20160041 Ver 1_Approval Letter_20160308

Water Resources
ENVIRONMENTAL OUAUT7
Mr. Colin Mellor. Group Leader
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
I' \ I \11���ROKl�
I>ti�,�\l I) It- �:l\ l)I.It ��;AAR"I�
March 8, 2016
� J_Al� %l��l�ll�:[ZMAN
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDIT[ONAL CONDITIONS for Proposed interchange at NC 540 and SR 1 153 in Wake County, State
Project No. 35520.3.55, T[P No. R-2635D
NCDWR Project No. 20160041
Dear Mr. Mellor:
Attached hereto is a copy of Certification No. 4055 issued to The North Carolina Department of Transportation
(NCDOT) dated March 8, 2016.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
� �
�' ,
S. J Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Ofticer
Chris Rivenbark, NC Department of Transportation
Beth Reed, Kimley-Horn
File Copy
Stateof NoRh Carofina �,Fnviron:ner.tzl Qu21i?y j Water Resources
161 i M2d Seniice Cen�er. Rale:oh Ncrth Carolina 27o'i`i-16'7
Phone-919-807-6300
� - �, -
�d`��'� "

401 Water Quality Certi�cation Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
TI-IIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.07 acres of jurisdictional wetlands,
and 684 linear feet of jurisdictional streams in Wake County. The project shall be constructed pursuant to the
application received February 3, 2016. The authorized impaccs are as described below:
Stream Im acts in the Ca e Fear River Basin
Site Permanent Fill Bank Temporary Permanent Bank Temporary Total
in Intermittent Stabilization to Impact to Fill in Stabilization to Impact to Stream
Stream Intermittent Intermittent Perennial Perennial Perennial Impact
(linear ft) Stream Stream Stream Stream Stream (linear ft)
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
1 0 0 0 18 55 20 93
2 0 0 0 117 0 35 152
4 275 46 20 0 0 0 341
5 74 14 10 0 0 0 98
Total 349 60 30 135 55 55 684
Site Permanent Fill
(ac)
3 0.03
7 0
Total 0.03
1'otal �tream lmpact tor Yro�ecr. bs4 nnear teet
Wetland Im
Temporary Fill
(ac)
0
0.01
ts in the Ca
Excavation
(ac)
0
0.01
Fear River Basin
Mechanized Clearing
(ac)
0.02
0
0.01 0.01 0.02
Total Wetland Impact for Project: 0.07 acres.
Total Wetland Impact
(ac)
0.05
0.02
0.07
O en Water (Ponds) Im acts in the Ca e Fear River Basin
Site Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac)
6 234 0 234
Total 2.34 0 2.34
Total O�en °JVater Impa�t for Project: 2.34 acres.

The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only vali� for the purpose and design that you submitted in your application received February 3,
2�16. Should your project change, you are required to notify the i�1CDWR 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 1�0 linear feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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 Certi�cation:
1. Unless otherwise approved in this certification, placement of new 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 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)]
2. If mu?tir le pipPs er �arr:ls are req<<ired, they shall be designe� t� mimi� raTural ctream cr�ss 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 NCAC 02H.0506(b)(2)]
3. 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. [15A
NCAC 02H.0506(b)(2)]
4. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5. 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 result 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 consult with NC Wildlife
Resources staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to
these species. [15A NCAC 2H.0506(b)(3)]
6. 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 ta the pctentiai for elevated pH and possible aqua�ic life and fish ki11s. �15A NCnC 02SA200}
7. 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}]
8. The dimension, pattern and profle ofthe stream above and below the crossir,g shall not be modified. Dic+,urbed
�oodplai.ns and streams shall be restoi•ed to nah!ral 6eomo:phic conditions. [i5A NCAC Q2H.Q506(b)(2)�

9. 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)]
10. 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)]
11. 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)] ,
12. 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.0506(b)(3)]
13. 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)]
14. 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)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
16. 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 aGhieved use) or th�t State or federal law is bein� violated, or that
�rther c�r_ditions are necessa_ry te assare cnmp!i�n��, the NCL�WR may reeva!uate �n� moe�ifi� this certifcation. �? SA
NCAC 02B.0200]
17. 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)]
18. 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)]
19. 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. [15A NCAC 02H.0501 and .0502]
20. 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.
21. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Enginee; shall complete a7d reiurr� tile enclosed "Ceriificatioil of Completion Fonn° to notify the NC�VJR when all
work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
23. Native rip�rian vegetaii�n (i.e. trees a=.?d sl�rubs native to your geographic region) m��st be rEest�blished in thp riparian
areas within the cons+ruction limits of ihe project by the end of the growing season following completion of constr�action.
[15A NCAC 02B.0506(b)(2)]

24. 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)]
25. Erosion an� sediment control practices must be in full compliance with all specifications governing the proper design,
installafion 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.
26. 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)]
Violationc of any ronc�:rion her�in s�t forth m�y rec�alt in revocaticn �f this CPr�ific�tion and may resu!t in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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 Maii 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, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 8th day of March 2016
DIVISION OF WATER RESOURCES
�
�
S. Jay Zimmerman, Director
WQC Ne. 405�

Wafer kc su«rc�es
ENVIRONMENI.:L GU^.L ' i
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of �O1 Water Quality Certification:
County:
PAT MCCRORY
U��rcrnor
DONALD R. VAN DER VAART
,� ������<<„�� �
S. JAY ZIMMERMAN
�
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 Certifrcation
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:
Agent's Certifieation
(, , 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 Certifreation
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 the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
State of North Carolina IEnvironmental Qualiry , Water Resources
1617 Mail Service Center, Raleigh. North Carolina 27699-1617
Phone:[phone]