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Home My WebLink About20160299 Ver 1_Approval Letter_20160520Water Resources ENVIRONMENTAL QUALITY Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 PAT MCCRORY Governor DONALD R. VAN DER VAART May 20, 2016 Secretary S. JAY ZIMMERMAN Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed Asheboro Southern Bypass and Zoo Connector in Randolph County; TIP Project No. R-2536, WBS Element 34450.3.S 1. NCDWR Project No. 20160299 Dear Mr. Harris: Director Attached hereto is a copy of Certification No. 4059 issued to The North Carolina Department of Transportation (NCDOT) dated May 20, 2016. If we can be of further assistance, do not hesitate to contact us. Sincerely, S. Jay Zimmerman, Director Division of Water Resources Attachments Electronic copy only distribution: Andy Williams, US Army Corps of Engineers, Raleigh Field Office Art King, Division 8 Environmental Officer Rodger Rochelle, NC Department of Transportation Chris Rivenbark, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Brian Wrenn, NC Division of Water Resources File Copy State of North Carolina Environmental Quality I Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS 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 8.66 acres of jurisdictional wetlands, 34,834 linear feet of jurisdictional streams and 10.69 acres of open water (ponds) in Randolph County. The project shall be constructed pursuant to the application dated received March 24, 2016 and additional information dated received May 19, 2016. The authorized impacts are as described below: Table 1. Stream Impacts. Site Number Permit Drawing Number Surface Water Site Code Permanent Fill in Surface Water (linear ft) Temporary Fill in Surface Water (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft) Yadkin River Basin IA, 113 5 SB -AA 237 22 259 - 2 8 SD -AA 523 11 534 - 3 12 SAA -AA 205 14 219 - 5 12 SM -AA 258 25 283 - 4A 12 SE -AA 69 10 79 - 4B 12 SE -AA 563 - 563 - 4C 12 SE -AA* 795 20 815 795 4D 12 SE -AA* 11 21 32 11 4E 12 SE -AA* 753 10 763 753 6A, 6B, 6C 12 SZZ-AA 651 40 691 - 18A, 18B, 18C 23 SH -AA 419 32 451 - 19 25 SK -AA* 312 20 332 312 7 20 SG -AA* 1,355 20 1,375 1,355 8 31 SJ -AA 267 10 277 - 9 31 SO-AB/SI-AA* 1,091 21 1,112 1,091 21 53 SO-AB/SI-AA* 547 27 574 547 22 56 SM -AB* 585 33 618 585 10 37 SM -AB* 759 49 808 759 11 37 SL -AB 378 10 388 - 13 44 SK -AB* 782 22 804 782 14 44 SI -AB* 84 10 94 - 15 44 SJ -AB 322 36 358 - 16 49 SF -AB* 564 27 591 564 17 49 SH -AB 121 - 121 - 23A 64 SC -AB* 10 38 48 10 23D, 23E 66 SA -AB* 905 30 935 905 24 66 SB -AB* 86 - 86 - 26 70 Little River* 53 40 93 - 27 75 SR -13 982 11 993 - 29 77 SW -B 971 13 984 - 30 77 SZ -B* 1,161 26 1187 1,161 48 119 SAA -B* 334 21 355 334 49 119 S W W -B 100 10 110 - 28 77 SWW-B 520 10 530 - T., L.1.. 1 Q+-.- 7.., -+. Site Number Permit Drawing Number Surface Water Site Code Permanent Fill in Surface Water (linear ft) Temporary Fill in Surface Water (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft) Cape Fear River Basin 31 83 S1313-13 330 13 343 - 32 83 SCC -13 148 10 158 - 33 87 SDD-B* 551 29 580 551 34 89 SEE -13* 535 29 564 535 35 89 SHH-13* 443 21 464 443 36 89 SGG-B* 581 - 581 581 37A, 37B 94 SQQ-13 101 70 171 - 104 94 SPP -13 345 49 394 - 38B 94 SII -B* 481 21 502 481 40 103 SKK-13* 534 22 556 534 39 103 SNN-B 3 11 14 - 41 103 SLL-B* 352 12 364 352 43A 108 SB -C* 4 15 19 4 43C I10 SC -C* 85 10 95 85 57/58A 110 SD -C* 888 12 900 888 47B 116 SU -13* 163 14 177 163 46 116 SV -B* 23 11 34 - 47A 116 SU -13* 77 10 87 77 45A 114 ST -13 202 16 218 - 45B 114 ST -13 264 13 277 - 44 112 SS -13 231 26 257 - 50 123 SKK-D 36 20 56 - 52 127 SH -D 442 15 457 - 56A,56B,56C,56D 135 SC/SD-D 921 41. 962 - 53 129 SG -I) 327 21 348 - 55 132 SF -I) 401 21 422 - 59 150 SG -C* 5 88 93 5 60 150 SF -C* 275 62 337 275 61 150 SE -C 274 10 284 - 62/63 156 SH -C* 290 163 453 290 64 160 SI -C 413 10 423 - 64 160 SYY-C 48 29 77 - 65 165 SJ -C* 339 86 425 339 66/67/68/69 169 SK -C* 297 143 440 297 70 176 SL -C* 360 24 384 360 71 179 SM -C* 1 402 35 437 402 72 179 SN -C* 716 66 782 716 73 186 SO -C 164 30 194 - 74 189 SQ -C* 306 130 436 306 75 189 SS -C* 277 48 325 277 76/76A/78/82 193 SV -C 649 20 669 - 85 206 SX -C* 318 101 419 318 Table 1. Stream Impacts. Notes: * indicates that stream is perennial. Table 2. Wetland Impacts. Site Plan Sheet Wetland Site Code Permanent Fill Temporary Total Stream Hand Clearing (ac) Permit Surface Water in Surface Fill in Stream Impacts Site Number Drawing Site Code Water Surface Impact Requiring - Number 8 (linear ft) Water (linear ft) Mitigation - 3 14 WB -AA (linear ft) <0.01 (linear ft) 101/102/103 244 SBB-C/SAA-C* 153 77 230 153 86 221 SNN-C* 461 120 581 461 87 213 SCC/SEE-C* 146 66 212 - 97/98 235 SFF/SKK-C 240 92 332 - 96 235 SMM-C 124 18 142 - 100 239 SGG-C 227 11 238 - 94 221 SNN-C* 178 105 283 178 89 221 SNN-C* 57 31 88 57 90 221 SNN-C* 20 32 52 20 91 221 SNN-C* 13 23 36 13 Total - - 31,993 2,841 34,834 19,125 Notes: * indicates that stream is perennial. Table 2. Wetland Impacts. Site Plan Sheet Wetland Site Code Permanent Fill (ac) Temporary Fill (ac) Mechanized Clearing � (ac) Excavation (ac) Hand Clearing (ac) Yadkin River Basin 2 8 WYZ-AA 0.09 - - - - 2 8 WXX-AA 0.03 - - - - 3 14 WB -AA - - <0.01 - - 6A, 613 12 WUU-AA 0.33 - 0.02 - - 19 25 WD -AA <0.01 - - - - 20 28 WE -AA 0.07 - - - - 8 31 WYY-AA 0.18 - - - - 9 33 WZZ-AA 0.46 - 0.03 - - 12 41 WH -AB 0.02 - - - - 17 49 WG -AB <0.01 - - - - 23B 64 WF -AB 0.03 - <0.01 - - 23C 66 WE -AB <0.01 - - - - 23D 66 WA -AB 0.07 - - - - 23D 66 WB -AB 0.04 - - - - 23D 66 WC -AB <0.01 - - - - 24 66 WD -AB 0.01 - - - - 25 70 WM-AB 0.47 0.18 0.30 - - 26 70 WN -AB 0.05 - - - - 48 119 WXX-B 0.96 - 0.17 0.09 - 31 83 WP -B <0.01 - <0.01 <0.01 - Cape Fear River Basin 37B 94 WTT-B 0.02 - - - - 38A, 38C 94 WU-B 1.56 - 0.14 0.03 38B 94 WU-B - - 0.02 <0.01 TahlP 7 WPtlnnd Tmnnrtc Site Plan Sheet Wetland Site Code Permanent Fill (ac) Temporary Fill (ac) Mechanized Clearing (ac) Excavation (ac) Hand Clearing (ac) 41 103 WPP -B 0.02 8 PA -AA 1.11 - 1.11 41 103 WOO -B 0.03 - - 66 ' 52 127 WZZ-D - - <0.01 - - 54A 132 WD -D 0.02 - - PH -B 0.78 ' 54B 132 WE -D 0.02 - 1.19 58 147 64 160 WBA-C 0.17 - PA -D 1.18 - 1.18 71 179 WB -C <0.01 - 76 193 SV -C 1.01 78 193 WJ-C 0.14 - - 0.56 79 197 WG -C 0.03 -- ' 82 197 WH -C 0.03 - 82 197 WF -C 0.10 - 0.02 0.02 - 83 197 WE -C 0.10 - - - ' 81 197 WI -C <0.01 - - 0.03 - 85 206 WL -C 0.05 - 0.02 - - 84 206 WK -C <0.01 - - <0.01 90 221 WV -C <0.01 - - - ' 88 221 WAA-C 0.12 - 0.07 0.02 93 221 WW -C 0.03 0.85 0.03 0.02 <0.01 95 221 WTA-C <0.01 - - - - 92 221 WTA-C <0.01 0.03 - 0.03 0.02 92 221 WTA-C - 1.13 - - - 86 213 WZ-C 0.03 - - 99 239 WT -C <0.01 - <0.01 - - Total - - 5.35 2.19 1 0.84 0.25 0.03 Total Wetland Impact for Project: 8.66 acres. TahlP 'A (1nPn WntPr (Pnnd91 Tmnnctc Site Permit Drawing No. Surface Water Site Code Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) Yadkin River Basin 2 8 PA -AA 1.11 - 1.11 12 41 PB -AB <0.01 0.15 <0.01 23C 66 PA -AB 0.73 - 0.73 Cape Fear River Basin 42 108 PG -B 0.21 - 0.21 43B 110 PH -B 0.78 - 0.78 43D 110 PA -C 1.19 - 1.19 58 147 PB -C 2.64 - 2.64 51 125 PA -D 1.18 - 1.18 77 193 PD -C 1.14 - 1.14 76 193 SV -C 1.01 - 1.01 80 193 PE -C 0.56 - 0.56 Table 3. Open Water (Ponds) Impacts The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin and Cape Fear River Basins 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 valid for the purpose and design that you submitted in your application dated received March 24, 2016 and additional information dated received May 19, 2016. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 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. Condition(s) of Certification: Project Specific Conditions 1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)] 2. Two copies of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre -construction meeting. The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application dated March 24, 2016 and additional information dated received May 19, 2016. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Resources. 3. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to diverting water into the new channel. Stream banks shall be matted with coir -fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip -rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip -rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)] 4. 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. The permittee shall observe any natural channel re- establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain stable, and that no additional impacts occur within the natural stream channel as a result of draining the pond. [15A NCAC 2H.0506(b)(3)] The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2)] Permit Surface Water Permanent Fill in Temporary Fill Total Fill in Site Drawing No. Site Code Open Waters in Open Waters Open Waters (ac) (ac) (ac) Total - - 10.54 0.15 10.69 The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin and Cape Fear River Basins 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 valid for the purpose and design that you submitted in your application dated received March 24, 2016 and additional information dated received May 19, 2016. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 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. Condition(s) of Certification: Project Specific Conditions 1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)] 2. Two copies of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre -construction meeting. The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application dated March 24, 2016 and additional information dated received May 19, 2016. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Resources. 3. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to diverting water into the new channel. Stream banks shall be matted with coir -fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip -rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip -rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)] 4. 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. The permittee shall observe any natural channel re- establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain stable, and that no additional impacts occur within the natural stream channel as a result of draining the pond. [15A NCAC 2H.0506(b)(3)] The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2)] 6. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 7. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 8. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)] 10. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)] 11. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3] 12. 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 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)] 13. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross 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)] 14. 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)] 15. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 16. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a concern, shall not be buried. These pipes shall be installed at natural ground elevation. 17. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact area from re -attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas temporarily impacted at Sites 25, 92, and 93. This update shall be conducted two growing seasons after completion of the work and shall consist of photographs and a brief report on the progress of the areas in re -attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall schedule an agency field meeting with the NCDWR to determine if the wetland areas temporarily impacted by this project have re -attained jurisdictional wetland status. If the wetland areas temporarily impacted by this project have not re -attained jurisdictional wetland status, the NCDWR shall determine if compensatory wetland mitigation is required. 18. Compensatory mitigation for 19,125 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 March 23, 2016 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 Instrument signed July 28, 2010. 19. Compensatory mitigation for impacts to 6.23 acres of riverine wetlands is required at a 2:1 ratio. Compensatory mitigation for riverine wetland impacts detailed below is required at a 1:1 ratio. Site Wetland ID Acres 8 WYY-AA 0.06 23D WA -AB 0.02 38C WU-B 0.11 81 WI -C 0.01 84 WK -C 0.01 Total 0.21 We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated March 23, 2016 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. 20. In accordance with commitments made in your application, all clearing of vegetation for purpose of relocating overhead power lines within jurisdictional wetlands shall be performed without the use of mechanized equipment. [15A NCAC 02H.0506(b)(3)] General Conditions 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 0213.0200] 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 (c)(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. [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, 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)] 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) 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 NCD WR may reevaluate and modify this certification. [15A 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. 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)] 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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] 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. [15A NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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(f)] 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 following completion of construction. [15A NCAC 02B.0506(b)(2)] 20. 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)] 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 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. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(bx3) and (c)(3)] 23. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 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 5: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: (919) 431-3000, Facsimile: (919) 431-3100 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 20th day of May 2016 DIVISION OF WATER RESOURCES �r S. Jay immerman, Director WQC No. 4059 Water Resources ENVIRONMENTAL QUALITY NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director 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 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: Agent's Certification Date: 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: I, , 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 Registration No. Date State of North Carolina lEnvironmental Quality I Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617