20200349 Ver 2_Revised Approval Letter_20210701

DocuSign Envelope ID: BD789E5E-9F1A-4655-8117-DC1F93AA3F5B
''' J5CA73 , y
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ROY COOPER ";a ,-,
Governor `� - '
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JOHN NICHOLSON ,, .ob',
Interim Secretary ems` * ^°�-
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
July 1,2021
Wake County
DWR Project No.20200349 ver 2
SR 1670
CORRECTION to MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER
AUTHORIZATION,with ADDITIONAL CONDITIONS
Mr.Rich Kelly,Director of Engineering Services
City of Raleigh
One Exchange Plaza
Suite 801
Raleigh,NC 27601
Dear Mr.Kelly:
You have our approval,in accordance with the conditions listed below,for the following revised impacts for the purpose of upgrades
and widening to SR 1670 in Wake County:
Revised Stream Impacts in the Neuse River Basin
Site Permanent Fill in Perennial Riprap Stabilzation to Temporary Impact to Total Stream
Stream(linear ft) Perennial Stream(linear ft) Perennial Stream(linear ft) Impact (linear ft) _
1 0 149 0 149
2 57 61 37 155 _
3 15 41 69 125
Total 72 251 106 429
Total Stream Impact for Project: 429 linear feet.
Revised Neuse Riparian Buffer Impacts
Site Zone 1 Impact Zone 1 Buffer Mitigation II Zone 2 Impact Zone 2 Buffer Mitigation
(sq ft) Required (using 3:1 ratio) _ (sq ft) Required(using 1.5:1 ratio)
1 -Greenway 725 N/A 2366 N/A
1 - 7029 N/A 163 N/A
Stabilization
2-Greenway 501 N/A 1999 N/A
2—Utility 0 N/A 0 N/A
2—Road 3417 10251 68 102
2-Temp 2994 N/A 2650 N/A
3 -Greenway 2967 N/A 4309 N/A
3—Utility 0 N/A _ 143 N/A
3—Road 5655 16965 1060 1590
3—Temp. 526 N/A 0 N/A
4—Road 5169 15507 3472 5208
-
5—Utility 0 N/A 0 N/A
Totals 28983 42723 16230 6900
L
Total Revised Buffer Impact for Project: 45213 square feet.
DE � 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
NORTH CAROLINA
oeae ."ieiEn,,O entIw"i"v 919.707.9000

DocuSign Envelope ID: BD789E5E-9F1A-4655-8117-DC1F93AA3F5B
The project shall be constructed in accordance with your application modification request received April 29,2020. After reviewing
your application,we have decided that these impacts are covered by General Water Quality Certification Number 4135. This
certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse
Riparian Buffer Rules(15A NCAC 2B.0233).In addition,you should acquire any other federal,state or local permits before you
proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit. This modification replaces the original Water Quality
Certification dated March 25,2020 and modification dated May 7,2020.
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.0233.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.Mitigation must be provided for the proposed impacts of 14242 square feet of Zone 1 Neuse Riparian Buffers and 4600 square feet
of Zone 2 Neuse Riparian Buffers. The Division has received a Statement of Availability letter from EBX-Neuse I,LLC and
Environmental Banc&Exchange dated February 21,2020 to meet this mitigation requirement.The specific bank site to be debited
may be the Buffalo Branch, Selma Mill,Cedar Grove,Hatley,Ezell,Hannah Bridge, Stone Creek,Meadow Spring,Uzzle,Poplar
Creek,Bucher,or Polecat located in HUC 03020201.Until EBX receives and clears your payment,and proof of payment has been
provided to this Office,no impacts specified in this Certification shall occur.For accounting purposes,this Certification authorizes
payment to EBX to meet the following compensatory mitigation requirement[15A NCAC 02B .0714(12)].
2.Unless otherwise approved in this certification,placement of culverts and other structures in open waters and streams, shall be
placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures.The
applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact the NCDWR
for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
3.If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible
including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided.
Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
4.Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage.
Bioengineering boulders or structures should be properly designed,sized and installed. [15A NCAC 02H.0506(b)(2)]
5.For all streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction contours and
revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
6.The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks,as well as to vegetation responsible for maintaining the
stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native riparian species. [15A NCAC 02H.0506(b)(2)]
7. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by
this certification. [15A NCAC 2B.0233]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000

DocuSign Envelope ID:BD789E5E-9F1A-4655-8117-DC1F93AA3F5B
8 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and revegetated.Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing
season following completion of construction. For the purpose of this condition,maintained buffer areas are defined as areas within the
transportation corridor that will be subject to regular DOT maintenance activities including mowing.The area with non-maintained
buffers shall be permanently revegetated with native woody species before the next growing season following completion of
construction. [15A NCAC 2B.0233]
9.Pursuant to 15A NCAC 2B.0233(6),sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer
without prior approval by the NCDWR. At this time,the NCDWR has approved no sediment and erosion control devices in Zone 1,
outside of the approved project impacts,anywhere on this project. Moreover,sediment and erosion control devices shall be allowed in
Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
10.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]
11.During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S.,or protected riparian
buffers. [15A NCAC 02H.0506(b)(2)]
12. 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)]
13. 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)]
14.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)]
15. 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)]
16.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)]
17. 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)]
18.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)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
20.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]
21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality
Certification and all subsequent modifications, if any, shall be maintained with the on-site project manager. [15A NCAC 02H .0507(c)
and 15A NCAC 02H.0506(b)(2)and(c)(2)]
22. 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]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000

DocuSign Envelope ID: BD789E5E-9F1A-4655-8117-DC1F93AA3F5B
23. 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.
24. 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)]
25. Upon completion of the project(including any impacts at associated borrow or waste sites),the permittee shall complete and return
the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been
completed. [15A NCAC 02H.0502(f)]
26.Native riparian vegetation(i.e.,trees and shrubs native to your geographic region) must be reestablished in the riparian areas within
the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0233 (10)]
&[15ANCAC 02B.0506(b)(2)]
27. 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)]
28.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.
29. 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)]
30.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]
31. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the
requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear
transportation projects,the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites, including contractor-owned or leased
borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply
with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as 303(d)Impaired waters,then the sedimentation and erosion control designs shall
comply with the requirements set forth in 15A NCAC 04B.0124,Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3)
and(c)(3); GC 4135]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000

DocuSign Envelope ID: BD789E5E-9F1A-4655-8117-DC1F93AA3F5B
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty(60)days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm,except for official state holidays. The original and one(1)copy of the petition must be filed
with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings
within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone],Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr.William 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 [e-mail].
Sincerely,
,-DocuSigned by:
-9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Mackenzie Richards,Kimley-Horn
William Sullivan,Kimley-Horn
Katie Merritt,Buffer Banking Coordinator,NC DWR
File Copy
DEj 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
NORTH CARO�1NA
Department of etiironmmmi ou.ury 919,707.9000