20210926 Ver 1_Approval Letter_20211110

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Site
2
4
5
6
7
8
9
10
11
13
Total
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit Head
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
Environmental Quality
November 10, 2021
DWR # 20210926
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT TIP #U-5748: US 401 at SR 2044 & SR 2224, Wake County
Dear Mr. Harris:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) dated November 5, 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 Regional General Permit 50 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 below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Permanent Impact
to Intermittent
Stream (linear ft)
0
0
0
0
110
0
0
0
0
0
110
Stream Impacts in the Neuse River Basin
Temporary Impact Permanent Impact Temporary Impact
to Intermittent to Perennial to Perennial
Stream (linear ft) Stream (linear ft) Stream (linear ft)
0
0
0
0
3
0
0
0
0
0
3
91
34
30
241
0
6
127
118
31
20
698
171
14
19
153
0
39
26
16
12
29
479
Total Stream
Impact
(linear ft)
262
48
49
394
113
45
153
134
43
49
1290
Impacts
Requiring
Mitigation
(linear ft)
0
34
0
241
0
0
127
0
0
0
402
Total Stream Impact for Project: 1290 linear feet.
D_E
NORTH CARouNn
neperdneM of Fnwlr,nmpnNI OneiKY
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
Wetland Impacts in the Neuse River Basin
Site
Permanent Fill (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
1
0.001
0.080
0.081
3
0.030
0.010
0.040
6
0.100
0.030
0.130
8
0.001
0.020
0.021
10
0.040
0.001
0.041
12
0.030
0.010
0.040
Total
0.202
0.151
0.353
Total Wetland Impact for Project: 0.353 acres.
Open Water (Ponds) Impacts in the Neuse River Basin
Site
Permanent Impact to Open
Waters (ac)
Temporary Impact to
Open Waters (ac)
Total Fill in Open Waters
(ac)
10
1.14
0
1.14
Total
1.14
0
1.14
Total Open Water Impact for Project: 1.14 acres.
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 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 the Division of Water Resources 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 402 linear feet of permanent impact to perennial streams is required.
We understand that you have chosen to perform compensatory mitigation for impacts to streams
through use of the Jeffrey's Warehouse Mitigation Site and the Oakwood Cemetery Mitigation Site.
Mitigation for unavoidable impact to Neuse Basin perennial streams shall be provided via deduction of
this amount at these mitigation sites in accordance with 15A NCAC 2H.0506, as stated in your
application and the included debit ledger.
2. Compensatory mitigation for impacts to 0.353 acres of wetlands is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through use of the Pancho
Wetland Mitigation Site. Mitigation for unavoidable impact to Neuse Basin wetlands shall be provided
via deduction of this amount at the Pancho Mitigation Site in accordance with 15A NCAC 2H.0506, as
stated in your application and the included debit ledger.
NORT�D
Department of &Mmnmebl OmJlb\
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
3. The post -construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate
native species. [15A NCAC 02H .0506(b)(2)
4. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes,
vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES
permit NCS0000250 please refer to the most recent version of the North Carolina Department of
Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A
NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
6. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
7. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter
surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H
.0506(b)(3)
8. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an
old bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H
.0506(b)(3)
9. All bridge construction shall be performed from the existing bridge, temporary work bridges,
temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be
floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under
no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H
.0506(b)(3)
10. 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)]
11. 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)]
NORT�D
Department of &Mmnmebl OmJlb\
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
12. 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)]
13. For all streams being impacted due to site dewatering activities or other temporary impacts, the site
shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A
NCAC 02H.0506(b)(2)]
14. 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)]
15. At locations where ponds will be drained, proper measures will be taken to drain the pond with
limited impact to upstream and downstream channel stability as well as to native aquatic species.
Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as
a result of pond draining. If typical pond draining techniques will create significant disturbance to
native aquatic species, additional measures such as collection and relocation may be necessary to
prevent a significant fish kill. NCDOT shall consult with NC Wildlife Resources staff to determine if there
are any sensitive species, and the most appropriate measures to limit impacts to these species. The
permittee shall observe any natural channel re-establishment, or utilize natural channel construction
techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain
stable, and that no additional impacts occur within the natural stream channel as a result of draining the
pond. [15A NCAC 2H.0506(b)(3)]
16. 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. Wetland
areas impacted by temporary clearing shall be stabilized and reseeded with native wetland seed. [15A
NCAC 2H.0506(b)]
17. 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 028.0200]
18. 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)]
19. 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)]
20. 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)]
21. 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)]
NORT�D
Department or Envlr unarm Quality
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
22. 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)]
23. 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)]
24. 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)]
25. 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)]
26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
27. 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]
28. 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)]
29. 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)]
30. 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]
31. 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.
32. 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)]
33. 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)]
D_E
NOFn,a+ oi.n.,
Daaanmenior eo.nonmeniai oaaury
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
34. Native riparian vegetation 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)]
35. 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)]
36. 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.
37. 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)]
38. 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]
39. 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]
NORT�D
Department or Envlr unarm Quality
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
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] or 919-707-8786 if you have any
questions or concerns.
cc:
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
Andy Williams, USACE Raleigh Regulatory Field Office
Heather Montague, NCDOT Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Jason Dilday, NC Department of Transportation
Beth Harmon, Division of Mitigation Services
File Copy
NORT�D
Department of &Mmnmebl OmJlb\
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 43AD68AC-3B5E-4C72-AA9D-88BA25578D3D
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
Date
NORTH DE
oewrtnert ar Ernoimnmmn.i oeawy
Registration No.
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000