20140914 Ver 1_Approval Letter_20141023

fA
_A
NCDENR
North Carolina Department of Environment and Natural Resources
a
Pat McCrory John E. Skvarla, III
Governor Secretary
October 23, 2014
T.M. Little, PE, Division Engineer
NCDOT Division 4
PO Box 3165
Wilson, NC 27895
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed improvements to US 70
Interchanges with Bus 70 /SR 2308 and SR 2310 in Johnston County, Federal Aid Project No. STP -NHS-
0070(1 17), State Project No. 41871.1.1, TIP No. W -5107.
NCDWR Project No. 20140914
Dear Mr. Little:
Attached hereto is a modification of Certification No. 4006 issued to The North Carolina Department of
Transportation ( NCDOT) dated October 23, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thomas A. Re ,
ede Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Environmental Officer
Jason Elliott, NCDOT, Natural Environment Section
Beth Harmon, Ecosystem Enhancement Program
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -63001 Internet. www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES 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 2H .0500 and 15A NCAC 213 .0233. This certification authorizes the NCDOT to impact 3.35 acres of
jurisdictional wetlands, 1741 linear feet of jurisdictional streams and 137231 square feet of protected riparian
buffers in Johnston County. The project shall be constructed pursuant to the modification dated received August 21,
2014. The authorized impacts are as described below:
Stream Impacts in the Johnston River Basin
Site
Permanent
Fill /Loss of
Perennial Stream
(linear ft)
Channel
Relocation /Improvement
to Perennial Stream
(linear ft)
Streambank
Stabilization to
Perennial Stream
(linear ft)
Temporary
Impacts to
Perennial Stream
(linear ft)
Total
Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
(linear ft)
2
0
0
0
32
32
0
3
130
297
0
0
427
130
4
81
0
44
92
217
81
5
191
53
0
183
427
191
6
147
0
81
177
405
147
7
18
0
44
171
233
18
Total
567
350 ,
169
655
1741
567
Total Stream Impact for Project: 1741 linear feet
Wetland Impacts in the Neuse River Basin
Site
Permanent
Fill (ac)
'
Excavation
(ac)
Utility Impact
(ac)
Mechanized
Clearing
(ac)
Hand ,
Clearing (ac)
Total Wetland
Impact (ac)
Wetland Impacts
Requiring
Mitigation (ac)
1
0.03
0
0
0.05
0
0.08
0.08
3
0.83
0.25
0
0.51
0
1.59
1.59
4
0.94
0.02
0.20
0.25
0
1.41
1.21
7
0
0
0.06
0
0.18
0.24
0
Total
1.80
0.27
0.26
0.84
0.18
3.35
2.91
Total Wetland Impact for Project: 3.35 acres.

Zone 1 Neuse Riparian Buffer Impacts
Site
Total Zone
1 Buffer
Impact
(sq ft)
minus
Wetlands in
Buffer
(sq ft)
= Buffer
(not wetlands)
Impact
(sq ft)
minus
On -Site Buffer
Restoration
(sq ft)
= Mitigable Buffer
Impacts
(sq ft)
Zone 1 Buffer Mitigation
Required
(using 3:1 ratio)
3
23014
21837
1177
0
1177
3531
4
11534
11534
0
0
0
0
5
27106
0
27106
7292
19814
59442
6
14799
0
14799
5535
9264
27792
7
8025
478
7547
5487
2060
6180
Totals
84478
33849
50629
18314
32315
96945
Zone 2 Neuse Riparian Buffer Im acts
Site
Total Zone
2 Buffer
Impact
(sq ft)
minus
Wetlands in
Buffer
(sq ft)
= Buffer
(not wetlands)
Impact
(sq ft)
minus
On -Site Buffer
Restoration
(sq ft)
= Mitigable Buffer
Impacts
(sq ft)
Zone 2- Buffer Mitigation
Required
(using 1.5:1 ratio)
3
14682
12743
1939
0
1939
2909
4
6703
6703
0
0
0
0
5
17295
0
17295
3363
13932
20898
6
8628
0
8628
3847
4781
7171
7
5445
1215
4230
3559
671
1007
Totals
52753
20661
32092
10769
21323
31985
Total Buffer Impact for Project: 137231 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin 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 dated August 20, 2014.
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 impacts to jurisdictional streams shall be provided by onsite stream relocations of
350 linear feet of perennial stream. The onsite stream relocation shall be constructed in accordance with the design
submitted in your August 20, 2014 application. All on -site mitigation sites shall be protected in perpetuity by a
conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment
Unit mitigation geodatabase. Please be reminded that as- builts for the completed streams shall be submitted to the
North Carolina Division of Water Resources Transportation Permitting Unit with the as- builts for the rest of the
project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation
for the impacts. All channel relocations will be constructed in a dry work area, will be completed and stabilized, and
must be approved on site by NCDWR staff, prior to diverting water into the new channel. Whenever possible,
channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have a
50 -foot wide native vegetated buffer planted on both sides of the stream to the maximum extent practicable, unless
otherwise authorized by this Certification. Vegetation used for bank stabilization shall be limited to native woody
species. All stream banks shall be matted with coir fiber matting. A transitional phase incorporating rolled erosion
control product (RECP) and appropriate temporary ground cover is allowable. The permittee shall visually monitor
the vegetative plantings to assess and ensure complete stabilization of the mitigation stream segments. The
monitoring shall be conducted annually for a minimum of 3 years after final planting. Photo documentation shall be
utilized to document the success of the riparian vegetation and submitted to the NCDWR in a final report within
sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact the NCDWR to schedule a site
visit to "close out" the mitigation site.
2. Compensatory mitigation for an additional 567 linear feet of impact to streams is 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 August 19, 2014 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.
3. Compensatory mitigation for impacts to 2.91 acres of riparian wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands 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 August 19, 2014 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above - referenced project, in accordance with ESP's
Mitigation Banking Instrument signed July 28, 2010.
4. Compensatory on -site mitigation for impacts to protected riparian buffers shall be required. In accordance with
your application, NCDOT will restore onsite 18,314 square feet of Zone I Buffer and 1 0,769 square feet of Zone 2
Buffer. In accordance with 15A NCAC 02B .0242(9), riparian vegetation reestablishment shall include a minimum
of at least 2 native hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity. All
on -site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple
acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. The permittee shall
monitor the buffer mitigation site. The monitoring shall be conducted annually for a minimum of 3 years after final
planting. Photo documentation shall be utilized to document the success of the riparian vegetation, and that diffuse
flow through the riparian buffer has been maintained. Documentation shall be submitted to the NCDWR in a final
report within sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact the NCDWR to
schedule a site visit to "close out" the mitigation site.
5. Compensatory mitigation for impacts to 32315 square feet of protected riparian buffers in Zone 1 and 21323
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
August 19. 2014 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.
6. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
7. 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.

8. 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.
9. 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.
10. 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.
11. All stormwater runoff shall be directed as sheetflow through stream buffers at non- erosive velocities, unless
otherwise approved by this certification.
12. 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.
13. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I 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 I is not
compromised and that discharge is released as diffuse flow.
14. 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.
15. 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.
16. 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.
17. 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.
18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
19. 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.
20. 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.

21. 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.
22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
24. 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.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
26. 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.
27. 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.
28. 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.
29. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery.
30. Upon completion of the project 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.
31. 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.
32.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.
33. 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.
34. 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. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 23rd day of October 2014
DIVISION OF WATER RESOURCES
0�
Thus A. Reeder, Director
Division of Water Resources
WQC No. 4006