20150635 Ver 1_Approval Letter_20150716

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
July 16, 2015
Nash County
NCDWR Project No. 20150635
Candlewood Road, Rocky Mount
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION, with ADD[TIONAL CONDITIONS
Mr. Donald M. Pe►ry, PE, Stormwater Engineer
City of Rocky Mount, Dept. of Public Works
PO Box 1180
Rocky Mount, NC 27803
Dear Mr. Perry:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a culvert on Candlewood Road in Nash County:
Site
Total
Stream Im ar_�� in the Tar-Pamli�o Ri��er Basin
Permanent Impact in Perennial Temporary Impact in
Stream (linear ft) Perennial Stream (linear
95
Total Stream Impact for Project: 150 linear feet.
Tar-Pamlico
Site Zone 1 Impact Zone 1 Buffer Mitigation
(sa ftl Required (usin� 3:1 ratio'
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Total Stream Impact
150
Buffer Im acts
Zone 2 Impact Zone 2 Buffer Mitigation Required
(sa ftl (usin� 1.5:1 ratiol
Totals I 1630 I N/A I I 0 I N/A
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer [mpact for Project: 1630 square feet.
The project shall be constructed in accordance with your application received June 26, 2015. After reviewing 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. This approval is also
valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC .026 .0295). In 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 pern�ii.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmalive Action Employer

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). Additional buffer impacts may require compensatory mitigation
as described in l5A NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in
the certification and any additional conditions listed below.
Conditions of Certification: .
General Conditions
1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream 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)]
2. 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.0200]
3. 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)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ 15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. 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
(�)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. 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. [ 1 SA NCAC
02HA�06(b)(3)] �
9. 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)]

10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification. [15A NCAC 02H.0506(b)(3)]
1 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] ,
12. 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 requiremenis 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. [ISA NCAC 02B.0200]
13. 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)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [n
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained
with theon-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l .
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ISA NCAC 02H.0501 and .0502]
16. 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.
17. The Pe�-mittee shall report any violations of this certificatien to the Di:�is+on of Water Resource� wi±hin
24 hours ofdiscovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the project
manager shall complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 40l Certification has been completed. [15A NCAC
02H.0502( fl]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season follawing completion of construction.[15A NCAC
02B.0506(b)(2)]
20. There shalt 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)]
2 L 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 [i5A 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 Gesign 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.
22. 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)]
23. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. Insert buffer rule citation. [15A NCAC 2B.0259(6)]
24. All riparian buffers impacted by the placement of temparary fill or clearing activities shall be restored to
the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with
non-woody species by the end of the growing season following completion of construction. Far the
purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor
that will be subject to regular NCDOT maintenance activities including mowing. The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction. Insert buffer rule citation. [ 15A NCAC 2B.0259(6)]
25. Pursuant to [ 15A NCAC 2B.0259(6)], sediment and erosion control devices shall not be pfaced in Zone
1 of any Tar-Pamlico Buffer without prior approval by the NCDWR. At this time, the NCDWR has
approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts,
anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of
the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
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 of�icP of Administrative Hea!-ings w?thin six±y �60) days of receipt ef this notice. A pPtition is considere�
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 ofthe petition must be filed with the Offce 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 ad�ress for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (914)-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 Rob Ridings at 919-707-8786.
Sincerely,
�
�
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
John R. Davis, Jr., Soil Horizons .
File Copy '

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project l�tame:
Date of [ssuance of 401 Water Quality Certification:
County:
Donaid R. van der Vaart
Secretary
CertiCcate 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.
Applieant'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
corlpliance and intent of the 401 Water Qua�ity Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials. ,
Signature: Date:
Agent'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 Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: � Date:
Engineer's Certification
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of tne 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 Opportunity 1 Affrmative Action Employer