20160672 Ver 1_Approval Letter_20160722

Water Resources
ENVIRONMENiAL OUALITY
PAT MCCRORY
C 1 nvernur
DONALD R VAN DER VAART
.ee�re��,rv
S JAY ZIMMERMAN
l )rreclnr
July 22, 2016
Orange County
NCDWR Pro�ect No 20160672
Bndge No 126 on SR 1526 (Gray
Road) over Lick Geek
State Pro�ect No 17BP.7.R.69
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER
AUTHORIZATION wrth ADDITIONAL CONDITIONS
Mr Mike Mills, P E, Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415-4996
Dear Mr M�lls
You have our approval, in accordance wrth the condrtions listed below, for the followmg �mpacts for the purpose of
replacing w�th a culvert Bridge No. 126 on SR 1526 (Gray Road) over L�ck Creek �n Orange County
Stream Im acts in the Neuse River Bas�n
Site Permanent F�II Temporary Fill Permanent F�ll Temporary Fill Total Stream Stream Impacts
in Intermrttent �n Intermittent in Perennial in Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
linear ft Imear ft linear ft hnear ft hnear ft
S 1 -- -- 163 22 _ 185 163
Total I --
-- � l63 � 22
Total Stream Impact for Pro�ect. 185 linear feet.
IYeuse River Ri arian Buffer lm ac
Site Zone 1 mi�lus = Zone 1 Zone 1 Buffer Zone 2
Impact Wetlands Buffers (not Mrt�gat�on [mpact
(sq ft) in Zone 1 wetlands) Required (sq ft)
(sq ft) (sq ft) (using 3:1 ratio) �����;�
185 I 163
minus = Zone 2 Zoue 2 Buffer
Wetlands Buffers Mitigation
in Zone 2 (not Required (using
(sq ft) wetlands) 1.5:1 ratio)
s ft
B1 8,482 -- 8,482 -- 1,065 -- 1,065 --
Totals 8,482 -- 8,482 -- 1,065 -- 1,065 --
Total Buffer Impact for Project• 9,547 square feet.
The pro�ect shall be constructed m accordance with your appl�cation dated received July 6, 2016 After review�ng
your appl�cat�on, we have decided that these �mpacts are covered by General Water Qualrty Cert�fication Number
3886 This cert�fication corresponds to the Nationw�de Permrt 14 �ssued by the Corps of Engineers. This approval is
also valid for the Neuse R�ver Basm Nutrient Sensitive Waters Management Strategy Protect�on and Mamtenance
of Existmg Riparian Buffers (1 SA NCAC 02B 0233) In addition, you should acquire any other federal, state or local
permits before you proceed with your pro�ect includmg (but not limited to) Sed�ment and Erosion Control, Non-
Discharge and Water Supply Watershed regulat�ons Th�s approval will expire wrth the accompanymg 404 permit.
Th�s approval is valid so(ely for the purpose and design descnbed m your application (unless modified below). Should
State of North Carolina IEnvironmental Quahty � Water Resources
1617 Mail Service Center, Raleigh, North Carolma 27699-1617

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 and any additional conditions listed below
Condition(s) of Certification.
Project Specific Conditions
1 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)]
2. 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)]
3 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]
4 All riparian buffers impacted by the placement of temporary 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. 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]
5 Pursuant to 15A NCAC 2B 0233(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse River 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
6 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)]
7 For the 22 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. [15A NCAC 02H.0506(b)(2)]
8 Compensatory mitigation for 163 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 June 21, 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 June 14, 2016.
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
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 (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
[ISA 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
NCDWR 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 NC:AC 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 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( 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 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(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 o�ce of Administrative hearings. You must file the petition with the
o�ce 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: [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 letter completes the review of the Divis�on of Water Resources under Section 401 of the Clean Water Act. If
you have any questions, please contact Brian Wrenn at [phone] or brian wrenn@ncdenr gov
Smcerely,
��. �� >
�' V �'� '
S Jay immerman, D�rector
Division of Water Resources
Electromc copy only distnburion
David Bailey, US Army Corps of Engmeers, Raleigh Field Office
Jerry Parker, Div�sion 7 Environmental Supervisor
Nicole T'homson, Division 7 Envuonmental Ass�stant
Trav�s Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL OUA�ITY
NCDWR Project No :
Applicant•
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
[;nnemnr
DONALD R VAN DER VAART
1ecn7art
S JAY ZIMMERMAN
!)irt'Clui-
Certificate of Completion
Upon completion of all work approved wrth�n the 401 Water Quality Cert�ficat�on or applicable Buffer Rules, and
any subsequent modifications, the appl�cant �s required to return this certificate to the 401 Transportation Permitting
Unit, North Carol�na D�v�sion of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 Th�s form
may be returned to NCDWR by the applicant, the applicant's author�zed agent, or the pro�ect engineer. It �s not
necessary to send cert�ficates from all of these
Applicant's Certifrcation
I, , hereby state that, to the best of my abil�ties, due care and diligence
was used in the observat�on of the construct�on such that the construct�on was observed to be built within substantial
compl�ance and mtent of the 401 Water Quality Certificat�on and Buffer Rules, the approved plans and
specifications, and other supporting materials
Signature Date:
Agent's Certifrcation
I, , hereby state that, to the best of my ab�lities, due care and diligence
was used �n the observat�on of the construct�on such that the construction was observed to be built wrthm substant�al
compliance and mtent of the 401 Water Qualrty Cert�fication and Buffer Rules, the approved plans and
specificat�ons, and other support�ng mater�als.
Signature Date�
Enganeer's Certification
Partial Final
I, , as a duly registered Profess�onal Engineer in the State of North
Carolina, havmg been authorized to observe (per�od�cally, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilmes, due care and d�l�gence was used m the observation of the
construction such that the construction was observed to be bwlt wrthin substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and spec�fications, and other supporting mater�als
Signature Reg►strat�on No
Date
State of North Carohna �Environmental Quahry I Water Resources
1617 Mail Service Center Raleigh North Carolina 27699-1617
Phone [phone]