result in a loss of waters of the U.S. from installation and/or extension of culverts and/or pipes will be less than or equal to 500 if of stream and/or one (1) acre of wetland/non-tidal open water for each single and complete linear project . d. Stream relocation(s) associated with projects identified in a-c above. Stream relocation lengths are to be evaluated independently and are not included within each respective maximum limit threshold for the authorized actions stated above. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point,which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term"single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the U.S. (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of this RGP. However, individual channels in a braided stream or river, or individual aims of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Generally, off-site detours are preferred to avoid and minimize impacts to the human and natural environment. However, if an off-site detour is considered impracticable,then an on-site detour may be considered as a necessary component of the actions described above. Impacts from the detour may be considered temporary and may not require compensatory mitigation if the impacted area is restored to its pre-project condition after construction is complete. If the construction of a detour(on-site or off-site) includes standard undercutting methods,removal of all material and backfilling with suitable material is required. 1. Special Conditions. a. The applicant must submit a pre-construction notification(PCN)with specified attachments to the District Engineer and receive written verification from the Corps that the proposed work complies with this RGP prior to commencing any activity authorized by this RGP. b. If the project will not impact a designated"Area of Environmental Concern" (AEC) in the twenty(20) counties of North Carolina covered by the North Carolina Coastal Area Management Act(CAMA),then a consistency submission is not required. If the project will impact a designated AEC and meets the definition of"development",then the applicant must 2 obtain the required CAMA permit. Development activities may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office—69 Darlington Avenue, Wilmington,NC 28403 or Washington Field Office—2407 West 5th Street,Washington,NC 27889). The twenty (20) CAMA counties in North Carolina include Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde,New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington. c. Discharges into Waters of the U.S. designated by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission(NCWRC) as anadromous fish spawning areas are prohibited during the period between February 1 and June 30, without prior written approval from NCDMF,NCWRC,National Marine Fisheries Service (NMFS), and the Corps. Discharges into waters of the U.S. designated by NCDMF as primary nursery areas and discharges into waters of the U.S. designated by NCWRC as primary nursery areas in inland waters shall be coordinated with NCDCM(per existing agreement with NCDMF) and NCWRC prior to being authorized by this RGP. Coordination with NCDCM and NCWRC may result in a required construction moratorium during periods of significant biological productivity or critical life stages. The applicant should contact: NC Division of Marine Fisheries North Carolina Wildlife Resources Commission 3441 Arendell Street Habitat Conservation Program Manager Morehead City,NC 28557 1721 Mail Service Center Telephone 252-726-7021 Raleigh,NC 27699-1721 or 800-682-2632 Telephone(919)733-7638 d. This permit does not authorize the use of culverts in areas designated as anadromous fish spawning areas by the NCDMF or the NCWRC. e. Waters of the U.S. designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from NMFS. f. If the project is located within the twenty(20) counties of North Carolina designated as coastal counties by CAMA,then all pipe and culvert inverts will be buried at least one foot below normal bed elevation when they are placed within the Public Trust AEC and/or the Estuarine Waters AEC as designated by CAMA. If the project is not located within the twenty (20) counties of North Carolina designated as coastal counties by CAMA,then culvert inverts will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The potential for destabilization of the channel and head cutting upstream should be considered in the placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this condition would result in more adverse impacts to the aquatic environment. Culverts placed in wetlands do not have to be buried. 3 1 g. No work shall be authorized by this RGP within the twenty coastal counties, as defined by the NCDCM,without prior consultation with NOAA Fisheries. For each activity reviewed by the Corps where it is determined that the activity may affect Essential Fish Habitat (EFH) for federally managed species, an EFH Assessment shall be prepared by the applicant and forwarded to the Corps and NOAA Fisheries for review and comment prior to authorization of work. h. Discharges of dredged or fill material into waters of the U.S., including wetlands,must be minimized or avoided to the maximum extent practicable. i. No activity may result in substantial permanent disruption of the movement of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area. The dimension,pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. It is acceptable to use rock vanes at culvert outlets to ensure, enhance, or maintain aquatic passage. Pre-foiined scour holes are acceptable when designed for velocity reduction. The width,height, and gradient of a proposed opening should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gauge data, if available. In the absence of such data,bankfull flow can be used as a comparable level. Where adjacent floodplain is available, flows exceeding bank-full should be accommodated by installing culverts at the floodplain elevation, if practicable. If multiple culverts are used,the construction of floodplain benches and/or sills to maintain base flow is required, if practicable. j. Upon completion of any work authorized by this RGP, all temporary fills (to include culverts, etc.)will be completely removed from waters of the U.S. and the areas will be restored to preconstruction conditions,to include pre-project elevations and contours,restoring natural hydrology and stream corridors, and reestablishing native vegetation/riparian corridors. This work will be completed within 60 days of completion of project construction. If this timeframe occurs while a required moratorium of this peiinit is in effect,the temporary fill shall be removed in its entirety within 60 days of the moratorium end date. If vegetation cannot be planted due to the time of the year, all disturbed areas will be seeded with a native mix appropriate for the impacted area, and vegetation will be planted in the fall. A native seed mix may contain non-invasive small grain annuals (e.g. millet and rye grain)to ensure adequate cover while native vegetation becomes established. The PCN must include a restoration plan showing how all temporary fills and structures will be removed and how the area will be restored to pre- project conditions. k. All activities authorized by this RGP shall,to the extent practicable, be conducted "in the dry", with barriers installed between work areas and aquatic habitat to protect that habitat from sediment, concrete, and other pollutants. Where concrete is utilized,measures will be taken to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with waters of the U.S. until the concrete has cured/hardened. All water in the work area that has been in contact with concrete shall only be returned to waters of the U.S. when it no longer poses a threat to aquatic organisms (concrete is set and cured). 1. In cases where new alignment approaches are to be constructed and the existing approach fill in waters of the U.S. is to be abandoned and no longer maintained as a roadway,the 4 abandoned fill shall be removed and the area will be restored to preexisting wetland/stream conditions and elevations,to include restoring natural hydrology and stream corridors, and reestablishing native vegetation/riparian corridors,to the extent practicable. This activity may qualify as compensatory mitigation credit for the project and will be assessed on a case-by-case basis in accordance with Special Conditions "q" and"r"below. A restoration plan detailing this activity will be required with the submittal of the PCN. m. To the maximum extent practicable,the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and stoitn water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). n. The project must be implemented and/or conducted so that all reasonable and practicable measures to ensure that equipment, structures, fill pads, and work associated with the project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but are not limited to, channel instability, flooding, and/or shoreline/streambank erosion. During construction, the pettnittee shall routinely monitor for these effects, cease all work if/when detected,take initial corrective measures to correct actively eroding areas, and notify the Corps immediately. Permanent corrective measures may require additional authorization from the Corps. o. All PCNs will describe sedimentation and erosion control structures and measures proposed for placement in waters of the U.S. To the extent practicable, structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. In addition, appropriate soil and erosion control measures must be established and maintained during construction. All fills,temporary and permanent,must be adequately stabilized at the earliest practicable date to prevent erosion of fill material into adjacent waters or wetlands. p. Before discharging dredged or fill material into waters of the U.S. in the twenty-five (25)mountain counties of North Carolina,the applicant will submit a PCN to the NCWRC and the Corps concurrently. The PCN shall summarize alternatives to conducting work in mountain trout waters considered during the planning process, detail why alternatives were or were not selected, and contain a compensatory mitigation plan for all unavoidable adverse impacts to mountain trout waters. For proposals where a bridge is replaced with a culvert,the PCN must also include details of any on-site evaluations that were conducted to determine that installation of a culvert will not adversely affect passage of fish or other aquatic biota at the project site. This information must include factors such as the proposed slope of the culvert and determinations of how the slope will be expected to allow or impede passage, the necessity of baffles and/or sills to ensure passage, design considerations to ensure that expected baseflow will be maintained for passage and that post-construction velocities will not prevent passage, site conditions that will or will not allow proper burial of the culvert, existing structures (e.g., perched culverts, waterfalls, etc.) and/or stream patterns up and downstream of the culvert site that could affect passage and bank stability, and any other considerations regarding passage. The level of detail for this information should be based on site conditions (i.e., culverts on a slope over 3%will most likely 5 require more information than culverts on a slope that is less than 1%, etc.). Also, in order to evaluate potential impacts, describe bedforms that will be impacted by the proposed culvert— e.g., pools, glides,riffles, etc. The NCWRC will respond both to the proponent and directly to the Corps. The twenty-five (25) designated trout counties of North Carolina include Alleghany, Caldwell, Watauga, Ashe, Mitchell, Wilkes, Avery, Burke, Stokes, Surry, Buncombe,Henderson,Polk, Cherokee, Jackson,Rutherford, Clay,Macon, Swain, Graham, Madison, Transylvania, Haywood, McDowell, and Yancey. The applicant may contact NCWRC at: North Carolina Wildlife Resources Commission Ms. Marla Chambers Western NCDOT Permit Coordinator 206 Charter Street Albemarle,NC 28001 Office: 704-982-9181 q. Compensatory mitigation will be required for permanent impacts resulting in a loss of waters of the U.S., including wetlands, from culverts/pipes and associated fill. Mitigation will also be required for stream relocation projects. The applicant will attach a proposed mitigation plan to the PCN. Mitigation proposals will be in accordance with currently approved Wilmington District and/or Corps-wide mitigation regulations and guidance. The Corps Project Manager will make the fmal determination concerning the appropriate amount and type of mitigation. r. Stream relocation(s) associated with projects may be authorized under this RGP. As stated above,mitigation will be required for all relocation projects. If the stream relocation is conducted in accordance with the requirements stated below in 1-5, the relocated segment of stream may* be considered toward reducing the amount of compensatory mitigation required. A relocation plan must be submitted with the PCN that addresses all factors required within the current Wilmington District, Corps of Engineers Stream Mitigation Guidelines, which can include,but may not be limited to: (1) The relocated stream has pattern, profile, and dimension based on natural channel design. If natural channel design construction is not possible due to site constraints,the relocated stream must have pattern,profile, and dimension similar to, or better than,the existing stream.Note that site constraints do not include those situations where NCDOT chooses not to acquire additional adjacent property that is available for purchase. (2) The new stream meets the current buffer requirements as stated in current District stream mitigation guidance. If the required buffer widths cannot be obtained, a project- by-project decision will be completed to deteiiuine if additional compensatory mitigation is required. (3) The new location allows the relocated stream to remain stable (e.g., in a 6 valley vs. on a slope,no bends that will impact stability, etc.). (4) There is no loss of channel for any reason(e.g., old channel is 200' and new channel is 150'= 50' channel loss;part of the new channel is put in a culvert; the new channel (sides and bottom) is hardened with concrete, rip rap, etc.). (5) The Corps will determine if monitoring and reporting will be required for a specific project and the parameters of any required monitoring and reporting. If monitoring is required, a monitoring plan must be included with the PCN and meet current requirements. All relocation plans must clearly depict both the existing channel and the proposed(relocated) channel. * Conducting stream relocation(s) in accordance with 1-5 above may not fully compensate for the impact and may require additional compensatory mitigation. The Corps Project Manager will determine if the proposed amount of mitigation is adequate on a project-by-project basis. If stream relocation cannot be conducted in accordance with 1-5 above, mitigation at a 2:1 ratio will typically be required unless: (1)the applicant provides a Stream Quality Assessment Worksheet or NCSAM documentation(when available)that supports a different mitigation ratio; (2)the Corps Project Manager determines that the relocated stream, while not in full compliance with 1-5 above, warrants partial mitigation, or; (3)the Corps determines that the existing stream is an excellent quality stream, in which case a 3:1 mitigation ratio may be required. The Corps Project Manager will make the final determination concerning the appropriate amount and type of mitigation. If the Corps determines that the proposed stream relocation is of such a magnitude that it cannot be authorized by this RGP, an Individual Peitnit will be required. s. The applicant shall sign and return the compliance certificate that is attached to the RGP verification letter. t. In the event that any Federal agency maintains an objection or any required State authorization is outstanding,no notice to proceed will be given until objections are resolved and State authorizations are issued. u. The Corps may place additional special conditions, limitations, or restrictions on any verification of the use of RGP 31 on a project-by-project basis. 2. General Conditions. a. Except as authorized by this RGP or any Corps approved modification to this RGP,no excavation, fill or mechanized land-clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7 b. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this RGP must comply with the terms and conditions of the applicable CWA Section 401 Water Quality Certification for this RGP issued by the NCDWR. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The permittee understands and agrees that,if future operations by the U.S. require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby,without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration. g. The peititittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the U.S. and in such time and manner as the Secretary of the Army or his authorized representative may direct,restore the affected water of the U.S. to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being perfotlued or maintained in strict accordance with the Special and General Conditions of this permit. i. This RGP does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This RGP does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit,the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted 8 or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest. (3) Damages to persons, property, or to other peinuitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this permit. m. Authorization provided by this RGP may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action is in the best public interest. The term of this RGP shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. n. This RGP does not authorize any activity, which the District Engineer determines, after any necessary investigations, will adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act(15 U.S.C. 1273),those proposed for inclusion as provided by Sections 4 and 5 of the Act, and wild, scenic and recreational rivers established by state and local entities. (2) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (3)NOAA designated marine sanctuaries,National Estuarine Research Reserves, and coral reefs. (4) Submerged Aquatic Vegetation(SAV) as defined by the N.C. Division of Marine Fisheries at 15A NCAC 03I .0101(4)(i)). o. Endangered Species. (1)No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under this RGP which"may affect" a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2)Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal perruittees (and when FHWA is the lead federal agency) must provide the district engineer with the appropriate documentation to demonstrate compliance with 9 those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3)Non-federal permittees must submit a PCN to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect federally-listed endangered or threatened species or designated critical habitat, the PCN must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity"may affect" or will have"no effect"to listed species and designated critical habitat and will notify the non-federal applicant of the Corps' determination within 45 days of receipt of a complete PCN notification. In cases where the non- federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification that the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (4)As a result of foitiial or informal consultation with the U.S. Fish and Wildlife Service(USFWS) or NMFS, the district engineer may add species-specific endangered species conditions to the RGP. (5)Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g., an ESA Section 10 Permit, a Biological Opinion with"incidental take" provisions, etc.) from the USFWS or the NMFS,the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass,harm,pursue,hunt, shoot, wound, kill,trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm"in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (6) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://www.fws.gov/or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. p. The permittee is responsible for obtaining any"take"permits required under the USFWS's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the USFWS to deteuuine if such"take"permits are required for a particular activity. q. For proposed activities the sixteen counties listed below, applicants must provide a 10 copy of the PCN to the USFWS, 160 Zillicoa Street, Asheville,North Carolina 28801. This PCN must be sent concurrently to the USFWS and the Corps Project Manager for that specific county. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville USFWS: Avery, Cherokee, Forsyth, Graham,Haywood,Henderson, Jackson,Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania,Union and Yancey. Applicants may contact the appropriate USFWS office listed below or the US Army Corps of Engineers: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville,NC 28801 Telephone: (828) 258-3939 Asheville USFWS Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh,NC 27636-3726 Telephone: (919) 856-4520 Raleigh USFWS Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. r. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. s. The peimittee must make every reasonable effort to perform the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. € t. All activities authorized by this RGP that involve the use of riprap material for bank stabilization,the following measures shall be applied: (1)Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. (2) The placement of riprap shall be limited to the areas depicted on submitted work plan drawings and not be placed in a manner that prevents or impedes fish passage. (3)The riprap material shall be clean and free from loose dirt or any pollutant 11 except in trace quantities that will not have an adverse environmental effect. (4)It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. (5) The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite,marl, or broken concrete. (6)A waiver from the specifications in this general condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this condition will result in greater adverse impacts to the aquatic environment. u. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. v. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this peiinit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. w. At his sole discretion, any time during the processing cycle,the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case, the procedures for processing an individual peiinit in accordance with 33 CFR 325 will be available. x. The activity must comply with applicable FEMA approved state or local floodplain management requirements. y. All fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. z. All excavated material will be disposed of in approved upland disposal areas. aa. Historic Properties. (1) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places (NRHP),the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. 12 (2)Federal permittees (or when FHWA is the lead federal agency) should follow their own procedures for complying with the requirements of Section 106 of the NHPA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address Section 106 compliance for this RGP activity, or whether additional Section 106 consultation is necessary. (3)Non-federal permittees must submit a PCN to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the NRHP, including previously unidentified properties. For such activities,the PCN must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer(SHPO) or Tribal Historic Preservation Officer (THPO), as appropriate, and the NRHP (see 33 CFR 330.4(g)). When reviewing PCNs, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the NHPA. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (4) The district engineer will notify the prospective permittee within 45 days of receipt of a complete PCN whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR§800.3(a)). If NHPA Section 106 consultation is required and will occur,the district engineer will notify the non-federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (5) Prospective permittees should be aware that Section 110k of the NHPA (16 U.S.C. 470h-2(k))prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit will relate, or having legal power to prevent it, allowed such significant adverse effect to occur,unless the Corps, after consultation with the Advisory Council on Historic Preservation(ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the 13 undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. bb. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the NRHP. cc. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this RGP. dd. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. ee. This RGP will not be applicable to proposed construction when the Wilmington District Engineer determines that the proposed activity will significantly affect the quality of the human environment and determines that an EIS must be prepared. ff. Activities which have commenced (i.e. are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration,modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 7Z /r ?c Kevin P. nders Sr. Colonel, . S. Army District Commander 14 DocuSign Envelope ID:60706A96-724B-4E41-AC72-907C7E027752 ;_s'rnrF w� 'il°• \ten ROY COOPER x Governor MICHAEL S.REGAN Secretary $�^+"°�+ LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality May 13,2019 Nash County NCDWR Project No.20190591 I-95 &NC 4 Interchange Project TIP No.B-5980 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,with ADDITIONAL CONDITIONS Mr.Ronnie Keeter,PE,Division Engineer NCDOT Division 4 PO Box 3165 Wilson NC 27828 Dear Mr.Keeter: You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of upgrading the I-95 and NC 4 Interchange in Nash County: Stream Impacts in the Tar-River River Basin Site Permanent Fill in Perennial Temporary Dewatering to Perennial Total Stream Impact Stream(linear ft) Stream(linear ft) (linear ft) Total 23 10 33 Total Stream Impact for Project: 33 linear feet. Wetland Impacts in the Tar-PamlicoRiver Basin Site Hand Clearing (ac) Total Wetland Impact(ac) Total 0.01 0.01 Total Wetland Impact for Project: 0.01 acres. Tar-Pamlico Riparian Buffer Impacts Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation (sq ft) Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio) Totals 1539 N/A 1258 N/A *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: 2797 square feet. ppprkrsal of ImsvlRrfiy 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:60706A96-724B-4E41-AC72-907C7E027752 The project shall be constructed in accordance with your application received May 7,2019. 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 31 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. Conditions of Certification: 1. 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)] 2.For any 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)] 3. 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] 4.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] 5.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. 6. 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] 7.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. [15ANCAC 02H.0506(b)(2)] 8. 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)] 9.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)] 10.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)] ppWkraal of Irtva�i[`fib 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:60706A96-724B-4E41-AC72-907C7E027752 11. 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)] 12.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)] 13. 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)] 14.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)] 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 16.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] 17. 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)] 18. 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)] 19. 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] 20. 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. 21. 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)] 22. 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)] 23.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.0259(10)] &[15A NCAC 02B.0506(b)(2)] 24. 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)] ppWkraal of Irtva�i[`fib 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:60706A96-724B-4E41-AC72-907C7E027752 25.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. 26. 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)] 27.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] 28. 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: (919)431-3000,Facsimile: (919)431-3100 ppWkraal of Irtva�i[`fib 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:60706A96-724B-4E41-AC72-907C7E027752 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 919-707-3873. Sincerely, DocuSigned by: vVkit A, 9C9886312DCD474... Linda Culpepper,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 File Copy ppprkrsal cl ImsvinlRrfiy 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:60706A96-724B-4E41-AC72-907C7E027752 -ov, STATE 'few -ey1', No ROY COOPER. u ¢- , = I, Governor ,, 4 MICHAEL S.REGAN „` �a.� , 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 7 NorthNorth Carolina DeSalisburypartmentStreet of1617 EnvironmentalMailService Center R Quality I Division aleigh of WaterNorthCarolina Resou27rces699-1617 NORTH CAROLINA �►vJ/ 512 I , baaannem or Environmental Gmbh, 919.707.9000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4135 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT NUMBER 14(LINEAR TRANSPORTATION PROJECTS),AND • REGIONAL GENERAL PERMIT 198200031 (NCDOT BRIDGES,WIDENING PROJECTS, INTERCHANGE (IMPROVEMENTS) Water Quality Certification Number 4135 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 Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the US Army Corps of Engineers regulations and Regional General Permit 198200031. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By for Linda Culpepper Interim Director GC4135 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources(DWR): a) If any of the conditions of this Certification (listed below) cannot be met; or b) Any temporary or permanent impacts to wetlands, open waters and/or streams, except for construction of a driveway to a single family residential lot that is determined to not be part of a larger common plan of development, as long as the driveway involves a travel lane of less than 25 feet and total stream impacts of less than 60 feet, including any topographic/slope stabilization or in-stream stabilization needed for the crossing; or c) Any stream relocation or stream restoration; or d) Any high-density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built-upon area;and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state-approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally- implemented stormwater programs and projects that satisfy state or locally- implemented stormwater programs through use of community in-lieu programs require written approval; or e) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, or North Carolina or National Wild and Scenic River. f) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as Trout except for driveway projects that are below threshold (b) above provided that: i. The impacts are not adjacent to any existing structures ii. All conditions of this General Certification can be met, including adherence to any moratoriums as stated in Condition #10; and iii. A Notification of Work in Trout Watersheds Form is submitted to the Division at least 60 days prior to commencement of work; or g) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or h) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or 1 e.g.Coastal Counties, HQW,ORW,or state-implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES,Water Supply Watershed,Nutrient-Sensitive Waters,or Universal Stormwater Management Program Page 2 of 11 GC4135 i) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i. The activities are listed as "EXEMPT" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23 Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)] 2. For road and driveway construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 3. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] 4. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high- density projects that trigger threshold item (d) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] Page 3 of 11 GC4135 a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high-density development requirements of 15A NCAC 02H .1003. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Page 4 of 11 GC4135 Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. 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] 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, WS-I, WS-II, 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 Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201] Page 5 of 11 GC4135 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Page 6 of 11 GC4135 Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required,they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site-specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)] Page 7 of 11 GC4135 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 19. Applications for rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Page 8 of 11 GC4135 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A NCAC 01C .0107(a)] 24. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non- Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all 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 DWR determines that such standards or laws are not being met, including 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, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 26. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] Page 9 of 11 GC4135 27. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] 28. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29. If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. Page 10 of 11 GC4135 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. History Note: Water Quality Certification (WQC) Number 4135 issued December 1, 2017 replaces WQC Number 4088 issued March 3, 2017; WQC 3886 issued March 12, 2012; WQC Number 3820 issued April 6, 2010; WQC Number 3627 issued March 2007; WQC Number 3404 issued March 2003; WQC Number 3375 issued March 18, 2002; WQC Number 3289 issued June 1, 2000; WQC Number 3103 issued February 11, 1997; WQC Number 2732 issued May 1, 1992; WQC Number 2666 issued January 21, 1992; WQC Number 2177 issued November 5, 1987. Page 11 of 11 I iighwi yi North Carolina Department of Transportation k Sioniall Highway Stormwater Program '- L. STORMWATER MANAGEMENT PLAN �"o,^^/ (Version 2.08;Released April 2018) FOR NCDOT PROJECTS WBS Element: 47617.1.1 TIP No.: B-5980 County(ies): Nash Page 1 of 1 General Project Information WBS Element: 47617.1.1 TIP Number: B-5980 Project Type: Other Date: 2/22/2019 NCDOT Contact: Jake Green,PE,PLS Contractor/Designer: Dennis Hoyle,PE,PLS/AECOM Address: 509 Ward Blvd. Address: 701 Coroporate Center Dr. PO Box 3165 Suite 475 Wilson,NC 27895 Raleigh,NC 27607 Phone:252-640-6420 Phone: 919-854-7748 Email: 'cgreen@ncdot.gov Email: Dennis.Hoyle@aecom.com City/Town: Rocky Mount,NC County(ies): Nash River Basin(s): Tar-Pamlico CAMA County? No Wetlands within Project Limits? No Project Description Project Length(lin.miles or feet): 0.69 I _Surrounding Land Use: Commercial,residential,and agricultural mix j 1.1. Proposed Project a Existing Site mll Project Built-Upon Area(ac.) 9.4 ac. 8.1 ac. Typical Cross Section Description: Two lane roadway with 12'lanes and paved shoulders. Diamond interchange of 1-95 and Two lane roadway with 12'lanes and grassed shoulders. Existing trumpet interchange NC 4 utilizing two round-a-bouts. of 1-95 and NC 4. Annual Avg Daily Traffic(veh/hr/day): Design/Future: 39,700 Year:2040 Existing: 27,500 Year: 2017 General Project Narrative: The North Carolina Department of Transportation(NCDOT)proposes to replace Bridge No.630203 over 1-95 and make improvements to the 1-95 and NC 4 interchange(exit (Description of Minimization of Water 145).The project is located north of Rocky Mount in Nash County(see Figure 1).The proposed action is listed in the NCDOT 2018-2027 State Transportation Improvement Quality Impacts) Program(STIP)as project number B-5980,and is included in the Upper Coastal Plain Rural Planning Organization's(RPO)Draft STI P5 Project list.The project is described as "interchange improvement to remove tight radius ramp to accommodate trucks due to CCX[intermodal terminal]project." The design will replace the existing trumpet interchange at 1-95 and NC 4 with a new diamond interchange. No improvements will be made to 1-95. Existing drainage patterns are maintained utilizing grassed channels wherever possible throughout project. Only one site of jurisdictional stream and buffer impact due to a proposed rip rap outlet pad. Only one site of wetland impacts due to pavement removal. Waterbody Information Surface Water Body(1): UT to Giles Branch NCDWR Stream Index No.: 28-78-4 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: Nutrient Sensitive Waters(NSW) Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: SB Buffer Rules in Effect: Tar-Pamlico Project Includes Bridge Spanning Water Body? No Deck Drains Discharge Over Buffer? N/A Dissipator Pads Provided in Buffer? N/A Deck Drains Discharge Over Water Body? N/A (If yes,provide justification in the General Project Narrative) (If yes,describe in the General Project Narrative;if no,justify in the (If yes,provide justification in the General Project Narrative) General Project Narrative) / \ See Sheet 1-A For Index of Sheets STATE OF NO I' T H C A ID O L I N A STATE STATE PROJECT REFERRNCR NO. BHNO. SIMMS 88T 0-, See Sheet 18 For Conventional Symbols DIVISION OF HIGHWAYS STATEB-5980 / ` STATE PRO,.NO. F.A.PROI.NO DESCRIPTION 47617.1.1 NHP-1552(005) PE ;, N 1546 47617.2.1 NHP-1552(005) ROW/UTILITIES END CD m 47617.3.1 NHP-1552(005) CONSTRUCTION PROJECT ASH COUNTYBESRd1 r 00 1547 In LOCATION: 1-95 INTERCHANGE IMPROVEMENTS ''______ AT HALIFAX ROAD (SR 1544) i+ Z1 BEGIN 1,4 s 1 400, vparos I c A� PROJECT AnSiOF ���M[�' Anti • • BEGIN TYPE OF WORK: GRADING,DRAINAGE,PAVING, UTILITY CONSTRUCTION, 1 :yk��lista iaillr�`��„� l~ PROJECT r AND STRUCTURES 1544 V : OCKY MOUNT * " r# 4 " "lTR A' ND 'AND '1JRFACE WATER IMPACTS PERMIT O ----t . 2314 BEGIN CONSTRUCTION 0 -Yl- STA.15+00.00 FEBR UARY 2019 VICINITY MAP NOT TO SCALE \. .i BEGIN CONSTRUCTIONPIS �1 -Y1- STA.15+00.00 G��O Ty0 , 6?S '� BEGIN BRIDGE BEGINRA STA.23+00.00 CONSTRUCTION APO hgI7F U Yl- STA.41+722 /- E..4 SA _ Alt- i -L- STA.59+00.00 LA = _GW- -L1- STA.58+10.57 (30'LT)LB = -L2- STA.57+88.82 (30'RT)LB BEGIN TIP PROJECT B-5980 -Ll- STA.27+17.92 ' ...\ A _..__ B 6� ► -L- I-95�= 1111 - TO ROANOKE RAPIDS -11-1-q5 _ ---- Mi, �� 0 �� • W 1ZOCKY , 1O SITE 1 D 3 � SITE 2 \1 r II o , END BRIDGE c -Y1- STA.44+03.2-6/- O \O* I Y3- NC 4 /NC 48 EL-DSTAP64+0JECT 50.07 PERMIT DRAWING6-5980 In BEGIN CONSTRUCTION-RPC- STA.14+00.00 �� SHEET Ol OF 05 ' A THIS IS A CONTROLLED ACCESS PROJECT WITH ACCESS CD SUBMITTAL:RIGHT OF WAY PLANS a, ...NI LIMITED TO INTERCHANGES DATE: JANUARY 11,2019 v CLEARING ON THE PROJECT SHALL BE TO THE LIMITS ESTABLISHED USING METHOD III DOCUMENT NOT CONSIDERED FINAL END CONSTRUCTION UNLESS ALL SIGNATURES COMPLETED * -Y1- STA.55+80.07 : E4• V Prepared in the Office of: GRAPHIC SCALES DESIGN DATA PROJECT LENGTH NC FIRM LICENSE No:F-0342 HYDRAULICS ENGINEER �C0M 701 CorporaRote Center Drive,Suite 475 ADT 2017 = 27,500 leign,Nc 27607 50 25 0 50 100 (919)854-6200 - (919)854-6259(FAX) ®F moan, z ADT 204 K0 69,700 2018 STANDARD SPECIFICATIONS ��°� �40 0 PLANS D = 55 % LENGTH ROADWAY TIP PROJECT B-5980 = 0.690 MILES LAURA C. FISHER,P.E. SIGNATURE: PE PROJECT ENGINEER ` 50 25 0 50 100 RIGHT OF WAY DATE: T = 17 % ROADWAY DESIGN Ww I 1 111 V = 75 MPH JANUARY 2019 KIMBERLY A. KOIVUNIEMI, P.E ENGINEER 1- a PROFILE (HORIZONTAL) D D TOTAL LENGTH OF TIP PROJECT B-5980 = 0.690 MILES PROJECT DESIGN ENGINEER �4 �' Neez TTST 15/0 + DUAL 2/0 O LETTING DATE: ®� B�a���® L.LaN 10 5 0 10 20 FUNC CLASS=INTERSTATE — I 1 111 STATEWIDE TIER SEPTEMBER 2019 RUSSELL BROADWELL, P.E. �� \ PROFILE (VERTICAL) PROJECT DESIGN ENGINEER PE. �� / \ J\ SIGNATURE: /\ // qff B Ea°8° E WxL 0.xo 3626'449E Dw,r Deusx '72 .n i D L ETAL3 'n� .per ...w crux \ I Lw�MDaPRBI.6 PLUS E fir--_ // _ _ .� J :� 1 rr� I«, �,.. s Iti55<‘ HYDRAULI' DESIGN E IS�IE�. .... p9 0 REDLINE PLANS N h O /• ■■ wilib: °wD oFfuL s DETAIL DETAIL x nOC4YR• ••, O N f54 PT2'E ►�+Jl !MEOW ♦! DE4./ a aa....w .a" u L 26. �... cx u + N 4528 42SWr• � PERMIT DRAWING M Far /i�l �a�,,:"-0�x .�„ .�. ,„ .. 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SHEET NO. m in _ _ B-5980 CONC ROADWAY DESIGN HYDRAULICS CO N / ENGINEER ENGINEER RNV=130.72' / / \� -RRR— ROC St( \ L XI ST/ U G BRI DGli INCOMPLETEUSEFORSIT PLANS W NOT USE FOR tAW ACOVISITION IR RR L TO BE RSMOVF --/ hi _ _ _ —z- - -T -- \ 'P MTL � �QQQJuW�- — s z Z_ s � __.� $� RR/C• J DOCUMENT NOT CONSIDERED FINAL `-� ;A ___ — UNLESS ALL SIGNATURE$COMPLETED -L2- -95 i' z o PERMIT DRAWING "' MINX _ - SHEET 04 OF 05 RQ— N = -- w iiii- ia... __. 2 • -RFC- - -_ U 0 _______ X __ to �� \ —_ in— T — — -_ 1- \ T- S- — — X iiii- T LT T — w R •MERA \ 18" RCP = N _ �- - p ,� - \ �T , 'II �:=1 � \ R _ � RR REMOVE ,'INV=129o78' ��` -I-P12 8 o 3 3' !i `� z ,, R F ....._ ___________ , cv, _ � � = �grAlliMk-;, tq SEAT`=15 — _� Q WOODS R/W 6r \R ` \� y`�`_. X CH 1 TCIA oDITI— MON :� '�A�� p' R/W �� �� i ���,►� INRiW MON SE ` ^ . to — BMX X� - err_. . isTING i�;Y 0,2 IN R/ \, ♦*\ / RiW 48" Ww X X �R 1s �, i _LR^R `��� -TB,— C ������ RR ��� r _sr jr. - , W � _ E��f ir C:3 \\ - 4 \7 '. 0 in :1��SS I RI P RAP 4 vq R� ��'\ O. — GEOTEXTILE Cl- �R \\��� `���\ TIE \0 EXIST C/A F C TIE TO EXIST C/A FED 'iRti R R ������Va , -RFC* ETA. /2 f55o12 Aipa -EEC- STA./0 � SP ECIAL LATERA -• CH RR R\V .\7i\ \:-)) \�� \ \ R r _ PROPOSED 220' C/A FEIUC�E- \?. \\- \������j�� 0 * \\ SITE 1 SITE 2 . ,__,_ , , , , , . . . , , \\ , , , 4 SI DENOTES IMPACTS IN ����� i� RRRR SURFACE WATER R ����' \ RRRi/� ���� NV=130o16_ R DENOTES TEMPORARY \� ����), 4 .�l 20 �i 40 SO 4. R IMPACTS IN SURFACE WATER 4� �����A \ w.< R DENOTES HAND S I T E 2 ? �'��� \ 11111 H(9Q ,-.z CLEARING WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Hand Existing Existing Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural Site Station Structure Fill In Fill In in Clearing in SW SW Impacts Impacts Stream No. (From/To) Size/Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp. Design (ac) (ac) (ac) (ac) (ac) (ac) (ac) (ft) (ft) (ft) 1 L2 39+57 to 39+76 RT 30"WSP <0.01 <0.01 23 10 2 Y2 22+32 to 22+79 RT Pavement Removal <0.01 TOTALS*: <0.01 <0.01 <0.01 23 10 0 *Rounded totals are sum of actual impacts I NOTES: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 02/22/2019 NASH COUNTY B-5980 47617.1.1 Revised 2018 Feb SHEET 5 OF 5 / \ See Sheet 1-A For Index of Sheets STATE OF N O is T H C A ID O L I N STATE STATE PROJECT RRPRRRN°R NO. BH88T MS 0-, See Sheet 18 For Conventional Symbols DIVISION OF HIGHWAYS STATEB-5980 / ` STATE PROS NO. P.A.PROI.NO DESCRIPTION 47617.1.1 NHP-1552(005) PE ;, N 1546 47617.2.1 NHP-1552(005) ROW/UTILITIES END CD m 47617.3.1 NHP-1552(005) CONSTRUCTION PROJECT ASH COUNTYBEBRd1 r 00 1547 In LOCATION: 1-95 INTERCHANGE IMPROVEMENTS ______ AT HALIFAX ROAD (SR 1544) i+ Z1 BEGIN 11451 400, vpa�P.mpurat ,N PROJECT An$iOF ���M[�' Anti • • BEGIN TYPE OF WORK: GRADING,DRAINAGE,PAVING, UTILITY CONSTRUCTION, 1 :yk��lista iaillr�`��„� l~ PROJECT iAND STRUCTURES 41544VKX MOUNT ��r#" W mod. , \ O t`a\�Fa* 4 p. 2314� / BEGIN CONSTRUCTION BUFFER - " ... " --- 'MIT O / 1 -Y1- STA.15+00.00 ei4 VICINITY MAP APRIL 2019 NOT TO SCALE � � BEGIN CONSTRUCTION SPlaill 1 -Y1- STA.15+00.00 Gi�O 1O , 9,?S '� BEGIN BRIDGE BEGINRA STA.23+00.00 CONSTRUCTION �P� Aid U -Yl- STA.41+722h/- SR I Rp /PP iSiir -L- STA.59+00.00 LA = _OW- -L1- STA.58+10.57 (30'LT)LB = -L2- STA.57+88.82 (30'RT)LB BEGIN TIP PROJECT B-5980 -Ll- STA.27+17.92 ' ...\ A B _..__ 6 1por 4 , -L- 1-95 -Ll_'_g5 �� i TO ROANOKE RAPIDS �i 1� 3 mylIPAW----- . For- COCKY \\ t iO SITE 1 D 3 u 0 1 END BRIDGE a -Y1- STA.44+03.2-i/- 'O^ a � I 'Y3- NC 4 /NC 48 ENDST IP PROJE T B-5980PERMIT DRAWING BEGIN CONSTRUCTIONRPC- STA.14+00.00 �: SHEET Ol OF 04 �' A V THIS IS A CONTROLLED ACCESS PROJECT WITH ACCESS CD SUBMITTAL:RIGHT OF WAY PLANS LIMITED TO INTERCHANGES DATE: JANUARY 11,2019 CLEARING ON THE PROJECT SHALL BE TO THE LIMITS DOCUMENT NOT CONSIDERED FINAL ESTABLISHED USING METHOD III END CONSTRUCTION UNLESS ALL SIGNATURES COMPLETED * -Y1- STA.55+80.07 : E4• V Prepared in the Office of: GRAPHIC SCALES DESIGN DATA PROJECT LENGTH NC FIRM LICENSE No:F-0342 HYDRAULICS ENGINEER —COM 701 Corporate Center Drive,Suite 475 ADT 2017 = 27,500 Raleigh,NC 27607 50 25 0 50 100 (919)854-6200 - (919)854-6259(FAX) F NONg� z ADT 204 K0 69,700 2018 STANDARD SPECIFICATIONS ��°�® � ®�� 0 PLANS D = 55 % LENGTH ROADWAY TIP PROJECT B 5980 = 0.690 MILES LAURA C. FISHER,P.E. SIGNATURE: PE N (q� PROJECT ENGINEER `50 25 0 50 100 RIGHT OF WAY DATE: � M ., T = 17 % * ROADWAY DESIGN Ww I 1 111 V = 75 MPH JANUARY 2019 KIMBERLY A. KOIVUNIEMI, P.E ENGINEER a PROFILE (HORIZONTAL) * o TOTAL LENGTH OF TIP PROJECT B-5980 = 0.690 MILES PROJECT DESIGN ENGINEER �4 �' Neez TTST 15% + DUAL 2/0 O LETTING DATE: ®� B�a���® L.LaN 10 5 0 10 20 FUNC CLASS=INTERSTATE — I 1 111 STATEWIDE TIER SEPTEMBER 2019 RUSSELL BROADWELL, P.E. �� PROFILE (VERTICAL) PROJECT DESIGN ENGINEER PE, �� \ / \ SIGNATURE: /\ // ., °qB Ea°�°" e�xF 0."0 3626449E / "w,voe"e" xvowau / .�n�,- / D,LI •ETAl3 E.J.L...y.""r" uru" \ I iw�MoaPRB 1'6 PLU S rr. «, � .a.. ,�Iti HYDRAULI' DESIGN E LIS�I�. - .. LI - o"�.,-:r.o.I.,TO S.n... a a p9 a REDLINI PLANS ��s� .Go..,.... 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SHEET NO. m _ _ _ _ B-5980 O L /` n 1 �U C— ROADWAY DESIGN HYDRAULICS LC O N V / ENGINEER ENGINEER \NV=I30e72' \� 00 EXIST/NG BRIDGE IIN�® EFOR 5/ �� DNS DU NOT USE FOR tAW ACOVISITION TO BE REMOVES _z- _T —_ -- \\/C• J DOCUMENT NOT CONSIDERED FINAL ;A ___ — UNLESS ALL SIGNATURES COMPLETED -L2- -95 �' z o PERMIT DRAWING "' alit _ - - SHEET 03 OF 04 1- gyp '� W _ �o `� _ � __ _ _ - - _ N —� .\ maki — —_ T - -S 1 T =r- ,� — LU W M-s 1 ■ L T T — v> — — - Aimi _ R���� �O =,ERA \ 18" RCP = NC1 aT r— O ,--- , ' T vabliMilb-- 'ItN ) \ REMOVE ,'INV=129.78' CO � �`` � .:. ♦ti •. ,-�+� - SEAT-15 . � — — — —i Q WOODS �-:o•.o�����.®,.,.,.,.,.,.� cis.k�_ _ fiS_ 1� X T C IAA D ITC H A N — BZ MONX Wylr0.20' R/w •�°�i ` � / /N RWWM0N SE ` qg�X vvvv I-I - - - - gam ` �'C'1 ------ - * / il1/446------------' -_________________ sr 1 ---�nrr: r -Cass I RIP RAP ti� `v �� �� ��� _ `0. Q 81�a� rr GEOTEXTILE v�� \����ii,�\ B Y 111 TIE.O EXIST C/A F ACC TIE TO EXIST C/A EEC ti� \(� �Vj�ha'�\\ -RPC= STA. I2+55.12me RPC STA./0 ... \ \\, � �\\�� SPECISE5DAL LATERA -• CH \ ♦\ - ` , PROPOSED 220/ C/A FENCt \ \\0 \ �� \\- , *\* \ .A ,,,- \\ JONATHAN D. SMITH FAMILY TRUST � ��� \ � DB 2700 PG 266 \ '�����. SITE 1 , \ , .,„, , \ .- MITIGABLE IMPACTS ZONE 1 I , � ��� NV=130o16 40 20 0 /40 80 ` A \ w.„ XMITIGABLE IMPACTS ZONE 2 = • ,‘ \� �� -�z ..= SCALE `k ��� �A II_A .4.v. RIPARIAN BUFFER IMPACTS SUMMARY IMPACTS BUFFER TYPE ALLOWABLE MITIGABLE REPLACEMENT Site Station Structure ROAD PARALLEL No. (From/To) Size/Type BRIDGE ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 CROSSING IMPACT (ft2) (ft2) (ft2) (ft2) (ft2) (ft2) (ft2) (ft2) 1 L2 38+52 to 40+07 RT Roadway and 30"WSP x 1539 1258 2797 TOTALS*: I 0 I 0 I 0 I 1539 I 1258 2797 0 I 0 NOTES: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 04/04/2019 NASH COUNTY B-5980 47617.1.1 Revised 2018 Feb SHEET 4 OF 4