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HomeMy WebLinkAbout20141169 Ver 1_US 17 (R-2514B, C & D)_20150526����NT oF �� '' •. .n � . � . � w`�°a� . �.�-'" �v, C] u :%�� �� �� u M -\ _ �I,II # ..NN �_ \ LiI.E, �-.. �'� �/�p`P � O SrA7E5 �F � � � Regulatory Division Action ID: SAW-2008-00528 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 22, 2015 North Carolina"Department Of Transportation, Project Development and Environmental Analysis Unit Attn: Mr. Richard W. Hancock, P.E., Manager 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Mr. Hancock: Enclosed is a Department of the Army permit to impact approximately 46.86 acres of Department of the Army (DA) jurisdictional wetlands and 4281 linear feet of surface waters associated with 16 miles of highway improvements near or within the US Highway 17 conidor beginning at the intersection of SR 1330 (Deppe Loop Road) and SR 1439 (Springhill Road) in Onslow County nearBelgrade and ending at the southern terminus of the New Bern Bypass, near the Jones/Craven County line, south of New Bern, North Carolina. The Corps is issuing this permit in response to your written request of February 11, 2015, and the ensuing administrative record. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before December 31, 2021. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. You should address all questions regarding this authorization to, Mr.,Thomas Steffens, in the Washington Regulatory Fie]d Office, 2407 West 5`h Street, Washington, North Carolina 27889 or telephone: (910)-251-4615. Sincerely,, �. Kevin P. Landers Sr. Colonel, U.S. Army District Commander Enclosures -2- Copies Furnished (with enclosures): Chief, Source Data Unit NOAA/National Ocean Service 1315 East-west Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 Copies Furnished with special conditions and plans: U. S. F'ish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhodes National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Jennifer Robertson Wetland and Natural Resources Consultants, Inc. 775 Haywood Road, Suite D Asheville, North Carolina 28806 Mr. Todd Bowers Wetlands and Marine Regulatory Section Water Protection Division - Region N U. S. Environmental Protection Agency 61 Forsyth St. S W Atlanta, Georgia 30303-8931 Mr. Doug Huggett Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins North Carolina Division of Water Resources 401/Wetlands,Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Pat McCrory Governor . ��� ���� NCDENR North Carolina Department of Environment and Natural Resources April 8, 2015 Mr. Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1598 Mail Service Center , Raleigh, North Carolina, 27699-1548 Donald R. van der Vaart Secretary Subject: Correction to the 401 Water Quality Certification for the proposed improvements to US ] 7 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. � NCDWR Project No. 20141169v1 NCDWR Certification No. 004012 Dear Mr. Hancock: This letter is in regards to the 40l Water Quality Certification (WQC) issued on March 2, 2015 for improvements to US 17 in Onslow, Jones, and Craven Counties (DWQ Project No. 20141 169; WQC No. 004012). Condition No. I S of the WQC contains the following language: "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 [ I SA NCAC 02H.0506(b)(2) and 15A NCAC 04B. 0125]: 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 approvaf from the NC Division of Water Resources and the NC Wildlife Resources Commission." Subsequent to the issuance of the initial 401 WQC on March 2, 2015, it was brought to our attention that, due to anadromous fish spawning, the in-water work moratorium.for the Trent River should be between February 15 and June 15 of any year and not February 1 S to July 15 of any year as stated in the original 401 WQC. The in-water work moratorium dates stated in the original 401 WQC for the White Oak River remain unchanged. Therefore, Condition 15 is revised as follows: "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 02H.0506(b)(2) and 15A NCAC 04B. 0125]: a. Due to the anadromous fish spawning area, no i�-water work is permitted in the Trent River between February 15 and June 15 of any year, without prior approval from�the NC Division of Water Resources and the National Marine Fisheries Service. ln addition, the permittee shall conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opporiunity 1 Affumalive Action Employer b. Due to the Inland Primary Nursery Area designation, no in-water work is permitted in the White Oak River between February l 5 and September 30 of any year, withoui prior, approval from the NC Division of Water Resources and the NC Wildlife Resources Commission." Please attach a copy of this letter with any copies of the original Water Quality Certification. All other conditions written into the previous Water Quality Certification for this project dated March 2, 2015 still apply except where superseded by this correctio�. We are sorry for any inconvenience this may have caused. lf you have any questions please contact David Wainwright at (919) 707-8787 or David.Wainwright@ncdenr.gov. Sincerely, ��� S. Jay Zimerman, Director Division of Water Resources Electronic copies: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, Division 2 Environmental Off►cer 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 � Cathy Brittingham, NC Division of Coastal Management Garcy Ward, NC Division of Water Resources Washington Regional Office File Copy l ' � ��� � NCDENtt North Carolina Department of Environment and Natural Resources Pat McCrory GoVemor March 2, 2015 Mr. Richard W. Hancock; P.E.,,Manager Project Deyelopment and Envi`rorimental Analysis North "Ca'rolina Departn5ent of Transpoi-tation 1598 IVtail Servic8 Cente� Raleigh, North Carolina, 27699-I598 Donald van derVaarf .. ,_ _._ . � "Secretary $�i6ject: 401 Wafer Quality Ce'r.tification. Pursuant to Section:40.1 oftFie Federal Glean Water Act"arid NEUSE B.UFFER RULE3 witli AD,DITION�►L.CONDIT[ONS for proposed �mp'roveitients to US 17 froni south ;of Belgcade at SR 1330%SR1439'to the N�ew Bern Bypa'ss in Onslow, Jones, and Craven`Counties; TIP R- 2514�B, C; & D: , . NCDWR Project.No: 20]41169v1 Dear Mr: Hancock: , r--- . . - Attached hereto is a coPy of Certification No: 004012 issued to The; Nortli CarolinT Department of Transportation (NCDOT) dated March 2; 2013. If�we can be of furtherassistance, do not hesifateto contact us., Since ely, � � � �- S. JayZimmerman, Acting Director Division of VJater Resources Attachments Electronic c,opy only distribiition: Tom Steffens, US Army Co'rps`of Engineers; Washington Field Office Jay Johnson, Division 2 Env,ironmental Officer Colin Mellor,'NC Department:of Transportation Chris Rivenbark, NC Department of Transportation - Gordon;Cashin,'NC Departn�ent,ofTransp`ortation Dr..Cynthia V�n Der W.iele, US Environnienfal Protection -Agency Travis WilSon, NC Wildlife Resources;Co�"nn�issioii Steve"Sollod, NG Division'of.Coastal Management Betli Harmon, Ecosystem Enhancement Rrogram Garcy Ward, NG.Division of Water Resources Washington Regional :Ofiice �File Copy '1617 Mail Service Center, Raleigh, No�tFi Carolina 27699'1617 Phone: 919-807-63001 Internet: www.ncdenr:gov An Equal Opporiunity 1 AffirmaGve Ac6dn Employer 40l Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE BUFFER RULES with ADDITIOPIAL CONDI'i'[ONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public L.aws 92-500 and 95- 217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in I S NCAC 2H .0500 and 1 SA 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 ta the application dated received November 14, 2014 and the additional information received February 2015. The authorized impacts are as described below: Stream Imnacts in ihe White �ak and Neuse River Basins Permanent Fill in Temporary Fill in Permanent Fil! in Tempor�ry Fill in TotAI Stream Stream Impacts Site Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Requiring Mitigation Stream (linear ft} (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Approved Impacts for Section B 6 __ , --� 536 40 576 536 13 1,294 74 -- -- 1,368 i,294 16 __ __ 120 25 145 � 0 SECTION B TOTAL: 1,294 74 656 65 2,089 1,830 Approved Lnpacts for Sectlon C 17 109 -- -_ -- 169 0 18 l 32 20 -- -- 152 6 19 106 58 -- -- 164 0 22 32 ] 0 -- -- 42 0 SECTION C TOTAL: 379 8$ 0 0 467 0 A proved Im cts for S ection D l 234 31 -- -- 265 234 3 __ -- 5 50 55 4 9 214 20 -- -• 234 214 l3 242 21 -- -- 263 242 l5 318 27 -- -- 345 318 I 6 296 21 -- -- 3 i 7 296 21 b44 -- -- -- b44 644 SECTION D TOTAL: 1,948 120 5 5� 2,123 1,948 Total App'roved Lnpacts for Project PROJECT TOTAL: 3,b21 282 661 1l5 4,679 3,778 Total Stream ImpaCt for Pro,�ecf: 4,67Y linear teet; s;na nnear reei reyuire m�ugauun. Section B Wetland Impacts in the White Oak River Basin Temporary Excavation Mechanized Hand Total Wetland ]mpacts Requiring Site Type Fill (ac} Fill (ac} (ac) Clearing (ac) Clearing (ac) Impact (ac) Mitigation (ac) Approved onstruction Impacts I Non-riparian 0.27 -- -- 0.13 -- 0,40 0.40 2 Non-riparian O.19 -- -- -- -- 0.19 0.19 3 Non-riparian -- -- -- <0.0( -- <0.01 0.01 4 Non-riparian -- -- -- 0.01 -- 0.61 0.01 5 Non-riparian 2.06 -- -- 0.25 -- 231 2.31 6 Riparian 1,02 - -- 0.l8 -- 1.20 1,20 7 Non•riparian 0,08 -- 0.04 0.02 -- 0.14 0.14 8 Tlon-riparian 0.05 -- -- �.02 -- 0,07 0,07 4 Non-riparian 0.03 -- -- <0.01 -- 0.03 0.00* 10 Riparian 332 O.Ob -- 0.38 0.43 4.19 3.70 11 Riparian 0.17 -- -- 0.02 -- 0.19 0.19 12 Non-riparian 0.01 O.Ot -- -- 4.02 4.04 0.01 14 Riparian 0.a2 -- O.Q4 <0.01 -- 0.07 0.a7 IS Non-riparian 1.08 -- -- 0.14 -- 1.22 1.22 16 Riparian <O.OI -- 0.03 0.03 -- 0.07 0.07 ApprovedConstruction Tatai: 8,29 0.07 0.11 1,21 4.45 14.13 9,59 Approved Utility Iu�paMs I Utilities <0.01 -- -- -- 0.09 0.09 0.00 2 Utilities -- -- •- -- 0.02 0.02 0.00 3 Utilities -- -- •- -- 0.09 4.09 0.04 4 Utilities -- -- -- -- 0.01 O.OI 0.00 Approved Utility Total: 0.00 0,00 0.00 0.00 0.21 0.21 0.00 SECTION B TOTAL: $.29 0,07 0.11 1.21 4.66 14,34 9.59 * Site 9- This feature is considered an a�{icultural ditch and will not require mitigation. Section C Wetland [mnacts in the White Oak and Neuse River Basins Temporary Hand Impacts 'E'emporary Excavation Mechanized Total Wetland Site Type Fill (ac) Excavatio� Clearing Requiring Fill (ac) (ac) ���� Clearing (ac) �a�� Impact (ac) Mitigation (ac) A roved Construction Im acts 1 Non-ri arian 3.65 -- -- -- 0.42 <0.01 4.08 4.07 2 Non-ri arian 0.09 -- -- -- 0.04 -- 0.13 0.13 3 Non-ri arian <0.01 -- 0.04 -- 0.02 -- 0.06 Q.Ob 4 Non-ri arian 6.82 -- - -- L43 <0.0] 8.25 8.25 5 t�Iori-ri arian 0.03 0.11 -- 0.11 -- 0.25 0.25 6 Non-ri ariart -- -- <0.01 0.03 <0.01 0.03 0.03 7 Non-ri arian 0.2b -- Q.O1 -- 0.08 - 035 0.35* 8 Non-ri arian 0.64 -- -- -- 0.09 0.73 0.73 9 Non-ri arian 0.89 -- -- -- 0.17 -- 1.06 1.06 ]0 Non-ri arian 0.95 -- -- -- 0.15 -- 1.10 1.10 11 Non-ri arian -- -- <0.01 -- 0.03 -- 0.03 0.03 12 Non-ri arian Q.45 -- 0.05 - 0.50 0.50 13 1�lon-ri arian 0.34 <0.01 -- 0.11 -- 0.45 0.45 14 Non-ri arian 1.52 -- -- 0.41 -- 1.93 1.93 15 Non-ri arian 0.05 -- 0.15 O.Q9 -- 0.29 0.29 16 Non-ri arian 0.51 -- 0.06 -- 0.16 0.73 0.73 17 Ri arian 0.01 -- <0.01 -- <0.01 -- O.OI 0.01 20 Non-ri arian 1.58 -- -- -- 0.2 -- 1.78 1.78 21 Non-ri arian 0.23 -- -- -- 0.02 -- 0.25 0.25 23 1�lon-ri arian -- 0.01 -- 0.02 - 0.03 0.03 I D 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.�0 3.60 0.08 22.20 22.02 A roved UHIi Im acts 1 OHPL/WL - 0.01 -- 0.l i - 035 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 O.OI 0.00 5 OHPL/WL - - -- -- -- O.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 -- - -- -- O.OI 0.01 0.00 9 OHPL/WL -- <0.01 0.04 0.04 0.00 10 OHPL/WL -- -- -- -- - 4.09 0.09 0.00 I1 OI-[PL -- -- '-- - -- 0.01 0.01 0.00 12 OHPL - -- -- - -- <0.01 0.01 0.04 13 OHPL -- -- - -- 0.1 0.10 0.00 14 OHPL/WL -- <0.01 0.01 -- 0.02 O.Q3 0.00 15 OHPL/WL 0.01 -- -- O.18 0.19 0.00 16 OHPL -- -- O.OI 0.01 Q.00 17 OHPL -- -- - 0.1 0.10 0.00 18 OFiPL -- -- -- 0.01 0.01 0.00 19 OHPL/W L -- -- - <0.01 -- 0.02 0.02 O.OQ 20 OHPL/W L -- -- -- <0.01 -- 0.02 0.02 0.00 2I 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 6.00 25 OHPL/WL -- -- -- 0.09 0.09 0.00 26 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 -- -- -- - Q.OS 0.00 TOTAL: O.UO 0.08 0.00 O.Z9 0.00 L61 1.97 0.00 Section C Im sct Totals Construction Imp. Total: 18.02 d.08 0.41 0.00 3.60 0.08 22.20 22.02 Utilit Im acts TotaL• 0.00 0.08 0.00 0.29 OAO 1.61 I.97 0.00 SECTION C TOTAL: 18.02 0.1G 0.41 0.29 3.60 1.69 24.17 22.02" * An additional 0.06 acres at Site 7 considered to be a total take (not reflected above) wilf remain unimpacted and mitigatated at a 1;! ratio. Section D Wetland Impacts in the White Oak and Neuse River Basins Site Type Fill (ac) ��� �temporary) Ezcavation Mechanized Hand Total Wetland [m�racts Requiring (ac) (ac) Clearing (ac) Cleariug (ac) Impact (ac) Mitigation (ac) Appo�o�ed Construct3on Impacts 2 Non-Riparian 2.49 -- -- 0.05 -- 2.54 2.54 3 Ri arian 0.09 <0.01 -- 0.09 0.G6 0.84 0.18 4 Ri arian 0.76 0.06 O.Ob 0.12 1.19 2.19 0.94 5 Non-Ri arian 0.86 -- -- 0.05 -- 0.91 0.91 6 Non-Ri arian 1.G0 -- -- 0.13 -- l_73 1.73 7 1�lon-Riparian <0.01 -- -- 0.01 -- O.OI 0.02 8 Non-Ri arian 0.23 -- -- 0.02 -- 0.25 0.25 9 Riparian 0.54 -- -- 0.06 -- 0.60 0.60 ]0 Non-Ri arian 0.38 -- -- 0.02 -- 0.40 0.40 II Non-Riparian 0.96 -- -- 0.09 -- 1.05 LOS l2 Non-Ri arian 031 -- -- 0.06 -- 037 0.37 l3 Ri arian 0.01 -- -- <0.01 -- O.Ot 0.02 14 Non-Ri arian 0.34 -- -- -- -- 0_34 034 l5 Non-Ri arian 0.03 -- -- 0.02 -- 0.05 0.05 17 Non-Ri arian 1.39 -- -- 0.16 -- 1.55 1.55 18 Non-Ri arian 0.58 -- -- 0.10 -- 0.68 0.68 19 Non-Ri arian 1.35 -- -- 0.20 -- 1.55 1.55 20 Non-Ri arian 0.30 -- -- 0.06 -- 0.36 0.36 2( 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 O.19 0.25 0.06 Approved Construction Total: 13.84 0.07 0.08 1.29 2.04 17.32 IS.z4 Approved Utility Impacts l Acrial Powcr Linc <0.01 -- -- -- 0.35 035 0.00 2 Acrial Pawcr Linc <OAl -- -- -- 0.46 0.40 0.00 Approved Utility Total: Q.OI 0.00 0.00 0.00 0.75 0.75 0.00 SECT[ON D TpTAL: 13.85 0.07 0.08 1.29 2J9 18.08 15.24 Total Wetland Impacts in the White Oak and Neuse River Basins Fill Temporary �YCa�sttion Mechanized ��d Total Impacts Section Fill (ac) (temporary) Fxcavation (AC} Clearing Clearing (ac) �'�'etland Requiring (ac) (ac) {ac) Impact (ac) Mitigation (ac) Section B Total: 8.29 0.07 Q 0.1 I 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 Totat: 13.85 0.07 0.00 0.08 1.29 2.79 18.08 15.24 PROJF�CTTOTAL: 40.16 0.30 0.29 0.60 b.10 9.14 56.59 46.91 * There is an additional 0.06 acres of impact at Site 7 due to tota! take reflected above but not retlected 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 Temporary �!I in Total Fill in Open � Site O n Waters ac O n Waters ac Waters ac Section D Site 6 0.03 -- 0.03 TOTAL 0.03 0.00 0.03 Total Open Water Im�act for Project: 0.03 acres. Section C Ne«se River Basin Riparian Buffer Impacts Zone 1 ' = Zone 2 Zone 2 nriur�s = Zone 1 nri►ncs Zone ! NTitigable Buffer Zone 2 Buffers Mitignble Buf'fer Impact WetlAnds Buffers (not Wetlands Site Impact Tmpacts 11Ttigation ; ImFact (not Impacts Mitigation Type in Zone 1 �r+etlands) ' in Zone 2 (sq ft) �sq R) (sq R) �sq ft) Required �(sq ft) �sq ft) ��aurk) (sq R) Required 3•1 ratio) t: (s ft) (1,5:1 ratio) A ro�ed Im cfs for Section C 1 Road 6,426 0 6,426 0 N/A* . 3,705 0 3,705 0 N/A* 2 Road 11,389 0 11,389 E1,389 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,b13 4,613 6,920 27 Utility 519 0 Sl9 0 N/A* 0 0 0 0 0 Section Total: 28,250 0 28,250 21,305 63,915 s 15,886 Q 15,886 12,I81 18,272 A roved Ln cts for Section D 1 Road 18,124 0 18,124 18,124 54,372 11,612 0 11,612 11,612 17,418 2 Brid e 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,U83 379 1,704 0 N(A* 2 Parallel 0 0 0 0 N/A�` - 26 0 26 26 39 3 Bridge 31,2Q9 24,130 7,079 0 N/A* 12,501 9,567 2,934 0' N(A�` 4 Road 14,017 12,324 1,b93 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,b65 1,432 i1,233 11,233 16,850 7 Road 38,167 28,108 10,059 10,059 30,177 : 25,544 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 0 N/A* Section Total: 158,553 82,334 ' 7b,219 64,SS1 194,553 47,120 36,317 G0,803 49,$69 74,791 Total Approved Tmpecfs for Pro,ject Pro'ect Total: 186,803 82,334 104,469 86,156 258,468 113,006 36,317 76,689 62,050 43,663 * N/A =Total for Site is less than I/3 acre and 1501inear teet ot impact or allowabie; no rruugation requuea Total Buffer [mpact for Project is 299,809 square feet; 148,206 are mitigable. Location Stream fei Cmpact Miti Section B 2,089 l,8 Section C 467 C Section D 2,123 l,9 TOTAL: 4 679 3 7 * BufTer mitigation does not SUMMARY O�' ALL IMPACTS Wetland (ACre} Buffer Im acts ft= Buffer Miti�ation� (ft=) mnacts Mitieation Zone 1 Zone 2 Total Zone L Zone 2 Total 14.34 9.59 N/A 24.17 22.08 28,25 18.08 l 5.24 15 8, 5` 56.59 46.91 186 8( wetlands. See Buf%r Tables N/A N/A N/A NJA N/A 0 15,886 44,136 21,305 12,181 33,486 0 97,120 255,673 64,851 49,869 I14,720 0.03 t 13 006 299 809 86 156 62 O50 148 20b 0.03 e for more information. The application provides adequate assurance that the discharge of fili 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 ofNorth Carolina certifies that this activity will not violate the applicabfe portions of Sections 301, 302, 303, 30b, 307 of PL 92-500 and PL 95-217 if conducted in accordance witkt 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 a new application. If the property is sold, the new owner must be given a copy of this Certiiication and approval letter, and is thereby responsible for complying with all the conditions. If any additionaf 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 1 SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory n�itigation 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 l. 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. [ISA 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. [ I SA NCAC 02H .0506(b)(2)] 3. Sridge 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 Carolirra Department ojTrans�ortation Stormwater Best Management Practices Toolbox manual for approved measures. [ I SA 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. [l5A NCAC 02H.0506(b)(2)] 5. No drill slurry or water that has been in contact with uncured concrete shall ba allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [I SA NCAC Q2H .0506(b)(3)] 6. A turbidity curtain wil( 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)J 7. Alk bridge construction shall be perfornied from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, tliey 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. [ISA 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 Ecosyskem Enhancement Program (EEP), and that the BEP 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 M'rtigation Banking InsErument signed July 28, 2010. [ 15A NCAC 2H.0506(h)] b. Compensatory mitigation for impacts to 86, l56 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 ro protected buffers through use of the North Carolina Ecosystem 6nhancement Program (EEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shaJl be provided in the Neuse River Sasin and done in accordance with I SA NCAC 2B ,0242(9). EEP has indicated in a letter dated February 25, 2015 that they wil] assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with EEP's Mitigation Banking [nstrument signed July 28, 2010. [15A NCAC .028 .0295] 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 rnitigation 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 accord�nce with EEP's Mitigation Banking Instrument signed July 28, 2010. [ 15A NCAC 2H.0506{h)] d. Mitigation will not be required for jurisdictional areas impacted by temporary excavation provided impacted areas are restored to pre-itnpact conditions as much as practicably possible and jurisdictional status is re-attained within three growing seasons after final disturbance. [ I SA NCAC 02H.0506(c)(3)] 9. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams, shal I 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 aklow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shail 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 3�ICAC 02H.0506(b}(2)] ( l. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff; prior to diverting water into the new channel. 5tream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilizatifln shal] 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 channe! to prevent fish kills. [ f SA 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. [1 SA �ICAC 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. [I SA 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 resuit 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 consul[ 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 additionai impacts occur within the natural stream channel as a result of draining the pond. [ 15A NCAC 2F[.0506(b)(3)] l5. The permittee will need to adhere to al! appropriate in-water work moratoria (including the use of pile driving or vibration techniques} as described below [15A NCAC 02H.0506(b)(2) and 15A NCAC 04B. O125]: a. Due to the anadromous fsh spawning area, no in-water work is permitted in the Trent River between February I S 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 shali conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fisli Passage (May 12, 1997) at all times. b. - Due to the Inland Primary %lursery 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. lb. Pipes and culverts used exc(usively to maintain equilibrium in wetlands, where aquatic life passage is not a concern, need not be buried and can be installed at naturaf ground elevation. 17. NCDOT shall be in compliance with the l�CS000250 issued to the NCDOT, including the applicable requirements ofthe NCGO10000. 18. Tall fescue shall not be used in the estahlishment 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 contral 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 smafl animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along witl� wood or callulose 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 inixtures and wood or celfulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. [ 15A NCAC 02B.0224 and 0225] Ceneral Conditions: 19. Unless otherwise approved in this certification, placement of culveris and other structures in open waters and streams shall be placed below the eievation of the streambed by one foot for aEl 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 02B.0200J 2l. 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 ofthe 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)j 23. The use of rip-rap above khe 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)J 24. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [ l5A NCAC 02H .0507 (c) and l5A 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 ofNCDOT 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.OSOb(b}(3)] 27. Alf inechanized 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. [I SA NCAC 02H.Q506(b)(3)] 28. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certi�cation. [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. [ISA NCAC 02H.Q506(b)(3)] 30. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any require►nents 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 Stafe or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certificakion. [15A NCAC 02B.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. [ 15A 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 hy this certiiication. [ I SA NCAC 02H.0501 and .0502] 34. The issuance of Ehis certification does not exempt the Permittee from complying with any and all statutes, rules, regufations, or ordinances that may be imposed by other government agencies (i.e, local, state, and federal) havingjurisdiction, 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. []SA 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 "Certiiication of Completion Form" to notify NCDWR when all work included in the 401 Certification has been completed, [ I SA NCAC 02H.0502(fl] 37. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)] 38. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with t6is permit without appropriate modification, Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [ I SA NCAC 02H.0506(b)(3) and (c)(3)] 39. Erosion and sediment cont►•ol 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 [ l5A NCAC 02H.0506(b){3) and (c)(3)j: 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 Carolrna Sedrntenl and Erosron Control Planning and Design Mamrnl. 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 Sedrnrent nnd Erosion Contro! Manr�al, The devices shail be maintained on a11 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 Si�rface Mrning Mnnual. d. The reclamation measures and implemantation 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. [15A NCAC 02H.0506{b)(3) and (c)(3)] 41. All stormwater ruiloff shall be'directed as sheetflow through sh�eam buffers at non-erosive velocities, unless otherwise approved by this certification. (ISA NCAG 2B .0233] 42. All riparian buffers impacted by the placement oftemporary fill or clearing activities shall be restored ro the p'reconstruction contours arid revegetated. Maiiitained 6uffers shall be permanent,ly reyegetated with non- �voody species_ by the end of thegrowing season followiiig.completion of construction. For the purpose of ttiis condition, maintained buffer areas are defined a5 areas within the t�ansportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The:area with non-maintained buffers shall be pernlanently revegetated "with native �voody species before tGe next growing season following coinpletion of.constructioii, [ I SA NCAC 2B .0233J 43. Pursuant to I SA NCAC 2B .0233(6) sediinent and erosion control devices shall not be placed in Zone 1 of '���— any Neuse Buffer without prior approval by the NCDWR. At this time, the NC.DWR has approved no. t sediment and erosion control devices in Zone 1, outside of th.e approved project impacts, anywhere on:this . f project. Moreover; sediti►ent and erosion control,devices shall :be allowed in Zone 2 of thebuffers provided � thaf Zone I is not compromised and that discharge is released as diffuse-flotiv. [ I SA NCAC 2B .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 Certifcation. shall become null and void unless the above conditions are_made conditions of the Federal 404 and/or Coastal Area Nianagement Act Permit. „This Certification shall expire upon the e,xpiration of the 404 or CAMA permit. • If you wish to contest any statement in:the attached Certification you must file a petition for an aclministrative hearing. __ You may obtai�i the petition form from`the office of Administratiye hearings. You must file"the'petition with the ; office of Admi,nistrative Hearings within sixty (60} days of receipt of this notice. A petition is considered filed wl�eii it is received in tlie ofEice of Adii�inistrative Hearings during normal office hours. Ttie Office of Administrative : Hearings accepts filings Monday through Friday between the hours of 8:OOani and S:OOpm, except for official state holidays. THe original and one ( I) copy of the petition niust be filed witli the Offce of Administrative Hearings. The petition may be faxed-proyided the original �nd one copy of the docunfent is received by the Office of Administrative Hearings �vithin fiye (5) business days'follo�viiig the faxed transmission. The mailing address for tlie Office of Administrat'ive Hearings is: Office of Administraiive Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-431-3000, Facsiinile: (919)-431-3100 A copy of tl�e petition must also lie served on DENR as follows: Mr. Sam M. Hayes, General Counsel Depart►nent of Environment and Natural Resources 1601 Mail Service Center • This the.2nd day of March 2015 DIVfSION OF WATER RESOURCES - . . T' .a-'.o � S. Jay Zimmerman, Acting Director Division of Water Resources WQC No. 0040.12 � , ��� NCDENBt North Carolina Department of Environment and Natural Resources PaI,McCrory Governor. NCDWR Project No.s Applicant: Project Name: Date of Issuance of 401 Water Quality Certitication: County: Donald van der Vaarl Secrefary Certificate of Completion Upon completion of all work approved within the 401 Water Quality Gertification 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. Applicn�it's Certificnliat (, , 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 ofthe 401 Water Quality Certifcation anil Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Age�11's Certifrcnliar �, , hereby sfate that, to th"e 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: Eagirreer's Cerllficn�ion Partial Final �, , as a duly registered Professional Engineer in the State of North Carolina, hading been authorized to observe (periodically, weekly,'full time) the construction of the project,fo� the Pern�ittee hereby state that, to the best of my abilities, due care and diligence w�s 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 suppoi�ting materials. Signature Date Registration No. 1617 Mail Service Center; Raleigh,�North Carolina 27699-1617 Pfione: 919-807-6300�\ Intemei: www.nctlenr.gov An Equal Opporlunity' 1 AffirmaGve Action Empfoye� U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Miti�ation Responsibilitv Transfer Form Permittee: Mr. Richard W. Hancock, P.E. NCDOT/PDEA Action ID: SAW-2008-00528 Project Name: TIP R-2514 BCD County: Jones Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation 5ponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* **8-digit HUC and Basin: 03020106, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm � Cool � Cold � Riparian Riverine � Riparian Non-Riverine � N 4002 � 6.77 40.15 Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. ** See comments below for river basin impacts information �pensatory Mitigation Requirements: Stream Mitigation (credits) Warm Cool Cold 8004 HUC and Basin: 03020204, Neuse River Basin Wetland Mitigation (credits) an Riverine Riparian Non-Riverine Non-Riparian Coastal 13.54 80.06 Mitigation Site Debited: NCDOT/DMS/Croatan Wetland Mitigation Bank (CWMB) (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. ,Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Represe Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 12 September, 2014 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is,no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE,has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. COmmentS�AdditlOtlal C011dItIOf1S: R-2514 Sections B and the southern portion of Section C are located in the White Oak River Basin (HUC 03020301) and the remaining part of Section C and all of Section D is located within the Neuse River Basin (HUC 03020204). The CWMB is located in the Neuse River Basin (HUC 03020204) and is immediately adjacent to the project corridor. Total compensatory mitigation for permanent impacts to jurisdictional areas will be calculated at a 2:1 ratio. 7here is 0.07 acre of un-impacted non-riparian wetlands in Section C(Site 7) that was considered as a total take and was calculated at a 1:1 retio. USACE did not require compensatory mitigation for the temporery construction activities and stream bank stabilization impacts. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated 6ank ledger to: I) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager USACE Field Office: . Email: Tom Steffens Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 thomas.a.steffens@usace.army.mil STEFFENS.THOMAS.ANCRUM.1284706273 2015.05.19 09:06:17 -04'00' USACE Project Manager Signature Mav 18, 2015 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.armv.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at httq://re�ulatoN.usacesurvev.com/ to complete the survey online. SPECIAL CONDITIONS SAW-2008-00528 NCDOT TIP#: R-2514-B C D Improvements to the US Hi�hway 17 corridor be�innin� at the intersection of SR 1330 (Deppe Loop Road) and SR 1439 (Sprin�hill Road) in Onslow County near Bel�rade and endin� at the southern terminus of the New Bern Bypass, near the Jones/Craven Countv line, south of New Bern, North Carolina WORK LIMITS 1. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans dated February 11, 2015 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fll or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specifed in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. DEVIATION FROM PERMITTED PLANS: Except as authorized.by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. There shall be no excavation from, waste disposal into, or degradation of, jurisdictional wetlands or waters associated with this pennit without appropriate modifcation of this permit, including appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities connected with this project. In addition, except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce the reach of waters or wetlands. 5. BORROW AND WASTE: To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent waters and wetlands, except as authorized by this.permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material or to dispose of dredged, fill or waste material. The permittee shall . f provide the Corps of Engineers with appropriate maps indicating the locations of proposed borrow or waste sites as soon as such information is available. The permittee will coordinate with the Corps of Engineers before approving any borrow or wa,ste sites that are within 400 feet of any stream or wetland. All jurisdictional wetland delineations on borrow and waste areas shall be verified by the Corps of Engineers and shown on the approved reclamation plans. The permittee shall ensure that all such areas comply with Special Condition 4 of this permit and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This documentation will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with Special Condition 4. All information will be available to the Corps of Engineers upon request. The permittee shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. 6. PRECONSTRUCTION MEETING: The permittee shall schedule and attend a preconstruction meeting between its representatives, the contractors representatives, and the Corps of Engineers, Washington Regulatory Field Office, NCDOT Regulatory Project Manager, prior to any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all the terms and conditions contained with this Department of Army Permit. The permittee shall provide the USACE, Washington Regulatory Field Office, NCDOT Project Manager, with a copy of the final permit plans at least two weeks prior to the preconstruction meeting along with a description of any changes that have been made to the project's design, construction methodology or construction timeframe. The permittee shall schedule the preconstruction meeting for a time frame when the Corps and NCDWR Project Managers can attend. The permittee shall provide the Corps and NCDWR Project Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedules and participate in the required meeting. RELATED LAWS 7. SEDIMENTATION/EROSION CONTROL PLAN: a. During the clearing phase of the project, heavy equipment must not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non-erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. b. No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the �plan drawings and specifically authorized by this permit. c. The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades on those areas, prior to project completion. d. The permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to assure compliance with the appropriate turbidity water quality standard. 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 assure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt � fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter ] 13A Article 4). Adequate sedimentation and erosion control measures must be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures must be inspected and maintained regularly, e'specially following rainfall events. All fill material must be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 8. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 707-8787 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. PROJECT MAINTENANCE 9. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. a. Prior to construction within any jurisdictional areas, the permittee must correctly install silt fencing (with or without safety fencing) parallel with the construction corridor, on both sides of the jurisdictional crossing. This barrier is to serve both as an erosion control measure and a visual identifier of the limits of construction within any jurisdictional area. The permittee must maintain the fencing, at minimum, until the wetlands have re-vegetated and stabilized. 10. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. 11. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. SILT-FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and -. wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article. 4). 13. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 14. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. 15. TEMPORARY DISCHARGES: Temporary discharge of excavated or fill material into wetlands and waters of the United States will be for the absolute minimum period of time necessary to accomplish the work. All authorized temporary wetland, stream, and tributary impacts will be returned to pre-disturbance grade and contour, and re-vegetated. ENFORCEMENT 16. REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Washington Regulatory Field Office, c/o Mr. Thomas Steffens 2407 West Sth Street, Washington , North Carolina 27889, and by telephone at: 910-251-4615. The Permittee shall reference the following permit number, SAW-2008-00528 on all submittals. 17. REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the discovery of the violation. 18. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. COMPENSATORY MITIGATION 19. North Carolina Division of Mitigation Services: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 20. CONCRETE CONDITION: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). 21. CULVERTS: For construction of culverts, measures will be included in the construction that will promote the safe passage of fish and other aquatic organisms. For all culvert construction activities, the dimension, pattern, and proiile of the stream, (above and below a pipe or culvert), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the stream for culverts greater than.48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. 22. MORATORIA: To avoid adverse impacts to spawning populations of fish species at this project site; the following in-water work moratoria will be adhered to: -No in-water work will be permitted in the Trent River between February 15 and June 15 of any year without prior approval from the Corps and the NMFS. The permittee shall follow the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage" (May 12, 1997) at all times. -No in-water work will be permitted in the White Oak River between February 15 and September 30 of any year due to an Inland Primary Nursery Area designation; without prior approval fram the Corps and the NC Wildlife Resources Commission. For the purpose of this moratorium, "in-water" is defined as those waters within the Trent or White Oak Rivers and their associated perennial tributaries, and their adjacent wetlands that during periods of inundation have an active connection to these tributaries. SECTION 10 AND NAVIGATION 23. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reasons other than safety. 24. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (252) 247-4525. 25. This permit does not authorize the interference with any existing or proposed Federal project, and the Permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. t 26. Subaqueous Crossing Notification: For utility line crossings under navigable waters, the permittee shall provide 1) the Corps and 2) the National Ocean Service, Office of Coast Survey, N/CS261, 1315 East West Highway, Silver Spring, MD 20910-3282, accurate certified as-built location drawings, or other appropriate certification such as from Miss Utility (1-800-257-7777) showing the location and configuration of the utility line upon completion of the construction. The data collected should include the "centerline" data for the utility line location in waters of the United States crossings, as well as include the "toe" data showing where utility lines enter the water at the banks as this is where dredge anchors and spuds may be placed. This information must be provided within 30 days of completion of each underwater utility line crossing. CULTURAL RESOURCES 27. Historic Resources: The permittee shall adhere to all of the stipulations contained in the Memorandum of Agreement (MOA) between the Corps, SHPO and NC DOT as developed to address the adverse effect of the proposed improvements to US 17. Archaeological Site 31 JN 128 will not be avoided by construction activities; as such, data recovery excavations will be required once right-of-way has been acquired and prior to construction. CZMA 28. The permittee shall adhere to all of the conditions set forth in the NC Division of Coastal Management Major Development permit No. 43-15, dated March 24, 2015 and all subsequent letters of refinement or modifications therein. UTILITIES 29. All utility work performed under a non-reporting Nationwide Permit 12 (NWP 12 - Utility Lines) associated with this project is subject to all applicable terms and conditions of the NWP 12 and Wilmington District Regional Conditions. Failure to institute and carry out the details of Special Conditions 1-29, may result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with TIP No. R-2514 B, C D or such other remedy as the District Engineer or his authorized representatives may seek.