20131282 Ver 1_Approval Letter_20140124

A�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 28, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, NEUSE
BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS for Proposed East End Connector from US 70 to NC 147 in Durham
County, Federal Aid Project No. NHF- 76 -1(2), State Project No.34745.1.1, TIP No U -0071.
NCDWR Project No. 20131282.
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. 3980 issued to The North Carolina Department of Transportation
( NCDOT) dated January 28, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
AThomas A. Reeder
Attachments
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
James Mason, NCDOT NEU
Beth Harmon, Ecosystem Enhancement Program
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location. 512 N Salisbury St. Raleigh, North Carolina 27604
Phone- 919 - 807 -63001 FAX- 919 - 733 -1290
Internet. www.ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with ADDITIONAL
CONDITIONS
THIS CERTIFICATION 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 Division of Water Resources (NCDWR) Regulations
in 15 NCAC 21-1.0500 and 15A NCAC 213.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000.
This certification authorizes the NCDOT to impact 0.21 acres of jurisdictional wetlands, 0.27 acres of isolated
wetlands , 6150 linear feet of jurisdictional streams, 434 linear feet of isolated streams, and 641079 square feet of
protected riparian buffers in Durham County. The project shall be constructed pursuant to the application dated
received December 12, 2013. The authorized impacts are as described below:
Stream Impacts in the Neuse River Basin
Site
Permanent
Fill in
Intermittent
Stream
linear ft)
Bank
Stabilization to
intermittent
Stream
(linear ft)
Temporary
Impact to
Intermittent
Stream
linear ft
Permanent
Fill in
Perennial
Stream
(linear ft)
Bank
Stabilization
to Perennial
Stream
linear -ft)
Temporary
Impact to
Perennial
Stream
linear ft)
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
linear ft
l
412
0
0
0
0
0
412
0
2
673
20
14
0
0
0
707
0
3
410
0
0
0
0
0
410
0
6
0
0
15
0
0
0
15
0
7
0
0
0
665
250
110
1025
915
8
443
0
0
0
0
0
443
0
9
29
43
0
0
0
0
72
0
12
705
42
132
0
0
0
879
0
17
0
0
0
479
61
39
579
540
17A
0
0
56
0
0
0
56
0
17B
0
0
7
0
0
0
7
0
23
0
0
0
280
79
124
483
359
24
104
0
23
0
0
0
127
0
25
168
35
10
0
0
0
213
0
26
50
50
23
0
0
0
123
0
27
0
0
0
0
10
0
10
10
U -1
0
20
0
0
0
0
20
0
Total
2994
210
280
1424
400
273
5581
1824
Total Neuse Basin Stream Impact for Project: 5581 linear feet
Stream Impacts in the Cane Fear River Basin
Site
Permanent
Fill in
Intermittent
Stream
linear ft
Bank
Stabilization to
Intermittent
Stream
linear ft)
Temporary
Impact to
Intermittent
Stream
(linear ft )
Permanent
Fill in
Perennial
Stream
(linear ft)
Bank
Stabilization
to Perennial
Stream
(linear ft )
Temporary
Impact to
Perennial
Stream
(linear ft)
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear ft
20
0
0
0
218
0
17
235
218
21
0
0
0
28
0
0
28
28
22
0
0
0
23
0
0
23
23
28
0
0
0
121
0
20
141
0
29
0
0
0
40
0
0
40
40
30
0
0
0
10
0
0
10
10
31
0
0
0
0
61
22
83
61
32
0
0
9
0
0
0
9
0
Total
0
0
9
440
61
59
569
380
Total Cape Fear Stream Impact for Project: 569 linear feet

Isolated Stream Impacts in the Neuse River Basin
Site
Permanent Fill in
Bank Stabilization to
Temporary Impact
Total Stream
Stream Impacts
0.08
Intermittent
Intermittent Stream
to Intermittent
Impact
Requiring Mitigation
0
Stream linear ft)
(linear ft)
Stream linear ft)
linear ft
linear ft
4
349
70
15
434
0
Total
349
70
15
434
0
Total Isolated Stream Impact for Project: 434 linear feet
Wetland Impacts in the Neuse River Basin
Site
Permanent Fill (ac)
Temporary Fill (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
2
0.08
0
0
0.08
3
0.06
0
0
0.06
8
0.04
0
0
0.04
10
0.01
0.01
0
0.02
11
0
0
0.01
0.01
Total
0.19
0.01
0.01
0.21
Total Wetland Impact for Project: 0.21 acres.
Isolated Wetland Impacts in the Neuse River Basin
Site
Permanent Fill (ac)
Temporary Fill (ac)
Total Wetland Impact (ac)
4
0.05
0
0.05
5
0.06
0
0.06
14
0.08
0
0.08
15
0.03
0
0.03
16
0.05
0
0.05
Total
0.27
0
0.27
Total Isolated Wetland Impact for Project: 0.27 acres.
O en Water (Ponds) Impacts in the Neuse River Basin
Site
Permanent Fill in Open Waters (ac)
13
0.78
18
0.19
Total
0.97
Total Open Water Impact for Project: 0.97 acres.

Neuse Riparian Buffer Impacts
Site
Zone 1
Impact
(sq ft)
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers (not
wetlands)
(sq ft)
Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio )
Zone 2
Impact
(sq ft)
minus
Wetlands
in Zone 2
(sq ft )
= Zone 2
Buffers (not
wetlands)
(sq ft)
Zone 2 Buffer
Mitigation
Required (using-
1.5:1 ratio)
l
41408
2986
38422
115266
26834
431
26403
39604.5
2
22801
2431
20370
61110
15534
268
15266
22899
3
2222
0
2222
N/A
997
0
997
N/A
4
42060
899
41161
123483
34953
969
33984
50976
5
2342
0
2342
N/A
3142
0
3142
N/A
6
61647
0
61647
184941
37348
0
37348
56022
7
24286
616
23670
71010
16780
535
16245
24367.5
8
3438
0
3438
N/A
1805
0
1805
N/A
9
4340
61
4279
12837
6087
132
5955
8932.5
10
977
6
971
2913
1780
0
1780
2670
11
0
0
0
N/A
87
0
87
N/A
12
77205
0
77205
231615
50757
0
50757
76135.5
13
27871
0
27871
83613
20229
0
20229
30343.5
14
7822
0
7822
N/A
3210
0
3210
N/A
15
13171
0
13171
39513
8861
0
8861
13291.5
16
7690
0
7690
N/A
5252
0
5252
N/A
17
36102
0
36102
108306
23110
0
23110
34665
18
2146
0
2146
N/A
1897
0
1897
N/A
U -1
329
0
329
987
1325
0
1325
0
U -2
1706
0
1706
N/A
635
0
635
N/A
U -3
893
0
893
N/A
0
0
0
N/A
Totals
380456
6999
373457
1035594
260623
2335
258288
359907
Total Buffer Impact for Project: 641079 square feet.
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse and Cape
Fear River Basins in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will
not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in
accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application received December 12,
2013. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 150 linear feet, respectively, additional 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.0242(9) . For this approval to remain valid, you are
required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or
local permits before proceeding with your project including (but not limited to) Sediment and Erosion control,
Coastal Stormwater, Non - discharge and Water Supply watershed regulations. This Certification shall expire on the
same day as the expiration date of the corresponding Corps of Engineers Permit.
Conditions of Certification:
1. Compensatory mitigation for 1824 linear feet of impact to streams in the Neuse Basin and 380 linear feet of impact
to streams in the Cape Fear Basin are required. We understand that you have chosen to perform compensatory
mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the
EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated December 10, 2013
that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements
for the above - referenced project, in accordance with the EEP Mitigation Banking Instrument signed July 28, 2010.

2. Compensatory mitigation for impacts to 345198 square feet of protected riparian buffers in Zone 1 and 239938
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement
Program (EEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River
Basin and done in accordance with 15A NCAC 2B.0242(9) . EEP has indicated in a letter dated December 10, 2013
that they will assume responsibility for satisfying the compensatory mitigation requirements for the above - referenced
project, in accordance with EEP's Mitigation Banking Instrument signed July 28, 2010.
3. A copy of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre -
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application dated December 11, 2013. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Resources.
4. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using
appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.)
prior to discharging to surface waters.
5. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity shall be
designed, constructed, and operated with sediment and erosion control measures that meet Design Standards in
Sensitive Watersheds (15A NCAC 413 .0124). However, due to the size of the project, NC DOT shall not be required
to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
6. 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.
7. 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.
8. 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.
9. 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.
10. Any channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir -fiber matting. Vegetation used for bank
stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on
both sides of the relocated channel to the maximum extent practical. Also, rip -rap may be allowed if it is necessary to
maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of rip -rap coverage requested.
11. 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. 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.

12. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless
otherwise approved by this certification.
13. 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.
14. 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 I, 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 I is not
compromised and that discharge is released as diffuse flow.
15. Any modifications to this 401 Water Quality Certification in the Jordan Basin portion that propose additional
stream impacts or increased impervious surface requiring additional stormwater management may be subject the
Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR
prior to submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy.
This condition does not apply to major modifications for additional sections of the project that were covered under the
Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project.
16. 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.
17. 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.
18. 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.
19. 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.
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
21. 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.
22. 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.
23. 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.
24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
26. 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.

27. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
28. 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.
29. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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.
30. 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.
31. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.
32. 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 NCDWR when all work
included in the 401 Certification has been completed.
33. 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.
34. 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.
35. 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:
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.
36. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.

Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and /or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and /or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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:OOam and 5:OOpm, 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
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 28th day of January 2014
DIVISION OF WATER RESOURCES
�r (� Thomas A. Reeder
WQC No. 3980