20190591 Ver 2_Approval Letter_20210318

DocuSign Envelope ID:77DA8723-2D43-4632-BD59-BB40518598AE
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ROY COOPER s � > : N. i
6 WIGovernor r- p-
DIONNE DELLI—GATTI ` ,a1n , �.'
Secretary �"==
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 18,2021
Nash County
DWR Project No.20190591 ver 2
I-95 &NC 4 Interchange Project
TIP No.B-5980
REAPPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,with
ADDITIONAL CONDITIONS
Mr.Kevin Bowen,P.E.,Division Engineer
NCDOT,Division 4
PO Box 3165
Wilson,NC 27895
Dear Mr.Bowen:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of 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.
N Colina Department of Environmental Quality 1 Division of Water Resources
NORTH CAROUNA�
512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Department of Environment&[Maury 919.707.9000

DocuSign Envelope ID:77DA8723-2D43-4632-BD59-BB40518598AE
The project shall be constructed in accordance with your application received May 7,2019 and renewal request received March 16,
2021. 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 Permits 50 and/or 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 401 Water Quality
Certification replaces the one issued May 13,2019.
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. [15A NCAC 2H.0507(d)(2)].
The permittee shall report to DWR any noncompliance with,or any violation of,stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the
next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. 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. [15ANCAC 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. [15ANCAC 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)]
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)]
ANorth ColinaDepartment of ironment Quality 1 ResourcesD ®®®111/// 512 Northar Salisbury Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617
NORTH CAROLiNA
Department of imaa�mi auai� �� 919.707.9000

DocuSign Envelope ID:77DA8723-2D43-4632-BD59-BB40518598AE
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)]
&[15ANCAC 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)]
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.
Q North Carolina Department of Environmental Quality 1 Division of Water Resources
NORTH CAROLiNA
®®®JJJJIIIn 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Departmentof imnmmnaa�a� � 919.707.9000

DocuSign Envelope ID:77DA8723-2D43-4632-BD59-BB40518598AE
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]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by having
impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A
of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section
401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a
Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days.
Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed
at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000.
One(1)copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC
2H.0500. If you have any questions,please contact Rob Ridings at [e-mail].
Sincerely,
,-DocuSigned by:
O YYI.W C n Yt1Q 1\.,
s`--9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer,US Army Corps of Engineers, Raleigh Field Office
Chad Coggins,Division 4 Environmental Officer
File Copy
N Colina Department of Environmental Quality 1 Division of Water Resources
NORTH CAROUNAD
512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Department of etiironmenr,i ou.ury 919.707.9000

DocuSign Envelope ID:77DA8723-2D43-4632-BD59-BB40518598AE
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
jNsio2rNt
h CnaDepartment of ironment Quality 1 ResourcesNORTH CAROUNADorth Salisburyaroli Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617
Department of Environmentel ou.ury 919.707.9000