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HomeMy WebLinkAbout20170239 Ver 1_Approval Letter_20170324Environmenta! Qua(ity March 24, 2017 Mc Philip S. Harris, 111, 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 ROY COOPER Go, en„» MICHAEL S. REGAN Seor« ,rr S. JAY ZIMMERMAN Dir'eclor Subject: a01 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed relocation of NC I19 from Interstate 40/SS b north of SR 1918 (Mrs. Whi[e Lane) in Mebane (Mebane Bypass), Alamance County; Federal Aid Project No. STP-119(I); TIP U-3109. NCDWR ProjeM No. 20170239 Dear Mr. Harris: Attached hereto is a copy of Cenification No. WQ0041 I I issued to The North Carolina Department of Transportation (NCDOT) dated March 24, 2017. If we can be of further assistance, do not hesitate to contact us. Sincerely ,q �, ��'�����,� --�� S. Jay Zimmecman, Director Division of Water Resources Attachments Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parkec Division 7 Environmental Officer Nicole Thomson, Division 7 Environmental Officer Assistant Rod�er Rochelle, NC Department of Transportation Carla Dagnino, NC Depanment of Transportation Dr. Cyn[hia 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 Dave Wanucha, NC Division of Water Resources File Copy - 7"Nothing Campares .,. Stare of North Camlina I Environmental Quality 1617 Mail Sernce Center I RaltiEh. Nnnh Cuolina 2 7699-1 61 7 401 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 0.38 acres (in Section A) and 0.51 acres (in Section B) of jurisdictional wetlands; and, 5,387 linear feet (in Section A) and 1,3061inear feet (in Section B) of jurisdictional streams; and, 032 acres (in Section A) of open water impacts in Alamance County. The project shall be constructed pursuant to the application dated February 27, 2017. The authorized impacts are as described below: Stream Im acts in the Ca e Fear River Basin for U-3109A Permanent Fill in Temporary Permanent Stream Temporary Fill perennial Stream Fill in Fill in Total Impacts Site �n Perennial linear ft Intermittent Intermittent Stream Requiring Stream Impact Bank Stream Stream Mitigation (linear ft) Fill Stabilization (linear ft) (linear ft) (linear ft) ��inear ft) 1 16 117 - - 235 368 - 2 - - - 17 348 365 - 3 10' '320 - - - 330 320 5 - - - 16 - 16 - 6 - - - 35 257 292 - 7 52 501 63 - - 616 564 7a - - - 20 18 38 - 8a 19 463 - - - 482 463 8b 21 82 - - - 103 - 10 25 396 - - - 421 396 l0a - � 74 - - - 74 - 11 25 270 - - - 295 270 12b 7 105 - - - 112 - 12c 13 - - - - 13 - 13 21 183 - - - 204 183 14 19 - - - - 19 - 15 44 447 - - - 491 447 16 32 494 - - - 526 494 17 - - 35 - - 35 35* 18 45 122 69 - - 236 191 20 24 327 - - - 351 327 Totals 373 3,901 167 88 858 5,387 3,690 Note: *Stream at Site 17 is the same stream in Section B(Site 1) of which impacts (all totaled) exceed mitigation thresholds. Total Stream Impact for Project: 5,3871inear feet. Site 9 12 12a 13 19 20 Totals Fill (ac) <0.01 0.08 0.03 0.07 0.04 0.05 0.27 Wetland Im acts in the Ca e Fear River Basin Ri arian U-3109A Fill Excavation Mechanized Hand Clearing (temporary) (ac) Clearing (ac) (ac) ac - - 0.01 - - - 0.01 - - - 0.01 - - 0.02 0.06 - 0.02 0.09 - Total Wetland Impact for Project: 0.38 acres. Total Wetland Impact (ac) <0.02 0.08 0.03 0.08 0.05 0.13 0.38 Site 12 13 Total Water onds Im acts in the Permanent Fill in Open Waters ac 0.10 0.13 0.09 0.32 �e Fear River Basin for U-3109A Temporary Fill in Open Total Fill in Open Waters ac Waters ac - 0.01 - 0.13 - 0.09 - 0.32 Total Open Water Impact for Project: 0.32 acres. Preliminar Stream Im acts in the Ca e Fear River Basin for U-3109B Temporary Fill Permanent Fill Temporary permanent Fill Total Stream in Perennial in Perennial Fill in in Intermittent Stream Impacts Site Intermittent I�equiring Stream Stream Stream (linear Impact Stream Mitigation (linear ft) (linear ft) ���near ft) ft) (linear ft) (�inear ft) 1 - 280 - - ' 280 280 2 - 0* - - 0 0 3 - - - 400 400 - 4 - - - 146 146 � - 10 - - - 299 299 - 11 - - - 181 181 - Totals - 280 - 1,026 1,306 280 Notes: * lmpacts are not determmeu at this time. Total Stream Impact for Project: 1,306 linear feet. Preliminar Wetland Im acts in the Ca e Fear River Basin Ri arian U-3109B Fill Fill Excavation Mechanized Hand Clearing Total Wetland Site �a�� (tem acrary) (ac) Clearing (ac) (ac) Impact (ac) 4 0.01 - - - ' - 0.01 5 0.12 - - - - 0.12 6 0.11 - - - - 0.11 7 0.18 - - - - 0.18 8 0.06 - - - - 0.06 9 0.01 - - - - 0.01 10 <0.01 - - - - <0.01 Totals 0.51 - - - - 0.51 Total Wetland Impact for Project: 0.51 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 valid for the purpose and desigri that you submitted in your application dated received February 27, 2017. 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: Any modifcations to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stormwater management may be subject the Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. This condition does not apply to major modifications for additional sections (i.e., Section B) of the project that were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project. 2. NCDOT shall design, construct, and operate and maintain four hazardous spill catch basins (HSCBs) adjacent to streams that drain to the water supply critical areas (WS CA) of Forest Lake and Graham-Mebane Reservoir. The HSCBs shall be located as shown in the Table below. Locations of Hazardous S ill Catch Basins. Station Coordinates 161+92-L-RT 36.1028 -79.2946 179+68-L-RT 36.1058 � -79.2901 20+90-Y16RPA-LT 36.1084 -79.2838 32+55-Y20-LT 36.1018 -79.2932 Surface Water Back Creek Back Creek Back Creek UT to Mill Creek 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)] 4. For sltes where multiple plpes or barrels will be utilized, 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)] 5. 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)] , 6. For segments 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)] 7. 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 riparian impacts for access to the stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 8. NCDOT shall be in compliance with NPDES Permit NCS000250 issued to the NCDOT, including the applicable requirements of General Permit for Construction Activities - NCGO 10000. Please note the extra protections for sensitive watersheds where applicable. 9. Erosion control measures that NCDOT employs in areas that drain to streams classified as High Quality Waters (HQW), Water Supply (WS-II) or are listed for turbidity on the 2014 Fina1303(d) List of Impaired Waters for North Carolina, shall be based on Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]). Off-Site Stream Mitigation 10. Compensatory mitigation for 3,690 linear feet (Section A) and 280 linear feet (Section B) 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 letters dated February 16, 2017 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. Phased Projects [I SA NCAC 02H. 0506(b)J 11. When fmal design plans are completed for U-3109 Section B, a modification to the 401 Water Quality Certification and shall be submitted with five copies and fees to the NC Division of Water Resources. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters. No construction activities that impact any wetlands, streams, surface waters located in U- 3109 Section B shall begin until after the permittee applies for, and receives a written modification of the 401 Water Quality Certiiication from the NC Division of Water Resources. General Conditions ' 1. 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)] 2. If concrete is used during consmzction, 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 consh-uction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian areas. [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 fnal 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)] Environmenta! Qua(ity March 24, 2017 Mc Philip S. Harris, 111, 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 ROY COOPER Go, en„» MICHAEL S. REGAN Seor« ,rr S. JAY ZIMMERMAN Dir'eclor Subject: a01 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed relocation of NC I19 from Interstate 40/SS b north of SR 1918 (Mrs. Whi[e Lane) in Mebane (Mebane Bypass), Alamance County; Federal Aid Project No. STP-119(I); TIP U-3109. NCDWR ProjeM No. 20170239 Dear Mr. Harris: Attached hereto is a copy of Cenification No. WQ0041 I I issued to The North Carolina Department of Transportation (NCDOT) dated March 24, 2017. If we can be of further assistance, do not hesitate to contact us. Sincerely ,q �, ��'�����,� --�� S. Jay Zimmecman, Director Division of Water Resources Attachments Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parkec Division 7 Environmental Officer Nicole Thomson, Division 7 Environmental Officer Assistant Rod�er Rochelle, NC Department of Transportation Carla Dagnino, NC Depanment of Transportation Dr. Cyn[hia 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 Dave Wanucha, NC Division of Water Resources File Copy - 7"Nothing Campares .,. Stare of North Camlina I Environmental Quality 1617 Mail Sernce Center I RaltiEh. Nnnh Cuolina 2 7699-1 61 7 401 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 0.38 acres (in Section A) and 0.51 acres (in Section B) of jurisdictional wetlands; and, 5,387 linear feet (in Section A) and 1,3061inear feet (in Section B) of jurisdictional streams; and, 032 acres (in Section A) of open water impacts in Alamance County. The project shall be constructed pursuant to the application dated February 27, 2017. The authorized impacts are as described below: Stream Im acts in the Ca e Fear River Basin for U-3109A Permanent Fill in Temporary Permanent Stream Temporary Fill perennial Stream Fill in Fill in Total Impacts Site �n Perennial linear ft Intermittent Intermittent Stream Requiring Stream Impact Bank Stream Stream Mitigation (linear ft) Fill Stabilization (linear ft) (linear ft) (linear ft) ��inear ft) 1 16 117 - - 235 368 - 2 - - - 17 348 365 - 3 10' '320 - - - 330 320 5 - - - 16 - 16 - 6 - - - 35 257 292 - 7 52 501 63 - - 616 564 7a - - - 20 18 38 - 8a 19 463 - - - 482 463 8b 21 82 - - - 103 - 10 25 396 - - - 421 396 l0a - � 74 - - - 74 - 11 25 270 - - - 295 270 12b 7 105 - - - 112 - 12c 13 - - - - 13 - 13 21 183 - - - 204 183 14 19 - - - - 19 - 15 44 447 - - - 491 447 16 32 494 - - - 526 494 17 - - 35 - - 35 35* 18 45 122 69 - - 236 191 20 24 327 - - - 351 327 Totals 373 3,901 167 88 858 5,387 3,690 Note: *Stream at Site 17 is the same stream in Section B(Site 1) of which impacts (all totaled) exceed mitigation thresholds. Total Stream Impact for Project: 5,3871inear feet. Site 9 12 12a 13 19 20 Totals Fill (ac) <0.01 0.08 0.03 0.07 0.04 0.05 0.27 Wetland Im acts in the Ca e Fear River Basin Ri arian U-3109A Fill Excavation Mechanized Hand Clearing (temporary) (ac) Clearing (ac) (ac) ac - - 0.01 - - - 0.01 - - - 0.01 - - 0.02 0.06 - 0.02 0.09 - Total Wetland Impact for Project: 0.38 acres. Total Wetland Impact (ac) <0.02 0.08 0.03 0.08 0.05 0.13 0.38 Site 12 13 Total Water onds Im acts in the Permanent Fill in Open Waters ac 0.10 0.13 0.09 0.32 �e Fear River Basin for U-3109A Temporary Fill in Open Total Fill in Open Waters ac Waters ac - 0.01 - 0.13 - 0.09 - 0.32 Total Open Water Impact for Project: 0.32 acres. Preliminar Stream Im acts in the Ca e Fear River Basin for U-3109B Temporary Fill Permanent Fill Temporary permanent Fill Total Stream in Perennial in Perennial Fill in in Intermittent Stream Impacts Site Intermittent I�equiring Stream Stream Stream (linear Impact Stream Mitigation (linear ft) (linear ft) ���near ft) ft) (linear ft) (�inear ft) 1 - 280 - - ' 280 280 2 - 0* - - 0 0 3 - - - 400 400 - 4 - - - 146 146 � - 10 - - - 299 299 - 11 - - - 181 181 - Totals - 280 - 1,026 1,306 280 Notes: * lmpacts are not determmeu at this time. Total Stream Impact for Project: 1,306 linear feet. Preliminar Wetland Im acts in the Ca e Fear River Basin Ri arian U-3109B Fill Fill Excavation Mechanized Hand Clearing Total Wetland Site �a�� (tem acrary) (ac) Clearing (ac) (ac) Impact (ac) 4 0.01 - - - ' - 0.01 5 0.12 - - - - 0.12 6 0.11 - - - - 0.11 7 0.18 - - - - 0.18 8 0.06 - - - - 0.06 9 0.01 - - - - 0.01 10 <0.01 - - - - <0.01 Totals 0.51 - - - - 0.51 Total Wetland Impact for Project: 0.51 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 valid for the purpose and desigri that you submitted in your application dated received February 27, 2017. 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: Any modifcations to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stormwater management may be subject the Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. This condition does not apply to major modifications for additional sections (i.e., Section B) of the project that were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project. 2. NCDOT shall design, construct, and operate and maintain four hazardous spill catch basins (HSCBs) adjacent to streams that drain to the water supply critical areas (WS CA) of Forest Lake and Graham-Mebane Reservoir. The HSCBs shall be located as shown in the Table below. Locations of Hazardous S ill Catch Basins. Station Coordinates 161+92-L-RT 36.1028 -79.2946 179+68-L-RT 36.1058 � -79.2901 20+90-Y16RPA-LT 36.1084 -79.2838 32+55-Y20-LT 36.1018 -79.2932 Surface Water Back Creek Back Creek Back Creek UT to Mill Creek 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)] 4. For sltes where multiple plpes or barrels will be utilized, 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)] 5. 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)] , 6. For segments 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)] 7. 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 riparian impacts for access to the stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 8. NCDOT shall be in compliance with NPDES Permit NCS000250 issued to the NCDOT, including the applicable requirements of General Permit for Construction Activities - NCGO 10000. Please note the extra protections for sensitive watersheds where applicable. 9. Erosion control measures that NCDOT employs in areas that drain to streams classified as High Quality Waters (HQW), Water Supply (WS-II) or are listed for turbidity on the 2014 Fina1303(d) List of Impaired Waters for North Carolina, shall be based on Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]). Off-Site Stream Mitigation 10. Compensatory mitigation for 3,690 linear feet (Section A) and 280 linear feet (Section B) 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 letters dated February 16, 2017 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. Phased Projects [I SA NCAC 02H. 0506(b)J 11. When fmal design plans are completed for U-3109 Section B, a modification to the 401 Water Quality Certification and shall be submitted with five copies and fees to the NC Division of Water Resources. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters. No construction activities that impact any wetlands, streams, surface waters located in U- 3109 Section B shall begin until after the permittee applies for, and receives a written modification of the 401 Water Quality Certiiication from the NC Division of Water Resources. General Conditions ' 1. 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)] 2. If concrete is used during consmzction, 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 consh-uction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian areas. [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 fnal 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 equipmentin 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 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 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. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) 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] 18. 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 02H.506(B)(3)] 19. 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)] . 20. 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. 21. 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)] Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipmentin 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 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 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. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) 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] 18. 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 02H.506(B)(3)] 19. 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)] . 20. 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. 21. 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)] 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 aze 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 accepu filings Monday tivough 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 fa�ced 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 Deparhnent of Environmental Quality 1601 Mail Service Center This the 24th day of Mazch 2017 DIV[SION OF WATER RESOURCES ����� S. Jay Zimmerman, Dire or WQC No. WQC004111 Environmen tai Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: PAT MCCRORY Go� emor DONALD R. VAN DER VAART Scaetan JAY ZIMMERMAN o�cit o��z<��,� Certifcate 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 certiticate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized aeent, or the project engineer. It is not necessary to send cenificates from all of these. AppllcnnYs CerfifrcaJiow I. , hereby stare that, ro the best of my abilities. due care and diligence was used in the observa[ion of [he construction such that [he conswction was observed to be built within substantial compliance and in[en[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Sienature: Date: Agen!'s Cerfificnlion 1, , 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 ro 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. Siona[ure: Engineer's Certifreation Partial Final 1, , as a doly reeistered Professional Engineer in the Sta[e 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 ofthe 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 supportine materials, Signature Re�istration No. Date �'Nothing Compares — , State o(North Carolina I Environmental Quality 161 I Mail Serv�ce Centzr � Raleigh. North Carohna 27699-I61 I �+I��-7U7-olinn