20170625 Ver 1_Approval Letter_20170531

Environnienlul
Quality
Site
Total
ROY COOPER
r;ovr,�nor
MICHAEL S. REGAN
s�-.,. a«i
S. JAY ZIMMERMAN
u�, «<��
May 31, 2017
Oran�e County
NCDWR Project No.20170625
Culvert Installation on NC 57
APPROVAL of 401 WATER QUALITY CERTIFICATION with AUDITIONAL CONDITIONS
Mc Steve Hubrich
4321 Medical Park Drive, Sui[e 100
Durham, NC 27704
Dear Mr. Hubrich:
You have our approval, in accordance with [he conditions listed below, for the following impacts for culvert
installation in Orange County:
Permanent Fill in Temporary Fill in Permanent Culvert
In[ermi[[ent Intermit[enl Stream in Perennial
Stream (linear R) (linear ft) Stream (linear ft)
?20
220
Total Stream Impact for Projech 240 Iinear fee[.
r Basin
Temporar,y Fill in
Perennial Stream
Qinear ft)
20
20
To[al Stream Stream
Impact Impacts
Qinear ft) Requiring
M itigation
The project shall be construcred in accordance with your application dated received May 17, 2017, with subsequent
information on May 2�, 2017. After reviewine your application, we have decided that these impacts are covered by
General Warer Quality Certitication Number 4092. This certification mrresponds to the Nationwide Perznit 39 issued
by [he Corps of Engineers. This approval is also valid for Neuse Riparian Buffer Rules (ISA NCAC 28. 0233). In
addition. you should acquire any other federal, sta[e or local permits before you proceed with your project including
(but not limi[ed to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permi[.
This approval is valid solely for the purpose and design described in your applica[ion. Should your project change,
you must notify the NCDWR and submit a new applicafion. If fhe 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
wedand fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future)
exceed 300 linear fee4 compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6j and (7).
Addi[ional buffer impacts may require compensa[ory miti�ation as described in I�A 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.
Statz of Nonh Carolina I Gnvironmental Quality
1 GI7 MaJ Szrvice Cenrer I Raleigh. Nonh Camlina 27699-1617

Condition(s) of Certification:
Project Specific 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 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 if a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. 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)]
3. The proposed project must comply with the Orange County Stormwater Management Program for Lands within
the Neuse River Basin Ordinance approved by the N.C. Environmental Management Commission (EMC) under
the Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Delegation of Authority for the
Protection and Maintenance of Existing Riparian Buffers. [15A NCAC 02B .0241]
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
if 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 I�7CAC 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)]
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 watec [ 15A NCAC 02H.0506(bx3) and (c)(3)]
8. Heavy equipment shall be operated from [he banks rather than in the stream channel to minimize
sedimentation and reduce the introduction of other pollutants into the stream. []SA NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ l SA
NCAC 02H.0506(bx3)]
] 0. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certificatioa [15A NCAC 02H.0506(b)(3)]
11. Dischazging 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 aze necessary to assure compliance, the
NCDWR may reevaluate and modify this ceRification. [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
[he Division Engineer and the omsite project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be cleazly marked by highly visible fencing prior to any land disturbing
activities. Impacts to azeas 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 govemment 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 requ'vements, 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 applicant
shall complete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when all
work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(fl]
19. Native riparian vegetation must be reestablished in the riparian azeas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC 02B.0233(10)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modificatioa Should waste or borrow sites, or access roads to waste or
borrow sites, be in wetlands or siteams, 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 wmpliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Prac[ices in order to
protect surface waters standazds [15A NCAC 02H.0506(bx3) 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)]
23. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 02B.0233]
24. 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 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. �
25. Pursuant to 15A NCAC 2B. 0233, 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, 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 if Zone
1 is not compromised and that discharge is released as diffuse flow.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing.
You may obtain the petition form from the office of Administrative hearings. You must file the petition with the
office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when
it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and 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. �
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. Bill F. Lane, General Counsel
Department of Environmental 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 April Norton at [phone] or Auril.NortonCn�ncdenr. o�v.
S' cerely,
, ����
S y Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Catherine Jacobs, Summit Design and Engineering Services, PLLC.
April Norton, NC Division of Water Resources, Cenlral Office
File Copy

Environmen tul
QUQtlty
NCDWR Project No.:
ApplicanL•
Projec[ Name:
Dafe of Issuance of 401 Water Quality Certification:
Coun[y:
ROY COOPER
r;�n�, r,ior
MICHAEL S. REGAN
�:rrr�arr
S. JAY ZIMMERMAN
lxrecror
Certificate oPCompletion
Upon completion of all work approved wi[hin [he 401 Water Quality Certifica[ion or applicable Bufter Rules, and
am subsequent modificalions. the applican[ is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center. Ralei;h, NC, 27699-1617. This form
may be retumed to NCDWR by the applicant, the applicant's authorized agent, or the project eneineer. It is not
necessarv to send certificates from all uf [hese.
App(icanl's Cerlificulron
�, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and in[ent of the 401 Warer Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signature: Date:
,4genYs Cerrification
1, , hereby s[ate that, to [he best of my abilities, due care and diligence
was used in the observation of the construction such that the consVuction was observed to be built witliin substantial
compliance and intent of the 40I Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature:
6rrgineer's Certification
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construc[ion of the project for [he
Permittee hereby state that, ro the best of my abilities, due care and dilieence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Da[e
Reeistration No.
Sta�e ol Nunh Carolina I�nvimmnemal Quality
1617 Mail Sen�icz Cenrer I Raleigh. North Carolinn 276'W-16U