20160787 Ver 1_Approval Letter_20161128

Environmental
Quality
Mr. Philip S. Harris. III, P.G., CPM
Natw�al Enviroi�ment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Se�vice Center
Raleigh, North Carolina, 27699-1598
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secre[ary
JAY ZIMMCRMAN
owa i�tre�ro�
November28, 2016
Subject: 401 Water Quality Certification Pursuant to Section 401 of �he Federal Clean Water Act wilh
ADDI'fIONAL CONDITIONS for proposed construction of the NC 125 Williamston By�ass fi�om SR
I 182 southwestof Williamston to NC 125 northwestof Williamston in Martin County, TIP R-3826.
NCDWR Project No. 20160787
Dear Mr. Harris:
Attached hereto is a copy of Certification No.004076 issued to The North Carolina Department of TranspoiYation
(NCDOT) dated November 28, 2016.
If we ean be of fur[her assistance, do no[ hesi[a[e to contac[ us.
Sincerely,
� ���� '
S. Jay Zimmermnn, Direcror
Division of Water Resources
Attachments
Electronic copy only distribution:
Kyle Barnes, US Army Coips of Engineers, Washingron Field Office
Clay Willis, Division I Environmental Officer
Rodger Rochelle, NC Department of Transpor�ation
Chris Rivenbark, NC Departmcnt of "I'ranspatation
Dr. Cynthia V2n Der Wiele, US Environmental Protection Agency
Gary Jordan, US C'ish and Wildlife Service
Travis Wilson, NC Wildlife Resources Conunission
Bcth Harmon, Division of Mitigalion Services
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy
� Nathing (:am��ares - _
Sle�e ol'North Camlfna � fnvimnmentel Quality
I611 Mail Sc�cicc Crnlzr I Kelclgh. Nonh Cnroline 27699-I61 I
919-707A000

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity wi[h the requirements of Section 401 Public Laws 92-500 and
95-217 ofthe United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in I S NCAC 2H .0500. This certification authorizes the NCDOT to impact 138 acres ofjurisdictional wetlands,
and 307 linear feet ofjurisdictional streams in Martin County. The project shall be constructed pursuant to the
application dated received August 1 l, 2016. The authorized impacts are as described below:
Stream Im acts in the Roanoke River Basin
Permanent Fill in Temporary Fill in Total Stream Stream Impacts
Site Perennial Stream Perennial Stream Impact Reqoiring
(linear ft) (linear ft) (linear ft) Mitigation
(linear ft)
2- culvert 180 37 217 180
2- bank 90 -- 90 90
stabilization
Total Z�0 37 307 270
�o[a� �[ream �mpacc tor rro�ecr. aui unear �eec
Wetland Im acts in the Roanoke River Basin
Fill Mechanized Hand �mpacts
Fill Excavation Total Wetland Requiring
Site Type (temporary) Clearing Clearing
(ac) �a�� (a�) (ac) (ae) ►mpact (ac) Mitigation
(ac)
I riverine 0.56 -- -- 0.12 -- 0.68 0.68
2 riverine 0.56 0.02 -- 0.07 0.05 0.7 0.63
Total 1.12 0.02 -- 0.19 0.05 138 131
�o[a� weuanu �mpaci �ur rru�ece i.�o acres.
The application provides adequate assurance that the discharge of fill material inro the waters and wetlands of the
Roanoke 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 oFNorth Carolina certifies that this activiry
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 applica[ion and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received August
1 I, 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 alI the conditions. IFany 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 ISA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are
required ro comply with all the conditions listed below. In addition, yoo should obtain all other federal, state or
local permits before proceeding with your project including (but not limited to) Sedimen[ and Erosion control,
Coastal Stormwater, Nomdischarge and Water Supply watershed regulations. This Certification shall expire on [he
same day as the expiration date of the corresponding Corps of Engineers Permit.

Condition(s) of Certification:
l. Compensatory mitigation for 270 linear feet of impact to streams is required. We unders[and that you
have chosen to perform compensatory mitigation for impacts to sheams through the North Carolina
Division of Mitigation Service (DMS) (formedy NCEEP), and that the DMS has agreed to implement the
mitigation for the project. The DMS has indicated in a letter dated July 6, 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.
2. Compensatory mitigation for impacts to 131 acres of riverine wetlands is required. 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 Ihe
mitigation for the project. DMS has indicated in a letter dated July 6, 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.
3. 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) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
4. 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)]
5. 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 prohibi[ed unless otherwise authorized by this certification. [I SA NCAC 02H.0501 and .0502]
6. During the construc[ion 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)]
7. 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 pollu[ants into the stream. [ISA NCAC
02H.0506(b)(3)]
8. 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)�
9. 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)]
10. 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 wlverts 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. [ I SA NCAC
02H.0506(b)(2)]
1 l. Pipes and culverts used exclusively to maintain equilibriwn in wetlands, where aquatic life passage is not
a concern, shall not be buried. These pipes shall be installed at namral ground elevation.

12. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closety as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
W idening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposi[ion that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
13. 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 struc[ures shall be used ro prevent excavation in
flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
14. [f 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 wntacts uncured wncrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[ l5A NCAC 02B.0200]
15. 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. [ISA NCAC
02H.0506(b)(2)]
16. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. [15A NCAC 02H.0506(b)(2)]
17. Any rip-rap used for stream stabilization shall be of a size and density so as not to be able to be carried off
by wave, wrrent action, or stream flows and consist of clean rock or masonry material free of debris or
toxic pollutants. All rip-rap shall be buried and/or keyed in such that the original s[ream elevation and
streambank contours are restored and maintained. Placement of rip-rap or other approved materials shall
not result in de-stabilization of the stream bed or banks upstream or downstream of the area. [ 15A NCAC
02H.0506(b)(2)]
18. 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 Nor�h Carolina Sediment and Erosion
Control Plannrng 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 Conrro! Mantinl. 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.
a For borrow pi[ sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the Norrh Carolrna Surface Mining
Manual.
d. The reclamation measures and implementation must comply with [he reclamation in accordance with the
requiremen[s of the Sedimentation Pollution Control Ac[.
19. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and enhap
small animals. Mat[ing should be secured in place by staples, s[akes, or wherever possible live stakes of
native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [ISA NCAC
02B.0224,.0225]
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certificatioa [ ISA NCAC 02H.0506(b)(3) and (c)(3)]
21. All sediment and erosion control devices shall be removed and the natural grade restored within two (2)
months of the date the Division of Land Resources (DLR) or locally delegated program has released the
specific area within the project [I SA NCAC 02H.0506(b)(3) and (c)(3)]

22. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance
with the conditions related [o construction activities within the most recent version of their individual
NPDES (NCS000250) stormwater permit.
23. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this pennit without appropriate modification. Should waste or bottow 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 cons[ruction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
24. 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. [ l5A NCAC
02B.0506(b)(2)]
25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface wa[ers is prohibited. [ISA NCAC 02H.0506(b)(3)]
26. The permittee and its aothorized 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. Ifthe 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. [ISA NCAC 026.0200]
27. The Permittee shall repoR any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and re[urn the enclosed "Certification of Comple[ion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
29. A copy of this Water Quality Certification shall be maintained on the construction site at all [imes. In
addition, the Wa[er 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)]
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 condi[ions are made
condi[ions of the Federal 404 and/or Coastal Area Management Ac[ Permit This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the a[tached Certification you must file a petition for an administrative
hearing. You may obtain [he 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 pe[ition 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 [hrough Friday between the hours of 8:OOam and S:OOpm, except
for official sta[e holidays. The original and one (1) copy of the pe[i[ion 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]Q 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 28th day of November 2016
DIVISION OF WATER RESOURCES
`� ��i� ��\� '6'
S. Jay Zimmerman, Director
WQC No. 004076

Environmental
Qtrali�y
NCDWR Project No.:
Applicant:
Project Namr.
Date of Issuance of 401 Water Qualily Certification:
Comity:
PA"I' MCCRORY
covcn,ar
DONALD R. VAN DER VAART
Secrelaq�
JAY ZIMMERMAN
�wa o���cw�
Ccrtifcate of Completion
Upon com�letion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modificTtions, the applicant is required to return this certificate to the 401 Transportalion Permitting
Unit, North Carolina Division of Water Resources, I6I7 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be rehirned to NCDWR by the ap�licant, the applicant's aulhorized agent, or lhe project engineer. It is not
necessaiy ro send ceitificates fi'om all of Ihese.
Applicnnl's Certificntion
I, , hereby state that, to the bes� of my abilities, due care and diligence
was used in the observation of the construction such thzt the construction wzs observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and f3uffer Rules, the approved plans and
specifications, and other supporting materials.
S igna W re:
Date:
AgenP.s Certifiention
I, , hereby sta[e Ihat, ro the best of my abilities, due care and diligence
was used in the obse�vation of [he construc[ion such tlia[ �he consh�uc[ion �vas observed to be buil[ within substan[ial
compliancc and intent ofthe 401 Water Quality Cer[ifica[ion and Buffer Rules, [he approved plans and
specifications, and other supporting materiTls.
Signature:
Cngineer's Cerliflcntioii
Partit�l Final
Date:
I, , as a duly registered Professional Engineer in the State of Noith
Carolina, having been authorized ro observe (periodically, weekly, full time) the construction ofthe project,forthe
Permittee hcreby state Ihat, to the best of nry abilitics, due care and diligence was used in the observation of the
consh'uction such that the construction was obseived to be built within substantial complianee and intent ofthe 401
Water Quality Certifica[ion and Buffer Rules, the approved plans a�d specifications, and other supporting materials.
Sig�ature
Regis[r�tio�i No. Date
'�Nnthinq)Cnrnparoti ..
Stale ol Noclh Carolina I rnvimninm�lal Quaiitg
I G I I Mafl Szn'icz Cemer I �trlefgh. Tbnh Caml ina 2 7699-1 61 I
919-707-9000