20210986ver2-401

DocuSign Envelope ID: C8D402C0-858F-4FCD-9974-CB19864D7A4E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Brandon H. Jones, PE, Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
NORTH CAROLINA
Environmental Quality
December 2, 2022
DWR # 20210986 ver.2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT TIP #W-5601EY: NC Hwy 42 at SR 2727, Wake County.
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water
Resources (Division) on November 1, 2022. These impacts are covered by the attached Water Quality General Certification
Number 4135 and the conditions listed below. This certification is associated with the use of 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. This approval replaces the one issued on August 3, 2021.
The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the
conditions listed in the general certification and to the additional conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [I 5A NCAC
02H .0506(b)]
Stream Impacts in the Neuse River Basin
Site
Permanent Fill in Perennial
Stream (linear ft)
Riprap Stabilization in
Perennial Stream (linear ft)
Temporary Dewatering to
Perennial Stream (linear ft)
Total Stream
Impact (linear ft)
3
30
60
23
113
5
67
55
27
149
Total
97
115
50
262
Total Stream Impact for Project: 262 linear feet.
Wetland Impacts in the Neuse River Basin
Site
Permanent Fill ac
Mechanized Clearing ac
Total Wetland Impact (ac)
Total
0.07
0.12
0.19
Total Wetland Impact for Project: 0.19 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)].
D Q
25 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINq
919.707.9000

DocuSign Envelope ID: C8D402C0-858F-4FCD-9974-CB19864D7A4E
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional
conditions itemized 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 DWR 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 impacts to 0.19 acres of wetlands is required. We understand that you have chosen to perform
compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly
NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated July 23, 2021
that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -
referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010.
2. 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)]
3. 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)]
4. 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. [15A NCAC 02H.0506(b)(2)]
5. 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]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
13. 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)]
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA ��` 919.707.9000
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DocuSign Envelope ID: C8D402C0-858F-4FCD-9974-CB19864D7A4E
15. 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]
16. 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)]
17. 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)]
18. 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]
19. 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.
20. 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)]
21. 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)]
22. 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)]
23. 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)]
24. 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.
25. 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)]
26. When applicable, all construction activities shall be performed and maintained in full compliance with G. S. Chapter I I3A 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]
North Carolina Department of Environmental Quality I Division of Water Resources
DEQI��
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
1?714,-
919.707.9000
gaparManl of EnWronmanW quay

DocuSign Envelope ID: C8D402C0-858F-4FCD-9974-CB19864D7A4E
27. 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.
If the project occurs in waters or watersheds that contain federally -protected aquatic species, the sedimentation and erosion control
designs shall comply with the requirements set forth in 15A NCAC 04B .0124 (b-e), Design Standards in Sensitive Watershed.
[15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
28. 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)]
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] if you have any questions or concerns.
Sincerely,
DocuSigned by:
Q*4PK,(A
9C9866312DCD474...
Richard E. Rogers, Director
Division of Water Resources
cc:
Eric Alsmeyer, USACE Raleigh Regulatory Field Office
Chris Murray, Project Engineer, Division 5 Planning & Environmental
Heather Montague, Division 5 Environmental Officer
Beth Harmon, Division of Mitigation Services
File Copy
loxD �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA ��` 919.707.9000
�aparManl of EnWronmanW pual

DocuSign Envelope ID: C8D402C0-858F-4FCD-9974-CB19864D7A4E
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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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
Registration No.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA ��` 919.707.9000
�aparManl of EnWronmanW pual