20150030 Ver 1_Approval Letter_20150311

Pat McC��ry
Gave�n��
,*"'�r'���
... ��
��r��
f�c�rth Carolir�a a�par�m�nt �f �nviranme�� an� �lat�u��l R�sc�u�r���
Danald v�n d�r Vaart
Secrekary
March 11, 201 S
Gree��� ��ufl1�
DWQ F'raj�ct �Jo. 2a15�1a30
US 258 irnpeover7let�as
AP'PRCiVAL nf" 401 WATE�IZ QUALIT''Y +CERT�FICATIOI'+I and NEUS�' 13UF��ie AC.a'T'I-�ORI��►Tl(JN wyth AI)I��"�`I�NAL
�C�}d�1Ij[T�ONS
Ma�. aay Jahnson.
�ic�rtYr Caro�ina C�ep�rt��ec�t af Traz�s�ortatic�n
F.f). Box 1S$7
C'ire��lvill�, 1\1C 2?835
]�ear Mr, Johnson;
Ycau have aur approvaa, bn accc�rdar�ce with the cpn�itia�ns lis�ed b��ow, for the %llow'rn�; imp�cts fcrr tk�e purpase of rc��ci w°idenit�g Qo
add a middle �urn Iane and a pip� replacemenfi an an unnac���d �cibua�ry t� Wheat 5w7irrp �n US ��8 in Greexie Ce�unty:
Stream ancl ��affer Im�aacts in the 1Veuse Itiwer Basin
Site lVumber Streann ���ffer Zca�ae Buf%r Zarae
linear ft 1 s ft 2{s ft)
US 2S8 l3d 4815 �20
i�et Total �3Q 5,135
Iznpacts
'I'he pra�ject shall b� cpnstructed in acc�rdarrce with ynur� ap�licataoi� dated received January 12, 20l ��►�d additional fi7�'or�7�atian
recerved Marc}f 5, 2015. r-'rfter reviewin�; youa� applicatuoa�, �rre l�ave de�cideci that these iMnpacts ai°e cowe�ed by General Watec �ua�iky
Certificatinn N�n�ber 3883. "�°his ce��ti�cation correspc���c�s ta lh:� Natia�awide Permit 3, issued by tt�e Car�s of �ngii�eers. In addition,
you sl�au�ld �cquice any +ather fecieral, state or local pennits 1�efoY•� yoGa proc�ed witl� yauk� p�•ojeet aneluding (buc not l�mat�d t�)
Sediment and Erosipn Control, t�Con-Ddschar�e and' W�ter S�pply Waaec°s}�ea� reg�rlations. 7"flis ap�raval will expire �witla the
�ccanipanyin� 444 �rermit.
This apprr�v�l is valid snlely for the purpose �r�d design d�scribed i�7 y�ur applicatio�� ��u�less �a�odified �elow}. Sl�o��lc� yau�° praject
c�aa��e, you r77ust nrat�fy tl�e DWE� ai�d submit a new a�p9icatica�l. If tlae �araper-ty is sald, tl�e nevr a�ner onust �e given a ecapy of this
Certifricatiora and approva➢ l�tter, and is ��recel�y 1°�sponsible �or cc�naplynng with all the condutic�ns. If tc�tal wetl�t�d iilis fo�° this praject
(naw �ar tin th� f�u�a�u-e) exceed an� acre, ar of tota� in�pacts tro streams (no+nr or im ihe future} exceed ➢ 50 linear feet, con�pea�s�torY
�aviti�at"son ���ay be req�uired as described ic� I S,c'�. NCAC 2H .QSO�i (h� (G) and (?). F�ar t9i�s approval x� rec��ain valid, y�u must adher� te�
t��e c�nditians listed in the attaehed cer�ti�catia��.
Tra�ospu�tion �nd F�ermitting Unit
1fi17 Mail S�rvic�e Cent��, Raleigh, NC 27�99-1617
l.ac�tic�n; 512 N. Salisbury Sk. Rale�gh, NC 2i6p4
kn Equal Op�iortu�tity 1,,htfernatdvs Aclion �mpinyer
PhtaPte: 919-7'l17•63QD 1 FAX: [phone]�D
Inkern�t° �r.n�cwwak�r,c�rg

Page 2 of 5
1. The issuance of this certification does not axampt the Aermittee from complying with any and all statutes, rules, regulations, or
ordinances that may be imposed by other governmcnt agencies (i.e. local, state, and federal) having j�risdiction, including but not
limited to applicable buffer rules, stormwater management rules, soil erosion and sadimentation control requirements, etc.
2. The Permittee shall ensure that the fnal design drawings adhere to the certification and to the drawings submitted for approval.
[15A NCAC 02H .0507 (c) and 15A NCAC 02H .050b (b)(2) and {c)(2}]
3. The NCDOT Division Enviranmental Offcer 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
i�)i3)
�. Channel relocations shall he 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 �egetation, and should include establish►nent of a vegetated buffer on both sides of the relocated channel to the
maximum extent practical. Also, rip-rap tnay be allowed iF it is necessary to maintain the physical integrity of the stream, but the
applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once
the stream has been tu�-ned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish
kills. [15A NGAC 02H .p506(b)(3)
5. Unless otherwise approved in this certification, placement of cul�erts and other structures in open waters and streams shall be
placed below the e�evation of the streambed by one foot for all cuEverts witE� a diameter graater 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 iife.
Design and placement of culverts and other structures including te�nporary erosion control measures shalt 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 wriking by
NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWR far guidance on how to proceed and to determine whether or not a permit modification will be requ�red. [15A
NCAC 02H.0506(b}{2}]
6. 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 exca�ation in #]owing water. [15A NCAC 62H.0506{b)(3) and {c}{3)]
7. 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 shal] not be discharged to surface waters due to the patential for
elevated pH anci possibEe aquatic life and fish kills. [15A NGAG 02B.0200]
8. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for sfream stabilization shall be
placed in stream channels in such a manner that it does not impede aquatic life passage. [ 15A NCAG 02H,0506(b)(2)]
9. All fill slopes ]ocated in jurisdictiona[ wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification. [15A NCAC 02H.050b(b)(2)]
10. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification 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.OSOt and A542]
11. During the canstruction af the project, no sTaging of equipment of any [�ind is permitted in waters of the U.S., or protected
riparian buffers. [15A NCAC 02H.0506{b){2)]
12. The dimension, pattern and profile of the stream abave and below the crossing shall not be modifed, Disturbed floodplains and
streams shall be restored to natural geomorphic conditions. [ I SA NCAC 02H.0506(b)(2)]
13. Hea�y equipment shall be operated from the banks rather than in the stream channe] in arder to minimize sedimentation and
reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
14. A11 mechanized equipment operated near surface waters must be regularly inspecteci and maintained ta prevent contamination of
stream waters from fuels, lubricants, hydraulic fluids, or other toxic materiais. [ISA NCAC 02HA506(b}{3)]

Page 3 of 5
15. Erosion and sediment control practices must be in full compliance with all specifications governing the pro}�er design, installation
and operation and maintena�ce of such Best Management Practices in order ko protect surface waters standards [ 15A NCAC
02H.050b{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 Carolrrta Sediment and Erosion Control Alarrnrng and Desrgn
Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such thak they
equal, or exceed, the requirements specified in the most recent �ersion of the North Carolina Sediment and Erasion
Control Manual. The devices shall be maintained on akl construction sites, 6arrow sites, and waste pile (spoii) projects,
incluciing contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment contro] measures must be designed, installed, operated, and maintained in
accordance with the most recent �ersion 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.
16. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
[15A NCAC 02H.0506(b)(3) and (c)(3)]
17. No rock, sand or other materials shall be dredged from the stream channet except where authorized by this certification. [�SA
NCAC 02H.0506(b)(3}]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prahibited.
� 15A NCAC 02H.0506(b)(3)]
I9. Nati�e riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the
construction limits of the profect by the end of the growir�g season following completian af construction.
20. There shall be no excavation from, or waste disposal into, jurisdictiona] wetlands or waters associated with this certificatian
without appropriate modification. 5hould waste or borrow sites, or access roads to waste or borrow sites, be ]ocated in wetlands
or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC
oax.osa6�b}�3} ana (�)(3)]
21. Al] storrmwater runoff shall be directed as sheetflow through strearr► buffers at nonerosive velocities, unless otherwise approved
by this certification. [15A NCAC 2B.0233(5)]
22. Pursuant to 15A NCAC 2B .4233(6}, sediment and erosion contro] devices shall not be placed in Zone 1 of any Neuse Buffer
without priar appra�al by NCDWR. At this time, NCDWR has appra�ed no sediment and erosion control devices in Zone l,
outside af the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be
allawed in Zone 2 of the buffers provided that Zone i is not compromised and that discharge is released as diffuse flow.
23. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and re�egetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the grawing
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 grawing season following
completion of construction. [ 15A NCAC 2B.0233(6)]
2�4. New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in I SA NCAC 28
.0233{6).
25. The permittee and i#s authorized agents shali conduct its activities in a manner cons�stent with 5tate water quality standards
(including any reqairements resulting from compliance with §303{d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If NCDWR dekermines that such standards or laws are not being met (including the failure
to sustain a designated or achie�ed use) or that State or federal law is being violated, or that further con�itions are necessary to
assure compliance, NCDWR may ree�aluate and modify this certification. [15A NCAC 028.0200]
26. The Permittee shal] report any violations of this certification to the Di�ision of Water Resources wit�in 24 hours of discovery.
[ 15A NCAC 02B.0506(b){2}�

Pa�e 4 af 5
27. Upon c�enplet�+ara af the project �i�t�clud�n� any "rmpacts at assoeiated bot�°c�w ar waste sule), �he NCDQT �kvision En�;ineer shal]
compl'e�e ���c1 retua-a� the enclosed "'Certi�cation of Completio�7 Fc�r��r"' ta r�otify NCDWR w�era a1C work included �n the 44t
Ceriification has been canapleied. [15A I*�CAC 02F-�.0502i�1
28. A copy of this Waker Quality Certi�catio�a sl�all be mair�t�ined on site at the caa�str•uction site at a]C ti»les. In addi:tion, the 'V�'at�r
�?uality Certificatiian and all s�bsequent modifcatians, if aray, s9�all be ����intained with the Division Erigineer a�d Cf�e on-site
praj��ct mana�er. [15A N�AC Q2'�I .05(}7(c} a��d 15A NCAC 02H ,0506 (b}(2) an� (c)(2)l
li yau wish tt� cor�test any statenyenk in the attac'hed C�rt'ificaxi�n you n�u�sC �le a petitio�n f�r ar� a�ani�n�iski��t�ive �hearing. You a�ay
�btain the petitia�� fo�rr� frnr�� t17� a�fiice of A,din�inustrativ� ���arings. Yau ��ust fi'I� t�h� peYitia�n wdt�i C�e of�i�� oft�d�roinist�rakiwe
Hearings wi�hin sixty �b0) day$ of receipt �rfthis notice. �1 petitian is considered �led wher� it is received in d9�e affice of
Ac[�ninistrative I�ear�ngs during norn�al csffice l�r��rs. The bf`f'ice nf Adm�nistrartive Flearings accepts irlings Mo��day theou�h �riday
laetween the h�urs of`R:OOarai anr15.00p�n, excepk for aft�cial stat� k7olidays. 'I'�e ori�,inaG and oitie (�) capy ofthe petitian tnust be filed
with the �ffic� af ,�dn�ira�istrative Hearirlgs.
The petitiara a�ay be faxed-�ar�c�vided the ori�ina:l �nci �rne c�py of t9�e dacumea�t is r°eeeived �y the +:77fiice �af Adn�iniskratiwe Heacings
within �ive (S) busincss days f+allowing the f�xed transnaissior�.
The n�ailin�; address far the Of�ce of Administrative F-Iearings is:
Office af Aclminiskrative Hearings
6714 P�Iai] Service Center
Raleigh, NC 27699-6714
Telephane: (919)-431-3�{1Q, Facsia�aile: (919)-4�1-3140
A capy of the petition must also be served o�Y �ENR as follows:
Mr. Satra M. Hayes ,�e��ei�a1 Caunsel
Departn�ea�t a�i Environment and Natural Resc�urces
1C0� 11�ai1 Service Center
7`l7us letter coir►pl:�tes the review of tl�e T}ivisian of W�ter Resources ivnc�er Sectian 4Dti ai"the Clean Water Act. �f you ha�ve any
gu�stians, p9ease cant�ct �arcy �+"ard a¢ (252) R4$-3917 �ad• �arcy.w�rd �i7nedenr.��v
5ineerely, .
/ �� n ,,` �" .
f��° �i. Jay lin��ner�r7 , I�irector
➢ivisuon nf Water Resc�urces
A��t�ch��ents (C����al Cerrifcation anc� �er�ti9�icate od'C�orrrpletioi� �o����ri)
Gc: To�rr Steffens, US Ar°i7i�� �;or•ps oEL'ngi�7ccrs, Washin�tdn Fie1d �)#'tice
J�ay J�1��n�c���, �CSG 'I�����, (�le�ct�ro��uc ccrpy�
G��rcy WarcC, L)Wi2,'�Naslningtou E���icao��➢ Uffic�
�"ile CoPY

Page 5 of 5
DWR Project No.: County:
Applicant:
Pro�ect Name:
Date of Issuance of a01 Water Quality Certiiication:
Certificate of Completion
Upon completion of al] work approved within the 40� Water Quality Certification or applicable Buffer Rules, and any subsequent
rnodifications, the applicant is required to return this ceriificate to the 401 Transportation Permitting Unit, North Carolina Di�ision of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27b99-1617. This form may be returned to DWR 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 sucE� that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rufes, the approved plans and specifications, and other se�pporting materials.
Signature: Date:
Agent's Certi�tation
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 Certificatian and Buffer Rules, the appro�ed plans and specifications, and other supporting materials.
Signature: Date:
EngiReer's Certification
Partial Fina]
I, , as a ciuly registered Professional Engineer in the 5tate of North Carolina, having
6een autharized to obser�e (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 obser�ation of the construction such that the construction was observed to
be �uilt within substantial compliance and intent of the 401 Water Quality Certification and Buffer R�les, the approved plans and
specifications, and other supporting materials.
Signature Registration No.
Date