20141169 Ver 1_Approval Letter_20150302

�.Mr
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 2, 2015
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
Donald van der Vaart
Secretary
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 17 from south
of Belgrade at SR 1330/SR1439 to the New Bern Bypass in Onslow, Jones, and Craven Counties, TIP R-
2514 B, C, & D.
NCD W R Project No. 20141169v I
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. 004012 issued to The North Carolina Department of Transportation
(NCDOT) dated March 2, 2015.
If we can be of further assistance, do not hesitate to contact us.
Dy.Since ely,
S. Jay Zimmerman, Afng Dir ector v
Division of Water Resources
Attachments
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Gordon Cashin, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, NC Division of Coastal Management
Beth Harmon, Ecosystem Enhancement Program
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: [phone]Internet: www.ncdonr.gov
An Equal Oppommity 1 AffirmaUve 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 2B .0233. This certification authorizes the NCDOT to impact 56.59 acres of
jurisdictional wetlands, 4,679 linear feet of jurisdictional streams and 299,809 square feet of protected riparian buffers
in Onslow, Jones, and Craven Counties. The project shall be constructed pursuant to the application dated received
November 14, 2014 and the additional information received February 2015. The authorized impacts are as described
below:
Stream Impacts in the White Oak and Neuse River Basins
Site
Permanent Fill in
Intermittent
Stream (linear ft)
Temporary Fill in
Intermittent Stream
(linearft)
Permanent Fill in
Perennial Stream
(linear ft)
Temporary Fill in
Perennial Stream
(linear it)
Total Stream
Impact
(linearft)
Stream Impacts
Requiring Mitigation
(linear ft)
Approved Impacts. for Section B
6
__
_-
536
40
576 i
36
13
1,294
74
--
--
1,368
1,294
16
__
__
120
25
145
0
SECTION B TOTAL:
1,294
74 1
656
65
2,089
1,830
Approved Impacts for Section C
17
109
__
._
__
109
0
18
132
20
--
--
152
0
19
106
58
--
--
164
0
22
32
10
--
--
42
0
SECTION C TOTAL:
379
88
1 0
0
467
0
A proved fin pacts for Section
D
1
234
31
--
--
265
234
3
__
-_
5
50
55
0
9
214
20
--
--
234
214
13
242
21
--
--
263
242
15
318
27
--
--
345
318
16
296
21
--
--
317
296
21
644
--
--
--
644
644
SECTION D TOTAL:
1,948
120
5
50
2,123
1,948
Total Approved Impacts for Project
PROJECTTOTAU
3,621
282
1 661
1 115
4,679
3,778
Total Stream Impact for Project: 4,679 linear feet; 3,778 linear feet require mitigation.

Section B Welland Impacts in the White Oak River Basin
Site
Type.
Fill (ac)
Temporary
Fill (ac)
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing (ac)
Total Wetland
Impact (ac)
Impacts Requiring
Mitigation (ac)
Approved
Construction
Impacts
I
Non - riparian
0.27
--
--
0.13
--
0.40
0.40
2
Non - riparian
0.19
--
--
--
--
0.19
0.19
3
Non - riparian
--
--
--
<0.01
--
<0.01
0.01
4
Non - riparian
--
--
--
0.01
--
0.01
0.01
5
Non - riparian
2.06
--
--
0.25
--
2.31
2.31
6
Riparian
1.02
--
--
0.18
--
1.20
1.20
7
1 Non - riparian
0.08
--
0.04
0.02
--
0.14
0.14
8
Non- riparian
0.05
--
--
0.02
--
0.07
0.07
9
Non - riparian
0.03
--
--
<0.01
--
0.03
0.00*
10
Riparian
3.32
0.06
0.38
0.43
4.19
3.70
11
Riparian
0.17
--
--
0.02
--
0.19
0.19
12
Non - riparian
0.01
0.01
--
--
4.02
4.04
0.01
14
Riparian
0.02
0.04
<0.01
0.07
0.07
15
Non - riparian
1.08
--
--
0.14
--
1.22
1.22
16
Riparian
<0.01
0.03
0.03
0.07
0.07
Approved Construction Total:
8.29
T 0.07
0.11
1.21
4.45
14.13
9.59
Approved Utility Impacts
I
Utilities
<0.01
--
--
--
0.09
0.09
0.00
2
Utilities
--
--
--
--
0.02
0.02
0.00
3
Utilities
--
--
--
--
0.09
0.09
0.00
4
Utilities
--
--
--
--
0.01
0.01
0.00
Approved Utility Total:
0.00
0.00
0.00
0.00
0.21
0.21
0.00
SECTION B TOTAL:
8.29
0.07
0.11
1.21
4.66
14.34
9.59
* Site 9 - This feature is considered an agricultural ditch and will not require mitigation.

Section C Wetland Impacts in the White Oak and Neuse River Basins
Site
Type
Fill (ac)
Temporary
Fill (ac)
Excavation
(ac)
Temporary
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing
(ac)
Total Wetland
Impact (ac)
Impacts
Requiring
Mitigation (ac)
Approved Construction
Impacts
1
Non-riparian
3.65
0.42
<0.01
4.08
4.07
2
Non-riparian
0.09
0.04
0.13
0.13
3
Non-riparian
<0.01
0.04
0.02
-
0.06
0.06
4
Non-riparian
6.82
1.43
<0.01
8.25
8.25
5
Non-riparian
0.03
0.11
0.11
-
0.25
0.25
6
Non-riparian
<0.01
0.03
<0.01
0.03
0.03
7
Non-riparian
0.26
0.01
0.08
-
0.35
0.35*
8
Non -ri arian
0.64
0.09
--
0.73
0.73
9
Non-riparian
0.89 1
0.17
--
1.06
1.06
10
Non-riparian
0.95
0.15
-
1.10
1.10
I
Non-riparian
<0.01
0.03
0.03
0.03
12
Non-riparian
0.45
0.05
0.50
0.50
13
Non-riparian
0.34
<0.01
0.11
0.45
0.45
14
Non-riparian
1.52
0.41
-
1.93
1.93
15
Non-riparian
0.05
0.15
0.09
-
0.29
0.29
16
Non-riparian
0.51
0.06
0.16
-
0.73
0.73
17
Riparian
0.01
<0.01
<0.01
- 1
0.01
0.01
20
Non-riparian
1.58
0.2
1.78
1.78
21
Non-riparian
0.23
0.02
-
0.25
0.25
23
Non-riparian
0.01
0.02
-
0.03
0.03
ID
Non -ri arian
0.03
0.03
0.00
2D
Non -ri arian
0.08
0.05
0.13
0.00
TOTAL:
18.02
0.08
0.41
0.00
3.60
0.08
22.20
22.02
Approv ed Utility Impacts
I
OHPL /WL
0.01
0.11
0.35
0.47
0.00
2
OHPL /WL
<0.01
0.10
0.15
0.25
0.00
3
W L
0.01
-
0.03
0.04
0.00
4
OHPL /WL
<0.01
-
0.01
0.01
0.00
5
OHPL /WL
-
0.12
0.12
0.00
6
OHPL /WL
<0.01
0.01
0.00
7
OHPL /WL
0.12
0.12
0.00
8
OHPL
0.01
0.01
0.00
9
OHPL /WL
<0.01
0.04
1 0.04
0.00
10
OHPL /WL
-
0.09
0.09
0.00
I 1
OFIPL
-
0.01
0.01
0.00
12
OHPL
<0.01
0.01
0.00
13
OHPL
--
0.1
0.10
0.00
14
OHPL /WL
<0.01
0.01
0.02
0.03
0.00
15
OHPL /WL
0.01
0.18
0.19
0.00
16
OHPL
-
0.01
0.01
0.00
17
OHPL
-
0.1
0.10
0.00
18
OHPL
-
0.01
0.01
0.00
19
OHPL /WL
_
<0.01
--
0.02
0.02
0.00
20
OHPL /WL
_
<0.01
-
0.02
0.02
0.00
21
OHPL /WL
<0.01
0.02
0.04
0.05
0.00
22
OHPL /WL
<0.01
0.03
0.03
0.00
23
W L
-
0.03
0.03
0.00
24
OHPL /WL
0.02
0.03
0.03
0.00
25
OHPL /WL
-
0.09
0.09
0.00
26
1 OHPL
<0.01
0.01
0.00
28
OHPL
-
0.01
0.01
0.00
29
OHPL
-
0.01
0.01
0.00
Power Poles
0.05
--
-
-
0.05
0.00
TOTAL:
0.00
0.08
0.00
0.29
0.00
1.61
1.97
0.00
Section C Im act Totals
Construction Imp. Total:
18.02
0.08
0.41
0.00
3.60
0.08
22.20
22.02
Utility Impacts Total:
0.00
0.08
0.00
0.29
0.00
1.61
1.97
0.00
SECTION C TOTAL:
1 18.02
1
0.41
0.29
3.60
1.69
24.17
1 22.02"
* An additional 0.06 acres at Site 7 considered to be a total take (not reflected above) wm remain ummpameu uuu uuugMaLcu ai a 1 .

Section D Wetland Impacts in the White Oak and Neuse River Basins
Site
Type
Fill (ac)
Fill (temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing (ac)
Total Wetland
Impact(ac)
Impacts Requiring
Mitigation (ac)
Approved Construction Impacts
2
Non - Riparian
2.49
--
--
0.05
--
2.54
2.54
3
Riparian
0.09
<0.01
--
0.09
0.66
0.84
0.18
4
Riparian
0.76
0.06
0.06
0.12
1.19
2.19
0.94
5
Non-Riparian
0.86
--
--
0.05
--
0.91
0.91
6
Non-Riparian
1.60
--
--
0.13
--
1.73
1.73
7
Non - Riparian
<0.01
--
--
0.01
--
0.01
0.02
8
Non-Riparian
0.23
--
--
0.02
-
0.25
0.25
9
Riparian
0.54
--
--
0.06
--
0.60
0.60
10
Non-Riparian
0.38
--
0.02
--
0.40
0.40
11
Non - Riparian
0.96
--
--
0.09
--
1.05
1.05
12
Non-Riparian
0.31
--
--
0.06
--
0.37
0.37
13
Riparian
0.01
--
--
<0.01
--
0.01
0.02
14
Non-Riparian
0.34
--
--
--
--
0.34
0.34
15
Non-Riparian
0.03
--
--
0.02
--
0.05
0.05
17
Non-Riparian
1.39
--
--
0.16
1.55
1.55
18
Non-Riparian
0.58
--
--
0.10
--
0.68
0.68
19
Non - Riparian
1.35
--
--
0.20
--
1.55
1.55
20
Non-Riparian
0.30
--
--
0.06
--
0.36
0.36
21
Non - Riparian
1.58
--
0.01
0.03
--
1.62
1.62
22
Non - Riparian
0.02
--
--
--
--
0.02
0.02
23
Riparian
0.02
--
0.01
0.03
0.19
0.25
0.06
Approved Construction Total:
13.84
0.07
0.08
1.29
2.04
17.32
15.24
Approved Utility Impacts
I
Aerial Powcr Line
<0.01
--
--
--
0.35
0.35
0.00
2
Acrial Power Line
<0.01
--
--
--
0.40
0.40
0.00
Approved Utility Total:
0.01
0.00
0.00
0.00
0.75
0.75
0.00
S ECTION D TOTAL:
13.85
0.07
0.08
1.29
2.79
18.08
15.24
Total Wetland Impacts in the White Oak and Neuse River Basins
* There is an additional 0.06 acres of impact at Site 7 due to total take reflected above but not reflected in the Section C impacts table
Total Wetland Impact for Project: 56.59 acres; 46.91 acres of which require mitigation.
Open Water Impacts in the Neuse River Basin
Permanent Fill in
Fill
Temporary
Site
Mechanized
Total
impacts
Open Waters ac
Open Waters ac
Waters ac
Section D Site 6
Excavation
Hand
TOTAL
0.03
Section
Fill (ac)
(temporary)
Fxcavation
Clearing
Wetland
Requiring
Inc)
Clearing (ac)
(ac)
(ac)
(ac)
Impact(ac)
Mitigation(ac)
Section B Total:
8.29
0.07
0
0.11
1.21
4.66
14.34
9.59
Section C Total:
18.02
0.16
0.29
0.41
3.60
1.69
24.17
22.08*
Section D Total:
13.85
0.07
0.00
0.08
1.29
2.79
18.08
15.24
PROJECT TOTAL:
1 40.16
0.30
0.29
0.60
6.10
9.14
56.59
46.91
* There is an additional 0.06 acres of impact at Site 7 due to total take reflected above but not reflected in the Section C impacts table
Total Wetland Impact for Project: 56.59 acres; 46.91 acres of which require mitigation.
Open Water Impacts in the Neuse River Basin
Total Open Water Impact for Project: 0.03 acres.
Permanent Fill in
Temporary Fill in
Total Fill in Open
Site
Open Waters ac
Open Waters ac
Waters ac
Section D Site 6
0.03
0.03
TOTAL
0.03
0.00
0.03
Total Open Water Impact for Project: 0.03 acres.

Section C Neuse River Basin Riparian Buffer Impacts
Site
Impact
Type
Zone I
Impact
(sgIt)
minor
Wetlands
in Zone I
(sgli)
=Zone 1
Buffers (not
wetlands)
(sgft)
Mitigade
Impacts
(sgft)
Zone 1
Buffer
Mitigation
Required
3:1 ratio)
Zooe 2
Impact
, (s' ft)
minas
Wetlands
in Zone 2
(sgft)
= Zone 2
Buffers
(not
wetlands)
(sq ft)
Mitigade
Impacts
(sgft)
Zone 2
Buffer
Mitigation
Required
(1.5:1 ratio)
Approved limpMactss for Section C
1
Road
1 6,426
0
6,426
0
N /A*
3,705
0
3,705
0
N /A*
2
Road
11,389
0
11,389
11,389
34,167
7,568
0
7,568
7,568
11,352
3
Road
9,916
0
9,916
9,916
29,748
'r 4,613
0
4,613
4,613
6,920
27
Utility
519
0
519
0
N /A*
0
0
0
0
0
Section Total:
28,250
0
28,250
21,305
63,915
15,886
0
15,886
12,181
18,272
ApprowelfinpactsforS ection D
1
Road
18,124
0
18,124
18,124
54,372
11,612
0
11,612
11,612
17,418
2
Bride
11,778
11,630
148
0
N /A*
€ 6,975
5,096
1,879
0
N /A*
2
Road
2,143
928
1,215
0
N /A*
2,083
379
1,704
0
N /A*
2
Parallel
0
0
0
0
N /A*
26
0
26
26
39
3
Bridge
31,209
24,130
7,079
0
N /A*
12,501
9,567
2,934
0
N /A*
4
Road
14,017
12,324
1,693
1,693
5,079
9,383
6,294
3,089
3,089
4,634
5
Road
15,142
433
14,709
14,709
44,127
9,677
0
9,677
9,677
14,516
6
Road
20,266
0
20,266
20,266
60,798
12,665
1,432
11,233
11,233
16,850
7
Road
38,167
28,108
LO
10,059
30,177
25,504
11,272
14,232
14,232
21,348
8
Bridge
7,707
4,781
2,926
0
N /A*
6,694
2,277
4,417
Section Total:
158,553
82,334
76,219
64,851
194,553
97,120
36,317
60,803
49,869
74,791
Total Approved Impacts for Project
Project Total:
186,803 82,334
104,469
1 86,156
1 258,468
M 113,0061 36,317 76,689 62,050
93,063
* N/A = Total for Site is less than 1/3 acre and 150 linear feet of impact or allowable; no mitigation required
Total Buffer Impact for Project is 299,809 square feet; 148,206 are mitigable.
SUMMARY OF ALL IMPACTS
* Buffer mitigation does not include wetlands. See Buffer Tables above for more information.
The application provides adequate assurance that the discharge of fill material into the waters of the White Oak and
Neuse 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 dated received November
14, 2014. Should your project change, you are required to notify the NCDWR and submit anew 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 .0244(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.
Stream feet
Wetland acre
Buffer Impact ft'
Buffer Mitt ation* ft2
Open Water
Location
Impact
Mitigation
Ina acts
Mitt ation
Zone 1
Zone 2
Total
Zone I
Zone 2
Total
acre
Section B
2,089
1,830
14.34
9.59
1 N/A
N/A
N/A
1 N/A
N/A
N/A
0
Section C
467
0
24.17
22.08
28,250
15,886
44,136
21,305
12,181
33,486
0
Section
2,123
1,948
18.08
15.24
158,553
97,120
255,673
64,851
49,869
114,7201
0.03
TOTAL:
4 679
1 3,778
1 56.59
1 46.91
1 186,803
1 113,006
299,809
1 86,156
1 62,050
1 148 206
0.03
* Buffer mitigation does not include wetlands. See Buffer Tables above for more information.
The application provides adequate assurance that the discharge of fill material into the waters of the White Oak and
Neuse 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 dated received November
14, 2014. Should your project change, you are required to notify the NCDWR and submit anew 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 .0244(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:
Project Specific Conditions
I. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre- construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre - construction meeting. [ 15A NCAC 02H.0506(b)(2) and (b)(3)]
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. 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- formed scour holes, vegetated buffers,
etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please
refer to the most recent version of the North Carolina Department of Transportation Stormwater Best
Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and 15A
NCAC 02H .0506(b)(5)]
4. 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)]
5. 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. [15A NCAC 02H .0506(b)(3)]
6. 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)]
7. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should
barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)]
8. Mitigation:
a. Compensatory mitigation for 3,778 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 February 25, 2015 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. [15A NCAC 2H.0506(h)]
b. Compensatory mitigation for impacts to 86,156 square feet of protected riparian buffers in Zone I
and 62,050 square feet of protected riparian buffers in Zone 2 (a total of 148,206 square feet) 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 February 25, 2015 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. [15A NCAC .02B .0295]
c. Compensatory mitigation for impacts to 46.91 acres of 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 February 25, 2015 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)]

d. Mitigation will not be required forjurisdictional areas impacted by temporary excavation provided
impacted areas are restored to pre - impact conditions as much as practicably possible and
jurisdictional status is re- attained within three growing seasons after final disturbance. [15A NCAC
02H.0506(c)(3)]
9. 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. [15A NCAC 02H.0506(b)(2)]
10. 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)]
11. 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. The use of rip -rap
shall be kept to a minimum. Once the stream has been turned into the new channel, it may be necessary to
relocate stranded fish to the new channel to prevent fish kills. [ 15A NCAC 02H .0506(b)(3)]
12. 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)]
13. 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)]
14. 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. NCDOT shall
consult with NC Wildlife Resources staff to determine if there are any sensitive species, and the most
appropriate measures to limit impacts to these species. 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. [ 15A NCAC 2H.0506(b)(3)]
15. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile driving
or vibration techniques) as described below [15A NCAC 02110506(b)(2) and 15A NCAC 04B. 01251:
a. Due to the anadromous fish spawning area, no in -water work is permitted in the Trent River between
February 15 and July 15 of any year, without prior approval from the NC Division of Water
Resources and the National Marine Fisheries Service. In addition, the permittee shall conform to the
NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)
at all times.
b. Due to the Inland Primary Nursery Area designation, no in -water work is permitted in the White Oak
River between February 15 and September 30 of any year, without prior approval from the NC
Division of Water Resources and the NC Wildlife Resources Commission.
16. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, need not be buried and can be installed at natural ground elevation.

17. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO10000.
18. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by
perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should
be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control
matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small
animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with
wood or cellulose based hydro mulch applied from a fertilizer- and limestone -free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank. [ 15A NCAC 026.0224 and 0225]
General Conditions:
19. 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)]
20. 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
026.0200]
21. 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)]
22. 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)]
23. 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)]
24. 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)]
25. 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)]
26. 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. [ 15A NCAC 02H.0506(b)(3)]
27. 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)]
28. 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)]

29. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
30. 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 026.0200]
31. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [I 5A NCAC 02H.0506(b)(2)]
32. 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)]
33. 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. [I 5A NCAC
02H.0501 and .0502]
34. 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.
35. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I 5A NCAC 02B.0506(b)(2)]
36. 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. [ I 5 NCAC 02H.0502(f)]
37. 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. [I 5A NCAC 02B.0506(b)(2)]
38. 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. [I5A NCAC 02H.0506(b)(3) and (c)(3)]
39. 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 (I 5A 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.
40. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]

41. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B .0233]
42. 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. [15A NCAC 213.0233]
43. 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. [15A NCAC 213 .0233(6)]
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 S: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. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 2nd day of March 2015
DIVISION OF WATER RESOURCES
ob
S. Jay Zimmerman, Acting Director
Division of Water Resources
WQC No. 004012

Af
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:
Donald van der Vaart
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, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807- 63001Internet: www.nedenr.gov
An Equal Oppollunity 1 Affonative Adion Employer