20170525 Ver 1_Approval Letter_20170828

Environmentul
Quality
August 28, 2017
Mr. Jay Johnson
Division 2 Environmen[al Officer
NCDOT, Division 2
P.O. Box 1587
Greemille, NC 27835
ROY COOPER
Go,�ernor
MICHAEL S. REGAN
�err�rrun�
S. JAY ZIMMERMAN
urcean,
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS for the construction of the C.F.
Harvey Parkway (NC 148) Extension from NC 58 to NC I I in Lenoir County, WBS No. 46375, TIP R-
5703.
NCDWR Project No. 20170525
Dear Mr. Johnson:
Attached hereto is a copy of Certification No.004121 issued to The North Carolina Department of Transportation
(NCDOT) dated Auaust 28, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
�, ��- ����
S. Jay Zimmemtan, Director
Division of Water Resources
Attachments
ElecRonic copy only distribution:
Tom Steffens, US Army Corps of En�ineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Miligation Services
Garcy Ward, NC Division of Water Resources, Washingon Regional Office
File Copy
SWte of Nutlh Carolina � Environmenial Quality
1617 Mail Service Center I Raleigh. Nonh Carolina 27699-1617

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER AUTHORIZATION, 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 and 15A NCAC 2B.0233. This certification authorizes the NCDOT to impact 19.17 acres of
jurisdictional wetlands, 3,1551inear feet of jurisdictional streams and 368,795 square feet of protected riparian
buffers in Lenoir County. The project shall be constructed pursuant to the application dated received April 28, 2017.
The authorized impacts are as described below:
Stream Im acts in the Neuse River Basin
Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Fill in Stream Impacts
Site Intermittent Intermittent Perennial Perennial Requiring
Stream Stream Stream Stream Impact Mitigation
linear ft linear ft linear ft linear ft (linear ft) linear ft
1 -- -- 101 41 142 n/a
2 446 -- 173 62 681 . 173
2A -- -- -- 55 55 n/a
3 -- -- 170 67 237 170
4 -- -- 339 84 423 339
5 15 84 -- -- 99 n/a
6-SA -- -- -- 129 129 n/a
6-SAD -- -- -- 160 160 n/a
7 11 -- -- -- 11 n/a
8 -- -- 226 76 302 226
11 -- -- -- 30 30 n/a
12 -- -- 466 22 488 466
14 98 15 -- -- 113 n/a
15 -- -- 122 81 203 n/a
20 -- -- -- 82 82 n/a
Total 570 99 1597 889 3,155 1,374
'1'otal �tream lmpact for Yroject: 3,155 linear ieet
*n/a = permanent stream impact < 150 lf, no mitigation required
Wetland Im acts in the Neuse River Basin
Site Wetland Fill Fill Excavation Mechanized Hand Total
Type (ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact
ac
6 Riverine 0.26 -- 0.02 0.11 3.37 3.76
9 Non-riverine 10.29 -- -- 1.14 -- 11.43
10 Riverine 0.13 - -- -- -- 0.13
12 Riverine 0.63 -- <0.01 -- -- 0.64
13 Riverine 0.18 -- -- -- -- 0.18
14 Riverine 0.67 -- 0.02 <0.01 <0.01 0.71
16 Non-riverine 0.10 -- -- 0.06 -- 0.16
17 Non-riverine 0.25 -- <0.01 0.14 0.47 0.87
18 Non-riverine 0.15 -- -- 0.08 -- 0.23
19 Non-riverine 0.59 -- -- 0.25 0.21 1.05
Total 13.25 -- 0.05 1.81 4.06 19.17
Total Wetland lmpact for Yroject: 19.17 acres.

Neuse lti arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 • Zone 2 minus = Zone 2 Zone 2
Impact Wetlands Buffers (not Buffer ' Impact �6'etlands Buffers (not Buffer
(sq ft) in Zone 1 wetlands) Mitigation (sq ft) in Zone 2 wetlands) Mitigation
(sq ft) (sq ft) Required (sq ft) (sq ft) Required
(using 3:1 (using 1.5:1
ratio ratio
1 8,705 0 8,705 n/a 5,636 0 5,636 n/a
2 38,832 0 38,832 116,496 25,125 0 25,125 37,688
2A 11,096 0 11,096 33,288 7,134 0 7,134 10,701
2B 1,836 0 1,836 5,508 176 0 176 - 264
3 24,183 0 24,183 72,549 14,918 0 14,918 22,377
4 6,676 0 6,676 20,028* • 6,197 0 6,197 9,296*
5 2,459 0 2,459 • n/a 1,330 0 1,330 n/a
6-bridge 14,206 14,206 0 n/a 9,396 9,396 0 n/a
7-bridge 12,254 12,254 0 n/a 8,005 8,005 0 n/a
8 1,636 0 1,636 n/a i 1,072 0 1,072 n/a
9 18,265 0 18,265 54,795 ; 12,170 0 12,170 18,255
10 1,834 0 1,834 5,502 ' 13,391 37 13,354 20,031
11- 18,030 0 18,030 n/a 11,660 0 11,660 n/a
bridge
12 2,081 0 2,081 6,243* '' 3,164 0 3,164 4,746*
13 30,072 11,910 18,162 54.486 '' 20,827 5,956 14,871 22,307
14 8,631 6,639 � 1,992 5.976 ` 7,330 2,007 5,323 7,985
15 10,625 0 10,625 31.875 �' 6,170 0 6,170 9,255
16 1,024 496 528 1584* ' 2,649 1,312 1,337 2,006*
Total 212,445 45,505 �166,940 408,330 156,350 26,713 129,637 164,911
Total Buffer lmpact For Yroject: 362f,795 square ieet.
n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
* road impacts other than crossings, mitigation required
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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 design that you submitted in your application dated received April
28, 2017 and revised buffer information received August 25, 2017. Should your project change, you are required to
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 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233.. 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 regulatians.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit. �

Condition(s) of Certification:
Project Specific Conditions:
1. Compensatory mitigation for 1,3741inear 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 April 12, 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.
2. Compensatory mitigation for impacts to 15.11 acres of wetlands (2.05 ac riverine, 13.06 ac non-riverine) 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 the mitigation for the project. DMS has indicated in a letter dated April 12, 2017 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.
Compensatory mitigafion for impacts to 136,110 square feet of protected riparian buffers in Zone 1 and 109,939
square feet of protected riparian buffers in Zone 2 shall be required. Refer to the buffer impact table for
mitigation totals. 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 April 12, 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 autharization to be valid, DWR requires confirmation that the required buffer mitigation credits are
available. Impacts to jurisdictional resources approved with this certification are not allowed prior to receipt of
confirmation of the available buffer mitigation credits.
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 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.
3. 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)]
4. 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 a11oYv
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 ta 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)]

5. If multiple pipes ar 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/ar sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet ar 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)]
6. 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)]
7. 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] .
8. 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]
9. 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)]
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. 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)]
12. 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)
13. Erosion and sedirrient 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.
14. 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)]

15. Erosion control matting in riparian areas shall not contain a nylon mesh grid 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 are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
16. Pursuant to 15A 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, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
17. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
18. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
19. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and
then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the bottom ofthe surface water. [15A NCAC 02H .0506(b)(3)]
20. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
21. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
before entering the stream. To meet the requirements 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(d)(2) and 15A NCAC 02H
.0506(b)(5)]
22. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0233)
23. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0233(6)]
24. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed far 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)]
25. 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)]
26. 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)]
27. 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)]
28. 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.0506(b)(2)]
29. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-
woody species by the end of the growing season following completion of construction. For the purpose of this

condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to
regular NCDOT maintenance activities including mowing. The area, with non-maintained buffers shall be
permanently revegetated with native woody species before the next growing season following completion of
construction. (15A NCAC 2B.0233)
30. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
31. 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)]
32. 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 federallaw is being
violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
33. 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)] ,
34. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when.
all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
35. 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)]
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 are made
conditions of the Federa1404 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 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
Deparhnent of Environmental Quality
1601 Mail Service Center
This the 28th day of August, 2017
DIVISION OF WATER RESOURCES
� ��/� " Y �� .
S. Jay Zimmerman, Director
WQC No. 004121

Environmen tnl
Quality
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
ROY COOPER
Gnrrrm»
MICHAEL S. REGAN
tie�rernn
S. JAY ZIMMERMAN
t�;�,-,: ro��
Certificate 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 Center, Ralei�h, NC, 27699-1617. This form
may be returned to NCDWR by tlie applicant, the applicant's authorized agent, or the project engineec It is not
necessary to send certificares from all of these.
ApplicunPs Certificatiae
I, , hereby s[ate that, lo [he best of my abili[ies, 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 intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportin� materials.
Signature: Da[e:
,4geni's Certification
I, , hereby state [hat, [o 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 intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engiiieer's Cer�ifrcn[ion
Partial Pinal
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of [he project,for the
Permittee hereby sta[e [hat, ro the best of my abilities, due care and diligence was used in [he observation of the
construction such that [he construction was observed to be built within substantial compliance and intent of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specifica[ions, and o[her supporting ma[erials.
Signa[ure
Re�istration No.
State o(Nurth Carolina I[nvironmental Qualiry�
I FI7 Mail Strv�ce Center � Ralzi�. Notth Carolina 27699-1617
Da[e