20160297 Ver 1_Approval Letter_20160415

Water Resources
ENVIRONMENTAL OUALITY
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I)ON-'11.1) R. V�1N I)I�:)t V:1ART
S. Jr11' %1N9h1f�;kMAN
April I5, 2016
Wake County
NCDWR Project No. 20160297
N� Hwy 54 ]mprovements
APPROVAL of 401 WATER QUALITY CERTIFICAT[ON and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Brian Ketchum
Meritage Homes of the Carolinas [nc
3005 Currington Mill Blvd
Suite 100
Morrisville, NC 27506
Dear Mr. Ketchum:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
improvements to NC 54 at Fairbanks Road in Wake County:
Stream Im acts in the Neuse River Basin
Site � RipRap to intermittent Permaneni Fiil in Intermitteni
Stream linear ft Stream linear ft)
I IS 75
Total 15 75
Total Stream Impact for Project: 90 linear feet.
IYeuse Ri arian Buffer Im acts
Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact
s ft Re uired (usin 3:1 ratio (s ft)
1 4562 N/A 2817
Totals I 4562
0
2817
Total Siream Impact
(linear ft)
90
90
Zone 2 Buffer Mitigation
.equired (using 1.5:1 ratio
N/A
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 7379 square feet.
0
The project shall be constructed in accordance with your application received March 22, 2016. 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
fe�eral, stat� o: loca� permits befcr:. you p�oceed w�ith yoar project in;,ludin� (bat not limited to) Sc�imer.t and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
State of North Carolira IEm�irorunental Qualit� ,\Vater kesources
1017 tvlaii Service Cenier, Raleigh. Norh Carolina 27099-1617
Fho�e 9i9-E07-6300

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 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification ar.d any additional conditions listed below.
Conditions of Certifieation:
1. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and rzvegetated. 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]
2. Pursuant to ISA NCAC 2B.0233(6), sediment and erosion control devices shall not Ue placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has apnroved 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.
3. For any 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)]
4. 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 notential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.02001
5. During the construction of the project, no staging of equipment of an_y kind is permitted in waters of the U.S., or
protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
6. 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)]
7. The use of rip-ran 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)]
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [] SA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. 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.0�06�b)(3) and �c)(3)]
10. 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)]
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination af str:,am waters from fuels, lubricants, hyd:auiic fluids, cr other toxic. muterials. [15:1 NCAC
02H.0506(b)(3)]
12. No rcck, sand or other materials shall be dredged from the stream chann�l except v�here authorized by tl�is
certification. [15A NCAC 02H.G505(b)(3)]

13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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 conditior.s are necesszry to assure compliance, the NCDWR may reevaluate and modify this certification. [� SA
NCAC 02B.0200j
15. 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 on-site project
manager. [15A NCAC 02H .Q507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
16. 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]
17. 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.
18. 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)]
19. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee 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(fl]
20. Native riparian vegetation (i.e; trees and shiubs native to your geographic region) must be reestablished in the riparian
areas ��vithin thP �nnutrurtior. ]imzts of the proiect b;� the end of the �ow�r..g S0$�O?: fellowing co�npletion of
construction.[15A NCAC U2B.0233(10)1
21. 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)]
22. Erosion and sediment cantrol practices must be in full compliance with all specifications governing the proper design,
installation and ope:ation and maintenance of such Best Management Practices in arder 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
Cor.trol Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment ar_d erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Caroiina 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 r�elamation measures and implementation must comply with the rec:amaticn ir. ac�ordance with the
requirements of the Sedimentation Pollution Control Act.
23. Sediment and erosion control r.leasures shall nat be placed in wetlands or watars unless othe,rwise approve 1 l�y �his
Certification. [1�A NCAC 02H.0546(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 O�ce 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 Heazings.
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: [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
T'his 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.
' cerely,
��
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Tasha Alexander, US Army Corps of Engineers, Raleigh Field Office
Troy Beasley, Withers & Ravenel
File Copy

Water Resources
[NVIRONMLN Il�L �Uill.11 f
NC'DWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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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 ta NCDWR �y the applicant, .he applicant's autharized agen., or the project eng�neer. It 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.
Si�i�ature: Date:
�g�;i''s C'zrtif,-cut:on
[, , 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 Certifrcation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (pe�-iodically, 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
nate
Registration No.
State of Nerth C;�rolina ;F,m��ronmental Quahty Watcr Rcsou:ces
16 i7 Mail Service Center, Raleigii. North Caroli��a 2%699-1617
Phone:[phone]U