20170269 Ver 1_Approval Letter_20170508

Environmental
Quality
ROY COOPER
Gorern<» �
MICHAEL S. REGAN
.S�'<r:rurr
S. JAY ZIMMERMAN
r�;, e� «>��
May 8, 2017
Craven County
NCDWR Project No. 20170269
Highway 70 Improvements
TIP R-5516
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Philip S. Harris. III, P.E.. CPM
Natural Environment Section Head
Project Developmen[ and Environmen[al Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina. 27699-1598
Dear Mr. Harris:
You have our approval, in acwrdance with the conditions listed below, for the following impacts for the purpose of
making improvements to U.S. Highway 70 and Slocum Road at the Cherry Point Military Base in Craven County:
Stream Im acts in [he Neuse River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
In[ermitten[ Stream Intermi[tent Stream Perennial Stream in Perennial Impact Impacts
(Iinear ft) (linear ft) (linear ft) Stream (linear Qinear ft) Requiring
ft) Mitigation
pinear ft)
� -- -- 329 132 461 329
2 111 -- -- -- 111 'n/a
5 -- -- 137 47 184 "n/a
g -- -- 166 51 217 166
7 -- -- 311 43 354 311
Total >>� — 1,054 273 1,327 806
rotai �tream �mpact ror rro�ect: i,sci unear �eec.
*n/s= intermittent stream, no mitigation required.
**n/a=permanent impacts 450 fL, no mitigation required.
Slate of North Carolina I Emimnmenlal Qualiry
16U Mail Service Center I Ralcigh, North Carolina 27699-1617

Wetland Im acts in the Neuse River Basin
Site Wetland Type Fill Fill Excavation Mechanized Hand Total Wetland
(ac) (temporary) (ac) Clearing Clearing Impact (ac)
(ac) (ac) (ac)
1 riverine 0.10 -- 0.12 0.16 -- 0.38
2 riverine -- -- -- 0.02 -- 0.02
3 riverine 0.16 -- 0.04 -- - 0.20
4 riverine -- -- -- 0.03 -- 0.03
6� riverine 0.16 -- 0.06 0.03 -- 0.25
7 riverine 0.28 -- 0.01 0.20 -- 0.49
7(utility) riverine 0.01 0.01 -- -- -- 0.02
Total 0.71 0.01 0.23 0.44 0.0 1.39
Total Wetland Impact for Project: 1.39 acres.
Neuse Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
(sq ft)
1 25351 9690 15661 46983 15896 2360 13536 20304
2 4990 1231 3759 "`11277 1804 0 1804 '`2706
3 0 0 0 0 874 0 874 *"1311
5 9538 0 9538 28614 5519 0 5519 8729
6 11717 7965 3752 11256 8272 1635 6637 9956
7 18155 16895 1260 3780 � 8105 2764 5341 8012
� 215 0 215 n/a 728 0 728 n/a
(utility)
Totals 69,966 35,781 34,185 101,910 41,198 6,759 34,439 51,018
*= Site 2 is on the same stream as sites 6 and 7, total impacts > 1/3 ac, mitigation required
**= Road impacts other than crossings of streams, mitigation required
Total Buffer Impact for Project: 111,164 square feet.
The project shall be constructed in accordance with your application dated received March 7, 2017 and additional
information received May 8, 2017. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 3886. This certification corresponds to the Regional
General Permit 198200031 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian
Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before
you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
'Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.

This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the properiy 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(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. Compensatory mitigation for impacts to 1.38 acres of riverine wetlands is required. We understand that you have
chosen to perform compensatory mitigation for unavoidable impacts to wetlands through debit of the Three
Swamp Mitigation Site (ONEID 069-001) located in Pamlico and Craven County within the USGS hydrologic
unit 03020204. The NCDOT On-site Debit Ledger for this site shall be updated to reflect the required amount of
mitigation.
2. Compensatory mitigation for 8061inear 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 February 21, 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.
Compensatory mitigation for impacts to 33,970 square feet of protected riparian buffers in Zone 1 and 33,711
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to
perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of
Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers
shall be provided in the Neuse River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has
indicated in a letter dated February 21, 2017 that they will assume responsibility for satisfying the compensatory
mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking
Instrument signed June 14, 2016.
4. For this autliorization to be valid, DWR requires confirmation that the required buffer mitigation credits are
available. If DMS cannot provide the required riparian buffer mitigation, the impacts to jurisdictional resources
approved with this certification are not allowed prior to receipt of confrmation of the available buffer mitigation
credits from another DWR approved source.
General Conditions
1. 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.
2. The Permittee shall ensure that the fmal 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)]
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 streamb'ed 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)]
4. 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)]
5. 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)]
6. 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]
7. 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] �
8. 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)]
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. 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)]
11. 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) _
12. 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 iri 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.

13. 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)]
14. Erosion control matting in riparian areas shall not contain a nylon mesh gid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas aze deFined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
I5. Pursuant to I SA NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and
erosion control devices in Zone 1, ou[side of the approved project impacu, 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.
16. Bridge deck drains shall not dischazge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-fortned scour holes, vegetated buffets, e[cJ
before entering the stream. To meet the requiremenu 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(dx2) and 15A NCAC 02H
.0506(bx5)]
17. All stortnwater runoff shall be d'vected u sheetflow tluough stream buffers at non-erosive velocities, unless
otherwise approved by this certificatioa (15A NCAC 2B.0233)
18. New roadside ditches that do not conirol for nitrogen and attenuate flow before discharging tivough the riparian
buffer aze prohibited [15A NCAC 2B.0233(6)]
19. The use of rip-rap above the Nortnal High Water Mark shall be minimized. Any rip-rap placed for sheam
stabili7ation shall be placed in stream channels in such a manner that it dces not impede aquatic life passage.
[15A NCAC 02H.0506(bx2)]
20. 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(bx3)]
21. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of strearn waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(bx3)]
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [ISA NCAC 02H.0506(bx2)]
23. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the gowing season following completion of construction. [15A NCAC 02H.0506(bx2)]
24. All riparian buffers impacted by the placemen[ of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shatl be pertnanently revegetated with non-
woody species by the end of the gowing season following completion of constructioa For the pwpose of this
condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to
regular NCDOT maintenance activities induding mowing. The area with non-maintained buffers shall be
permanently revegetated with native woody species before the ne7ct growing season following completion of
consWction. (15A NCAC 2B.0233)
25. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(bx3)]
26. 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 (cx3)]
27. 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 aze necessary to assure compliance, the NCDWR may reevaluate and modify
this certificarion. [15A NCAC 02B.0200]
28. 1'he Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [ I SA NCAC 02B.0506(b)(2)]
29. Upon completion of the project (including any impacu at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "CertificaHon of Completion Form" to no[ify the NCDWR when
all work included in the 401 Certification has been completed. [i5A NCAC 02H.0502(�]
30. A copy of this Water Quality Certification shall be maiMained 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 managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
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 sizty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of B: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 faxed transmission.
T'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
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. Bill I,ane, General Counsel
Deparhnent of Env'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Gazcy Ward at [phone]or [e-mail].
Sincerely,
C���"U " ^'��� e
a
S. y Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Departrnent of Transportation
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Natural Environment Section
Beth Harmon, Division of Mitigation Services
Garcy Wazd, NC Division of Water Resources, Washington Regional Office
File Copy

Environmentu(
Quality
NCDWR Projec[ No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gorernor
MICHAEL S. REGAN
lcorrnrr
S. JAY ZIMMERMAN
nr�e� ��»�
Certificate of Completion
Upon comple[ion of alI work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ modifications, [he applicant is required to retum [his certificate to [he 401 Transporta[ion 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 applicanr's authorized agent, or the project engineec It is not
necessary to send certificares from all of these.
Applicam's Cerrification
�, , hereby state that, to the best of my abilities, due caze and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent ofthe 401 Wa[er Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Ceniftcation
�, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the wnstruction such that the construction was observed to be built withio substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre:
Engineer's Cer�ificatinn
Partial Final
�, , as a duly regis[ered Professional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby sta[e tha[, to the bes[ of my abili[ies, due care and diligence was used in the observa[ion of [he
construction such that the co�struction was observed [o be buil[ within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules. [he approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
State ol'North Camlina � Gnvironmental QuaGry
1617 Mail Service Center I Raleigh, Nonh Carolina 27699-1617