20131248 Ver 3_Approval Letter_20140908

A ��O�. , '
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor . Secretary
September 8, 2014
Wake County
DWR Project No. 20131248ver.3
1 -40 Pavement Reconstruction
TIP No. 1 -5338
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Richard W. Hancock,-PE, Manager
NCDOT Project Development & Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699 -1598
Dear Mr. Hancock:
You have ourapproval, in accordance with the conditions listed below, for the following impacts for the purpose of
the I -40 Pavement Reconstruction Project in Wake County:
Stream Impacts in the Neuse River Basin
Site
Permanent
Fill in
Intermittent
Stream
linear ft)
Temporary
Dewatering to
Intermittent
Stream
(linear ft)
Stream
Stabilization to
Intermittent
Stream
(linear ft )
Permanent Fill in
Perennial Stream
(linear ft)
Temporary
Dewatering
to Perennial
Stream
(linear ft)
Stream
Stabilization
to Perennial
Stream
(linear ft)
Total
Stream
Impact
(linear ft)
801
0
0
0
0
61
41
102
1101
0
0
0
10
46
30
86
1102
10
33
32
0
0
0
75
1103
0
0
0
0
27
20
47
1301
0
0
0
10
39
35
84
1302
86
148
20
0
0
0
254
1303
0
13
21
0
0
0
34
1304
0
0
0
0
0
23
23
1501
0
0
0
10
46
32
88
1701
0
0
0
15
( *stream relocation *)
56
0
71
1702
0
32
40
0
0
0
72
1901
0
0
0
10
46
42
98
2101
0
15
20
0
0
0
35
2301
0
0
0
0
110
20
130
2302
0
0
0
0
45
17
62
2802
0
10
20
0
0
0
30
2901
0
0
0
10
17
20
47
3101
0
0
58
0
0
0
58
Total
96
251
211
65
493
280
1396
Total Stream Impact for Project: 1396 linear feet.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX 919 - 733 -1290
Internet. www.rimaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

Wetland Impacts in the Neuse River Basin
Site
Excavation (ac)
Mechanized Clearing (ac)
2002
0
0.02
2201
0
0.01
2501
0
<0.01
2502
0
<0.01
2801
0.03
0
3001
0
<0.0 I
Total
0.03
0.04
Total Wetland Impact for Project: 0.07 acres.
Neuse Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft )
Zone 1 Buffer Mitigation
Required (usin 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio
801
0
0
801
1201
802
8567
N/A
3434
N/A
1101
7756
N/A
_
3566
N/A
1102
7703
N/A
`
2925
N/A
1103
3514
N/A
1220
'N /A
1301
7629
N/A
'
6527
N/A
1302
19071
N/A
6464
N/A
1303
3136
N/A
2950
N/A
1501
8514
N/A
5535
N/A
1701
12556
N/A
x
9149
N/A
1702
6557
N /A
3680
N/A
1901
8870
N/A
2959
N/A
2001
0
N/A
903
N/A
2002
96
288
195
293
2003
0
0
504
756
2005
3274
N/A
838
N/A
2006
60
180
2256
3384
2007
1805
N/A
2289
N/A
2008
0
N /A'"
1161
N/A
2101
1511
N /A,
995
N/A
2201
0
N/A
46
N/A
2301
126
N/A
162
N/A
2302
5458
16374
1194
1791
2303
309
N/A
0
N/A
2304
183
N/A
508
N/A
2305
1301
3903
3748
5622
2306
1988
N/A
595
N/A
2307
2068
N/A
1417
N/A
2308
278
N /A''
1162
N/A
2501
0
N/A
899
N/A
2601
112
N/A
121
N/A
2801
869
N/A
844
N/A
2802
2377
N/A
2332
N/A
2901
4898
N/A
4826
N/A
3001
1903
N/A
1766
N/A
4301
0
0
594
891
4401
0
N/A
89
N/A
Totals
122516
20745
78654
13938
* n/a = Impact Type "allowable ", no mitigation required
Total Buffer Impact for Project: 201170 square feet.

The project shall be constructed in accordance with your application received August 18, 2014. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3885, 3891, and 3893. This certification corresponds to the Nationwide Permits 13, 23 and 33 issued by the Corps
of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (I 5A NCAC 213.0233). 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 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 28.0242(9). For this approval to remain valid, you must adhere to the conditions listed
in the attached certifications and any additional conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 6915 square feet of protected riparian buffers in Zone I and 9292 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 by use ofNCDOT's Marks Creek Mitigation Site. This
certification approves deduction of 34,683 square feet of buffer restoration to satisfy the buffer mitigation
requirements of this project.
2. 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.
3. 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.
4. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless
otherwise approved by this certification.
5. 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.
6. 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.
7. Stream channels 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.
8. 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.

9. 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. -
10. 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.
11. 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.
12. 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.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
14. 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.
15. 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.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. 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.
20. 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.
21. 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.
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.
24. 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 NCDWR when all work included in the 401 Certification has been
completed.

25. 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.
26. 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.
27. 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.
28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
29. Channel relocations shall be completed and stabilized, 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 if requested by DWR.
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: (919) -431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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 919- 707 -8786.
Sincerely,
Thomas A Reeder, Director
Division of Water Resources
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Jim Mason, NCDOT PDEA
File Copy

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
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
1, , 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:
Agent's Certification
Date:
1, , 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:
Engineer's Certification
Partial Final
Date:
1, , 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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location, 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone [phone] \ FAX: [phone]
Internet www.ncwate6uality.org
An Equal opportunity \ Affirmative Action Employer
NorthCarolina
Aahmally