20140998 Ver 1_Approval Letter_20150107

-47*A
NCDENR
Pat McCrory
Governor
January 7, 2015
Mr. Richard W. Hancock, F\E.,Manager
Project Development and Environmental Analysis
North Carolina Department ofTransportation
l500 Mail Service Centcr
Qoleigb,NohhCoroUium,276P9-|598
Donald van der Vaart
Secretary
Subject: 40l Water Quality Certification Pursuant u, Section 40l of the Federal Clean Water Act and ?AR,
P/\ML|C0B0FF6kRmLES,wNh/\[>0lTK)N/\LC0ND|T<ON86rPmpomodrep|ouementsoy0ridgeo
and Culverts ouUS30| io Nash County, Federal Aid Project No. 8RSIP-030|(25), State Project No.
42270. 1.K` TIP #B-5124.
NCDYVR Project No. 20|40998.
Dear Mr. Hancock:
Attached hereto is Certification No. 40\\issued to The North Carolina Department of Transportation (NCDOT)
If we can be of further assistance, do not hesitate to contact us.
Sincerely
P '-T
^
hom 2A. Reeder, irector
Division of Water Resources
Attachments
Electronic copy only distribution:
Tom Steffens, Q0 Army Corps o[ Engineers, Washington Field Office
ChuJCogAiou, Division Environmental Officer
Colin Mellor, |NC Department oyJmmspwrto(ion
Chris Qi*cn6u6x,NC Department ofTransportation
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
File Copy
1617 Mail Swmice Center, Raleigh, Noah Carolina 276991617
Phone: [phone] \ Internet www,ficdenr.gov

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and TAR -
PAMLICO 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 213.0259. This certification authorizes the NCDOT to impact 4.21 acres of
jurisdictional wetlands, 335 linear feet of jurisdictional streams and 23951 square feet of protected riparian buffers
in Nash County. The project shall be constructed pursuant to the application received September 22, 2014. The
authorized impacts are as described below:
Stream Impacts in the Tar - Pamlico River Basin
Site
Permanent Fill in
Perennial Stream
(linear ft)
Riprap Stabilization to
Perennial Stream
(linear ft)
Temporary Fill in
Perennial Stream
(linear ft)
Total Stream
Impact
(linear ft)
Culvert 70
18
20
32
70
Bridge 85
0
0
56
56
Bridge 141
5
0
12
17
Bridge 151
0
0
73
73
Culvert 161
19
46
54
119
Total
42
66
227
335
Total Stream Impact for Project: 335 linear feet
Wetland Impacts in the Tar - Pamlico River Basin
Site
Permanent
Fill (ac)
Temporary
Fill (ac)
Excavation
(ac)
Mechanized
Clearing (ac)
Total Wetland
Impact (ac)
Wetland Impact
Requiring Mitigation (ac)
Culvert 70
0.25
0
0.02
0.12
0.39
0.39
Bridge 85
0.60
0.02
<0.01
0.50
1.10
1.10
Bridge 141
0.75
0.01
<0.01
0.47
1.24
1.23
Bridge 151
0.40
0.01
<0.01
0.35
0.76
0.75
Culvert 161
0.37
0
<0.01
0.32
0.70
0.70
Total
2.37
0.04
0.04
1.76
4.21
4.17
Total Wetland Impact for Proejct: 4.21 acres.

Tar- Parmlieo Riparian Buffer Impacts
Site
Zone I Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation Required
(using 1.5:1 ratio)
Bridge 141
4681
NIA
2791
N/A
Bridge 151
5698
NIA
2938
N/A
Culvert 161
4623
N/A
3220
NIA
Totals
15002
0
8949
0
Total Buffer Impact for Project: 23,951 square feet.
* NIA = 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 Tar - Pamlico
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 modified application received
September 22, 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 28.0260(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 4.17 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 October 22, 2014 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above - referenced project, in accordance with EEP's
Mitigation Banking Instrument signed July 28, 2010. [ 15A NCAC 2H.0506(h)]
2. 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)
3. 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)]
4. 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 - farmed scour holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
[ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
5. 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)]

6. 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. [I 5A NCAC 02H .0506(b)(3)
7. 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. This condition can be waived with prior approval from the
NCDWR. [15A NCAC 02H .0506(b)(3)
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 NCDWR. if this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact 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)]
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. [I 5A
NCAC 02H.0506(b)(2)]
10. 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)]
11. For all streams being temporarily impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [I 5A NCAC 02H.0506(b)(2)]
12. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission. No in -water work is permitted
between February 15 and June 15 of any year, without prior approval from the NC Division of Water Resources and
the NC Wildlife Resources Commission for Bridges 141 and 151, only. In addition, the permittee shall conform to
the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
[ 15A NCAC 02H.0506(b)(2) and 15A NCAC 04B. 0125]
13. 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]
14. 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 02 H.0506(b)(2)]
15. 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)]
16. 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)]
17. 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)]
18. 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)]
19. 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. [I 5A NCAC 02H.0506(b)(3)]

20. 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)]
21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I 5A NCAC 02H.0506(b)(3)]
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H,0506(b)(3)]
23. 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.02001
24. 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)]
25. 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. [I 5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
26. 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. [15A NCAC 02H.0501 and .0502]
27. 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.
28. 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)]
29. 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)]
30. 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.OXXX(10)]
3l. 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.[ I 5A NCAC 02H.0506(b)(3) and (c)(3)
32. 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 Sinfiace Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
33. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [15A NCAC 02H.6506(b)(3) and (c)(3)
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, '['his Certification shall expire upon the
expiration of the 404 or LAMA 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 8:00am 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 Ilearings 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 7th day of January 2015
DIVISION OF WATER RESOURCES
4
., Fs
Thomas. Reeder, Dir ctor
Division of Water Resources
WQC No. 4011

NCDENR
North Carolina Department mf Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant'
Project Narne:
Date o[ Issuance of4N1 Water Quality Certification:
County:
Donald van der Vaart
Certificate n[Completion
Upomoompk4kmof all work approved within the 4Ul Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to tile 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, h650 Mail Service Center, Raleigh, NC, 376vY-]650. This form
may be returned to Y4CDWRhy the applicant, the applicant's authorized agent, or the project engineer, It is not
necessary »m send certificates from all of these.
Applicant's Certif1cutim
i hereby state that, iotile best of my abilities, due care and diligence
was used io the observation of the construction such that the construction was observed k»bebuilt within substantial
compliance and intent of the 40< Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Agun6{ertifirn/ion
i hereby state that, to the best ofmy abilities, due care and diligence
was used in the observation of the construction such that the construction was observed tw bc built within substantial
compliance and intent of the 40l Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature� Date:
Engineer's Certification
Partial Final
i oma duly registered Professional Engineer im the State qf North
Carolina, having been authorized to observe (periodically, weekly, full tirne) the construction of the project for the
peomiuoc hereby state that, to the best ofmy abilities, due care and diligence was used io the observation ofthe
construction such that the construction was observed to be built within Substantial cornpl iance and intent of the 401
Water Quality Certification and Buffer Qolco' the approved p|uvu and upooiDuaiioon, and other supporting materials.
Signature Registration No, Date
1617 Ma Service Center, Raldg. North Carolina 2769Q M17
Phone! 919-807-6300 � Internet www.t�odetir.gov