20150571 Ver 1_Approval Letter_20150615

..` ���
����
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
June 15, 2015
Hoke County
NCDWR Project No. 20150571v.1
Highway 401 Safety Improvements
TIP No. W-5208J
APPROVAL of 401 WATER QUALITY CERTIF[CATION with ADDITIONAL CONDITIONS
*After the Fact*
Mr. Art King, NCDOT, Division 8 Environmental Officer
P.O. Box 1067
Aberdeen, NC 28315
Dear Mr. King:
You have our approval, in accordance with the conditions listed below, fcr the following impacts for the purpose of
improving safety by constructing a bulb-out on Highway 401 in Hoke County: -
Wetland Impacts in the Cape Fear River Basin
Fill Hand Total Impacts
Site Fill (ac) (temporary) Excavation Mechanized Clearing Wetland Requiring
(ac) (ac) Clearing (ac) �ac) [mpact (ac) Mitigation (ac)
1 0.10 -- -- -- -- 0.10 0.00
Total 0.10 0.00 0.00 0.00 0.00 0.10 0.00
Total Wetland Impact for Project: 0.10 acres.
The project shall be constructed in accordance with your application dated received June 8, 2015. After rev.iewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. [n addition,
you should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the atiached certification(s) and any aciditional conciitions listed below.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmative Aciion Employer

'-"" Conditions of Certification:
1. 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)]
2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
3. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A
NCAC 02H.0506(b)(3)]
4. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [ 15A NCAC 02H.0506(b)(3)]
5. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certification. [15A NCAC 02B.0200] �,
6. 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)]
7. 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)]
R. The outside buffer, wetland or water boundary located wi±hin the construct?on corridor approved by this
authorization shall be clearly marked by higlily visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC
02H.0501 and .0502]
9. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
10. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ 1 SA NCAC 02B.0506(b)(2)]
1 1. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division, Engineer or other authorized agent `shall complete and return the enclosed "Certification of
Completion Form" to notify the NCDWR when all work included in the 401 Certification has been
completed. [ I SA NCAC 02H.0502( fl]
12. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)]
13. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
14. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):

a. The erosion and sediment control measures for the project must be designed, installed, operated, and
' �"`" maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual. ,
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
I5. 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)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition. is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact David Wainwright at [phone] or [e-mail].
Sincerely,
��(i�
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
Electronic copy only distribution:
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Beth Harmon, NCDENR, Division of Mitigation Services
File Copy

: ���'�'��
����
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
�, , 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 C�uality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials. '
Signature; �ate:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certifieation
Partial Final
�, , as a duly registered Professional Engineer in the State ofNorth
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportuniiy 1 A�rmalive Action Employer