20151218 Ver 1_Approval Letter_20151216

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Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
c�„���•„�,Y
DONALD R. VAN DGR VAART
Secrela�}�
S. JAY ZIMML;RMAN
UO'G'ClOY
December 16, 2015
Orange County
NCDWR Project No. 20151218
Railway Crossing Closures
TIP No. P-4405 [, J, K
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BASIN BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. Marc Hame(, Manager of Environmental Programs
NCDOT, Rail Division
1 South Wilmington Street
Room 555
Raleigh, NC 27699
RE: TIP No. P-4405I, WBS No. 6200.7.STR16T1A; TIP No. P-4405J, WBS No. 6200.7.STR2lT1A;
and, TIP No. P 4405K, WBS No. 6200.7.STR26T1A. Orange County, NC Federal Aid Project No. FR-
FRA-HSR-0006-10-01-00. -
Dear Mr. HameL•
You have our approval, in accordance with the conditions listed below, for the following impacts in Tables 1
through 5 below for the purpose of closing three public at-grade crossings with the North Carolina Railroad
�"NCRR)�"�Iortoik Southern Raiiway (NS) at Gordon Thomas Drive (F-44051-no impacts), Greenbriar Drive (P-
4405J) and Byrdsville Road (P-4405K).
Table 1. Stream Im acts in the Neuse River Basin for P-4405J.
Temporary Fill in Permanent Fill in
Perennial Stream
Perennial Stream Total Stream Impact
Site (��near ft) (linear ft (��near ft)
(Dewatering) Culvert Bank
Stabilization
1 44 49 56
1 70 67 18
Totals 114 116 74
Total Stream Impact for this portion of the Project: 304 linear feet
149
155
304
Table 2. Stream Im acts in the Neuse River Basin for P-4405K.
Temporary Fill in Permanent Fill in
Perennial Stream Perennial Stream Total Stream Impact
Site (��near ft) ��near ft) (��near ft)
(Dewatering) Culvert Bank
Stabilization
1 31 32 56 , 119
Totals 31 32 56 119
Total Stream Impacts for this portion of the Project: 119 linear feet
State of North Carolina �Environmental Quality � Water Rzsources
i617 Mail Service Center, Raleioh, North Caroiina 27699-1617
Phone:[phone]
Stream Impacts
Requiring
Mitigation
(linear ft)
105
85
190
Stream Impacts
Requiring
Mitigation
(linear ft)
0
0

Table 3. Neuse Ri arian Buffer lm acts for P-4405J.
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
1 7,R503 3;104 � 4,746.3 0 4,519.8 960 3,559.8 0
(Road)
Totals 7,850.3 3,104 4,746.3 0 4,519.8 960 3,559.8 0
Totai Buffer Impact for this portion of the Project: 8,306.1 square feet.
Table 4. Neuse Ri arian Buffer Im acts for P-4405K.
Site Zone 1 minus = Zone 1 Zone l Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation [mpact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
� 5 888.9 0 - 0 2,600.9 0 - 0
(Road) '
Totals 5,888.9 0 - 0 � 2,600.9 0 - 0
Total Buffer Impact for this portion of the Project: 8,489.8 square feet
Table 5. Wetland Im acts in the Neuse River Basin Bottomland Hardwood Forest and Headwater-Riverine P-4405J
Fill Area under
Fill Excavation Mechanized Hand Clearing Total Wetland
Site (temporary) Bridge
(ac) a�� (ac) Clearing (ac) (ac) a� Impact (ac)
1 0.08 - - 0.01 - - 0.09
i i t�.04 - - �.02 - i - i 0.06
T�eais I a�2 � - � - � 0.03 � - � - � o.is
Total Wetland Impact for this portion of the Project: 0.15 acres.
The project shall be constructed in accordance with your application dated received November 6, 2015 and
subsequent information submitted on December 7, 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 Neuse Riparian
Buffer Rules (15A NCAC .02B .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 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). Addition3l buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certitication:
Project Specific Conditions
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 2B.0233(5)�

All riparian buffers impacted by the placement of temporary fill or ciearing 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. For the
purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor
that will be subject to regular NCDOT maintenance activities including mowing. The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction. (15A NCAC 2B.0233)
3. Pursuant to 15A NCAC 2B .0233(6), sediment 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 NCDWR has approved no
sediment and erosion controi 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.
4. For the 145 linear feet of streams being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species. [ISA NCAC
02 H.0506(b)(2)]
5. Off-Site Stream Mitigation
Compensatory mitigation for 190 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 Division of
Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for
the project. The DMS has indicated in a letter dated November 3, 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 DMS Mitigation Banking [nstrument signed July 28, 2010.
General Conditions
lJnless otherwise approved in this certifi_cation, placement of culverts and other struct�ares in open waters
and streams shzll be placed belo�v the el�vation af the s±r:am�ed by on� fact for a!1 �u!ver±s wrth a
diameter greater than 48 inches, and 20 percent of the culvert diameter for cuiverts having a diameter
less than 4$ inches, to allow low flow passage of water and aquatic 1ife. 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)J
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 potentiai 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 02HA�06(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. 'fhe use ofrip-rap above the Norn�al Iiign 9dater IViark 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 shail enc�ir;, that the final design drawings adhere to the permit and to the permit
dra�vings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
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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
mir.imize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(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, hydrau(ic 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)]
11. 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) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. [f 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 026.0200]
13. All fill slopes located in jurisdictional wetlands shall be p(aced 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. Tn
additien, the Water Q��al�h� Certificatien and all s�:bse�uPnt modifcatio_r,s, ifany, shal? rP rr►aintained with
the Division Engineer and the on-site project manager. � I SA NCAC 02H .0507(c j and I SA NCAC �2H
.0506 (b)(2) and (c)(2)]
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. lmpacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A 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 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)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites j, the NCDOT
Division Engineer (or appointee) 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. [15A
NCAC 02H.0502(�]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of tne growing s�ason following completion of constructicn.[ i SA NCaC 02B.G23�(6)j
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this pe;-mit with�ut appropriate moditication. 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)]

21. 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 Contro[ Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such tnat tney 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 Cai�olina 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)]
If you wish to contest any statement in the attached Certification you must file a petition far 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 ofthe 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 transmis�ion.
ThP mailin� ad�ress for the Off ce of Adm:nist�-ati�e He�ri_n.gs ?s:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, Gene:al Counsel
Department of Environmental Quality
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 Dave Wanucha at [phone] or [e-mail].
Sincerely,
(/ �- 7 c� ,
�
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Dave Sailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thomson, Division 7 Environmental Assistant (njthomson2(a�ncdot.�)
Scotl Davis, A�;iom Environmental (srcrvis�axicime.=rvironmental.r,rg)
Travis �Vilson, NC Wildlife Resourczs Commission
Beth Harmon, Division of Mitigation Services
File Copy

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Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PA'l' MCCRORY
c«„��,„�„•
DONALD R. VAN DER VAART
Secrelai_��
S. JAY ZIMMFRMAN
Uu'cClul^
Certif►cate 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 appticant, the applicant's authorized agent, or the project engineer. �t is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction 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.
�ignature: Date:
�gerrt's C2rtifcatian
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:
Engineer's Certification
Partial
Final
Date:
1, , 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 far 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
Vb'ater Quality Certification and Buffer Rules, the approved plans and specifications, and other suppc,rting materials.
Signature
L�ate
Registration No.
S[ate of North Carclina �Environmental Quality � Water Resources
1617 Mail Service Center, Raleigh, NoRh Carolina 27699-1617
Phone:9t9-807-6300