20211356 Ver 1_Approval Letter_20210914

DocuSign Envelope ID:74667F63-1860-4832-B379-E3EF84515647
j0 STATE 46,0, i1
ROY COOPER. ;,�Is off;
Governor
�2
ELIZABETH S.BISER rt ,an.. _
Secretary 4` _
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
September 14, 2021
DWR#20211356
Halifax County
Mr. Kevin Bowen, PE
NCDOT Division 4
PO Box 3165
Wilson, NC 27895
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT TIP# HE-0003:SR 1710, Halifax County, Roanoke Basin
Dear Mr. Bowen:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources on September 13, 2021. These impacts are covered by the
Water Quality General Certification Number 4135 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S.Army Corps
of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Stream Impacts in the Roanoke River Basin
Site Permanent Fill in Perennial Temporary Impact to Perennial Total Stream Impact
Stream (linear ft) Stream (linear ft) (linear ft)
2 4 46 50
Total Stream Impact for Project: 50 linear feet.
Wetland Impacts in the Roanoke River Basin
Site Permanent Fill Excavation Mechanized Hand Clearing Total Wetland
(ac) (ac) Clearing(ac) (ac) Impact(ac)
Total 0.12 0.01 0.05 0.03 0.21
Total Wetland Impact for Project: 0.21 acres.
D_E North
512North CaroSalisburylina DepartmeStreetnt of 17MavironmentailService CeE Quanlityter Raleigh j Division of WaterNorthCaro Resources
, 699-1617
NORTH CAROLINA
Department of innmemaio.ircr 919.707.9000

DocuSign Envelope ID:74667F63-1860-4832-B379-E3EF84515647
This approval is for the purpose and design described in your application.The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the Water Quality General Certification or with
the additional conditions itemized below,you must notify the DWR Transportation Permitting Branch
within 24 hours (or the next business day if a weekend or holiday)from the time the permittee becomes
aware of the circumstances.
The permittee shall report to DWR any noncompliance with, and/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.
Additional Conditions:
1. Compensatory mitigation for impacts to 0.13 acres wetlands is required. We understand that you have chosen
to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation
Services(DMS) (formerly NCEEP),and that the DMS has agreed to implement the mitigation for the project. DMS
has indicated in a letter dated September 7, 2021 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with
DMS's Mitigation Banking Instrument signed July 28,2010.
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. 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)]
4. For all streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5.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)]
6. Pipes and culverts used exclusively to maintain equilibrium in wetlands,where aquatic life passage is not a
concern,shall not be buried. These pipes shall be installed at natural ground elevation. [15A NCAC 02H.0506(b)]
7. 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]
D_ ®E QDepartment Quailty I Resourc 512 NorthNorthCarolina SalisburyDeartmeStreet 1617of Mail ServiceEnvironments!Center RaleighDivision,NorthofWater Carolina 27699-1617es
NORTH C ROIJNA
Department of EnvIroninonlal Muddy 919.707.9000

DocuSign Envelope ID:74667F63-1860-4832-B379-E3EF84515647
8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S..
[15A NCAC 02H.0506(b)(2)]
9.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)]
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)]
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 026.0200]
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 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.
D_E Q 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 C ROIJNA
Department or ammnmenlai nralltv 919.707.9000

DocuSign Envelope ID:74667F63-1860-4832-B379-E3EF84515647
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 (or whomever is the authorized agent if a non-NCDOT project) 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.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.
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 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 028.0200]
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
D_ ®E QDepartment En Qua!!ty I Resourc 512 NorthNorthCarolina SalisburyDeartmeStreet of 1617 Mail Servicevironments!Center Division Raleigh,NorthofWater Carolina 27699-1617es
NORTH C ROIJNA
Department of EnvIroninonlal nerdy 919.707.9000

DocuSign Envelope ID:74667F63-1860-4832-B379-E3EF84515647
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 [phone].
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 under section 401 of the Clean Water Act and 15A NCAC
02H.0500. Please contact Rob Ridings at [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc:
Byron Bateman, NCDOT Division 4 Environmental Officer
Tom Steffens, USACE Washington Regulatory Field Office
Beth Harmon, Division of Mitigation Services
File Copy
D - Department En QnaEity I Resourc
®Jln 512 NorthNorthCarolina SalisburyDeartmeStreet of 1617 Mail Servicevironments!Center RaleighDivision,NorthofWater Carolina 27699-1617es
NORTH C ROIJNA
Department or ammnmenlai Muddy 919.707.9000

DocuSign Envelope ID:74667F63-1860-4832-B379-E3EF84515647
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