20150068 Ver 1_Approval Letter_20150303

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 3, 2015
Mr. Marc L. Hamel., Manager
Rail Project Development
NCDOT, Rail Division
1553 Mail Service Center
Raleigh, NC 27699
Donald van der Vaart
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed construction of the Pembroke Rail Connector from CSX "A"
line to the CSX "SE" line in Robeson Coiulty, Federal Aid Project No. TCSP-0635(5), State Project No.
41099.1.S3, TIP P-4900A & B.
NCDWR Project No. 20150068
Dear Mr. Hamel:
Attached hereto is a copy of Certification No. 4014 issued to The North Carolina Department of Transportation
(NCDOT) dated March 3, 2015.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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ay Zimmerman, Di •ector
Division of Water Resources
Attachments
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerho, Division 6 Environmental Officer
Scott Davis, Axiom Environmental, Inc.
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environ►nental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resoucces Commission
Beth Harmon, Ecosystem Enhancement Program
NC Division of Water Resources Raleigh Central Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
An Equal Opportunity 1 A(frmative Aclion Employer

401 Water Quality Certi6cation Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requi�•ements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to tlie North Carolina Division of Water Resources (NCDWR} Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 2.22 acres of jurisdictional wetlands,
and 541 ]inear feet of jurisdictional streams in T2obeson County. The project shal] be constructed pursuant to the
application dated received January 21, 2015 and revisions received on January 26, 2015 and .ianuary 29, 2015. The
authorized impacts are as described below:
Stream Im acts in the Lumber River Basin
Site Station Permanent Temporary Permanent Temporary Bank Total Stream
Fill in Fill in Fill in Fill in Stabitizafion Stream Impacts
lntermittent Intermittent Perennial Perennial (linear ft) Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (iinear ft) {linear ft} (linear ft} (linear ft)
3 -L- 53+80 to 55+64 0 0 91 65 77 233 168
4 -L- 62+60 to 62+76 93 22 0 0 46 161 0
5 -L- 90+14 to 90+61 82 22 0 0 43 947 0
Total 175 44 91 65 166 541 168
Total Stream Impact for Project: 541 linear feet
Wetland Cm act's in the Lumber River Basin ri arian}
Site SEation Fill Rill Excavation Mechanized Hand Total Impscts
(ac) (temporary) (xc) Clearing Clearing WetIand Requiring
(ac) (ac) (ac} Impact Mitigation
(ac} (ac)
1 -L- 26+95 to 27+75 1.06 0 020 0.15 0.03 1.44 1.41
2 -L- 26+95 to27+75 < 0.01 0 0 0.02 0 0.02 0.02
3 -L- 53+80 to 55+64 0.08 0 0.18 0 0 0.26 0.26
6 -L- 102+03 to 104+gg 0.21 0 0.18 0.06 0 0.45 0.45
7 -Y2- 45+43 to 47+00 0.01 0 0 O.Q4 0 O.dS Q.05
Totalx i.36 4 0.56 026 0.03 2.22 2.19
Total Wetland Impact for Project: 2.22 acres.
*totals may not match sum of individua[ inipacts due to rounding.
The application provides adequate assurance that the discharge of fill material into the waters of the Lumber 12iver
basin in conjunction with the proposed development will not resalt in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Caroli�a certifies that this activity wiil 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 applicatian dated received January
21, 2015 and revisions received on January 26, 2015 and January 29, 2015. Should your projecT change, you are

required to notify the NCDWR and submit a new applicatian. [f the property is sold, the new owner must be given a
copy of this Certification and approval ]etter, and is thereby responsible for complying with ail the conditions. If
any additional wetland impacts, or stream impacts, for this project (now ar in tlle future} exceed one acre or 150
linear feet, respectively, additional compensatory mitigation may be required as described in ISA NCAC 2H .0506
(h) (6) and {7}, For this approval to remain valid, you are required to comply with ail the conditions listed belaw. 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 Supp3y watershed
regulations. This Certification shalI expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Condition{s) of Certi�cation:
Project Specifc Conditions
1. As a condition of this 40I Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCbQT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507{d}(2} and t5A NCAC 02H
.0506(b)(5}]
2. Bridge piles and bents shall be constructed using driven piles (hammer or vibratary) or drilled shaft
construction rnethods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first. [1SA NCAC 02H.0506(b)(2)]
3. Na drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shal l be captured, treated, and disposed of praperly. [ 15A NCAC 02H .0506(b}(3)
4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
cEosely 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 oi
structures typicalty decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [ 15A NCAC Q2H.0506(b}(2)]
S. Riprap shall not be placed in the active thalweg channel or 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)]
6. For the 109 linear feet of streams being impacted due to site dewatering activities, the site shaii be graded
to its preconstruction contours and revegetated with appropriate native species. [ I SA NCAC
02H.OSOb(b)(2)]
7. The stream channel shall be eacavated 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 ternporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
8. Erosion control mattinb placed in riparian areas shall not contain a nylon mesh grid, which can impinge and
entrap small animals. Matting should be secured in place with staples, stakes, or wherever possible, live
stakes of native trees. Riparian areas are defined as a distance 25 feet Eandward from top of stream bank.
[ 15A NCAC 02H.0506(b)(3) and (c}(3)]
9. Aipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shail not be buried. These pipes shall be installecf at natural ground elevation. [ i SA NCAC
02H.0506(b)(2} and (b}(3)]
10. The project shall be constructed in accordance with the provisions of the NCDOT's National Pallutant
Discharge Eliminatian (NPDES) Stormwater Pe►-mit NCSOdQ250, including the applicable requirements of
the NCGO I Q00. [ 1 SA NCAC 42B.02 ] 1].

11. Compensatory rrtitigation for 168 ]inear feet of impaci to streams is reyuired. 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 praject.
EEP has indicated in a letter dated January 13, 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
12. Compensatory mitigation for impacts ta 2.19 acres of riparian wetlands is required. We understand that
you have chosen to perform compensatory mitigation for impacts to wetlands through the North Caralina
Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the rrtitigation for the
project, EEP has indicated in a letter dated January 13, 2Q15 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 Juiy 28, 2010.
General Conditions
] 3. 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 faot for akl culverts wiEh a diameter
greater than 4$ inches, and 20 percent of the culvert diameter for culverts having a diacneter fess than 48
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosioii 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 downstream of the above
structures. The applicant is required to provide evidence that the equilihrium is being rr►aintained if requested
in writing by NCDWR. If this condition is unable to be rnet 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 reGuired. [ 15A NCAC 02H.Q506(b)(2)]
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 fsh kills.
[15A NCAC 02B.0200]
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. [ 1 SA NCAC d2H.OSOb(b)(2)]
16. The dimension, pattem ancf profile of the stream above and below the crossing shall not be modified.
Disturbed floodp[ains and streams shall be restored to natural geamo�phic co�iditions. [15A NCAC
02H.0506(b)(2)]
17. The ase af rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stahilization shall be placed in stream channels in such a manner that it does not impede aqaatic life
passage, [15A NCAC 02H.OS06{b}(2}]
18. The Permittee shall ensure that the finai design drawings adhere to the permit and to the permit drawings
submitted for approval. [ 15A NCAC 02H .0507 (c) and I SA NCAC 02H .0506 (b}(2) and {c}(2)]
19. Al! 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 benns, cofferdams and other diversion structures shall be used to prevent exeavation in
flotiving water. [15A NCAC 02H.0506(b)(3) and (c)(3}]
20. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction af other pollutants into the stream. [I SA NCAC 02H.OSflb(b)(3)]
21. All mechanized equiprr►ent 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.Q506(b)(3)]

22. No rock, sand or othe�• materiaEs shall be dredged from the stream channel except where authorized by this
certifcation. [15A NCAC 02H.OSOb(b)(3)]
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [ 15A NCAC 02H,0506(b)(3)]
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 apprapriate requirements of State and Federal law. 1f the NCDWR deiermines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
Qr federal law is being violated, or that fu�ther conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certificatian. [15A NCAC 02B.020Q]
25. All fill slopes located in jurisdictional wetlands shall be placed at stopes no flatter than 3:1, unless otherwise
authorized by this certification. [ L SA NCAC 02H.OSQ6(b)(2)]
26. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certiiication and all subsequent modifications, 'rf any, shall be maintained with
ihe Division Engineer anci the on-site project manager. [15A NCAC 02H .0507(c) and i5A NCAC 02H .0506
(b)(2) and (c}(2}]
27. The outside buffer, wetland ar 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. [t5A NCAC
02H.�501 and .0502]
28. The issuance of this certification does not exempt the Permittee from complying with any and all statu#es,
rules, regulations, or ordinances that may be irnposed by other government agencies {i,e. lacal, state, and
federal) having jurisdiction, including bui not limited to applicable buffer rules, stormwater management
rules, soil erosian and sedimentation control reGuirernents, etc.
29. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ 15A NCAC 02B.OSOb(b)(2)]
30. Upon completion of the project (including any irnpacts at associated borrow or waste sites), the NCDOT Rail
Project Manager shali complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR whe� a!1 work included in the 401 Certification has been completed. [ISA NCAC 02H.0502(f�]
31. Native riparian vegetation must be reestablished in the riparian areas within the canstruction limits of the
project by the end of the growing season following completion of construction.[ I SA NCAC 2H.0506(b){2)]
32. There shall be no excavation from, or waste disposal into, jurisdictional wetlands ar 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 frorn road construction activities.[15A NCAC 02H.0506(b}(3} and (c)(3}
33. Erosion and sediment contro[ practices must be in full compliance with all specificatians 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 wikh the most recent version of the North Carolina Sectiment a�d Erosion
Control Planning nnd Desrgn Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, ar 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 bon�ow 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 Ca��olifra Sinface Mining
Manurd.
d. The reclamation measures and implementation must comply �vith the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
34. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and
(�)(�)l
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 how�s. The Office of
Administrative Hearings accepts filings Monday through Friday between the how�s 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: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follo�vs:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 3rd day of March 2015
DIVISION OF WATER RESOURCES
<� -� . - - e
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S. Jay Zimmerman, Dii�ector
Division of Water Resources
WQC No. 4014

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Donald van tler Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Ce►�tification 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. [t is not
necessa�y to send certificates from all of these.
Applicnnt's Certificatioir
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: Date:
Age�rt's Certificn�io�r
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 �vithin substantial
compliance and intent of the 401 Water Quality Ce►-tification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Eirgi�reer's Cerlificrrlio�r
Partial Final
1, , as a duly registered Professional Engineer in the State of Noirth
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Pennittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No. Date
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer