20170868 Ver 1_Approval Letter_20170828

Envira�men ta!
Qua(ity
Augus[ 28, 2017
Tracy A. S[ephenson, PA
Town Engineer
Town of Fuquay-Varina
401 Old Honeycutt Road
Fuquay-Varina, NC 27526
ROY COOPER
Gm�ernor
MICHAEL S. REGAN
Serremn
S. JAY ZIMMERMAN
i����e�r��.
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDtTIONAL CONDITIONS for Proposed extension to NW Judd Parkway (SR 5056) in Wake Counry,
Federal Aid Project No. STPDA-0507(3). Sta[e Projec[ No. 45430.1 J. TIP No. U-5317.
NCDWR Project No. 20170868
Dear Ms. Stephenson:
Attached hereto is a copy of Certifica[ion No. 4127 issued [o The North Carolina Departmen[ of Transporta[ion
(NCDOT) dated Augus[ 38. 2017_
If we can be of further assis[ance, do no[ hesita[e [o contact us.
Sincerely,
/ N•.
S. Jay Zimmertnan. Director
Division of Water Resources
Attachments
Electronic copy only distribu[ion:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Ross Sullivan, PWS, Kimley-Horn
Beth Harmon, Division of Mi[igation Services
File Copy
Slate ol'Norch Camlina I E.nvironmcntal Quahry
1617 Mzil Szrvice Center � Raleieh. North Camliw 27699-Ifi17

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 Town of Fuquay-Varina to impact 1.812 acres of
jurisdictional wetlands, and 273 linear feet of jurisdictional streams in Wake County. The project shall be
constructed pursuant to the application dated received July 13, 2017. The authorized impacts are as described
below:
Site
1
Total
Stream I�
Permanent Fill in Perennial
Stream (linear ft)
250
250
in the Cape Fear River Basin
Temporary Impact to
Perennial Stream (linear ft)
23
23
Total Stream Impact for Project: 273 linear feet
Total Stream Impact
(linear ft)
273
273
Wetland Im acts in the Ca e Fear River Basin
Site Permanent Fill Temporary Excavation Mechanized Clearing Total Wetland Impact
(ac) Fill (ac) (ac) (ac) (ac)
1 1.110 0 0.021 0.154 1.285
2 0.419 0 0.009 0.094 0.522
5 0 0.005 0 0 0.005
Total 1.529 0.005 0.030 0.248 1.812
Total Wetland Impact for Project: 1.812 acres.
Water
in the Cape Fear River Basin
Site � Permanent Fill in Open Waters (ac) I Temporary Fill in Open Waters (ac) I Total Fill in Open Waters (ac)
3
4
Total
0.003
0.019
0.022
Total Open Water Impact for Project: 0.045 acres.
0.023
0.023
0.003
0.042
0.045
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 design that you submitted in your application received July 13, 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 300 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.
Conditions of Certification:
1. Compensatory mitigation for impacts to 1.807 acres of riparian wetlands is required. We understand that you
have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of
Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the
project. DMS has indicated in a letter dated March 1, 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.
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 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 down stream 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)]
3. 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)] _
4. 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)]
5. For any 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)]
6. 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 applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)]
7. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation. [15A NCAC 2H.0506(b)(3)]
8. 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]

9. During the construction of the project, no staging of equipment of any kind is pertnitted in waters of the U.S., or
protected riparian buffers. [15A NCAC 02H.0506(bx2)]
10. The dimension, pattem and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natucal geomorphic conditions. [ I SA NCAC 02H.0506(bx2)]
1 l. The use of rip-rap above the Normal High Water Mazk shall be minimized. Any rip-rap placed for stream
stabiliTation shall be placed in stream channels in such a manner that it dces not impede aquatic life passage. [ 15A
NCAC 02H.0506(bx2)]
12. T'he 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)]
13. All work in or adjacent to skeam waters shall be conducted in a dry work area. Approved BMP measures from
the mos[ current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion strvctures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)]
14. 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)]
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricanu, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
16. 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)]
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [ISA NCAC 02H.0506(b)(3)]
18. The permittee and its authorized agents shall wnduct its activities in a manner consistent with State water quality
standazds (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requ'vements 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]
19. 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)]
20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [n addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and
the on-site project managec [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (c)(2)]
21. The outside buffer, wetland or water boundary located within the construction comdor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked
by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless
otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502]
22. The issuance of this certification dces 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 fedenl) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
23. The Pertnittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(bx2)]

24. Upon completion of the project (including any impacts at associated borrow or waste sites), the project manager
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]
25. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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 02B.0506(b)(2)]
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 (c)(3)]
27. 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.
28. 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 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 Vansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigly 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 the 28th day of August 2017
DIVISION OF WATER RESOURCES
� ���G / ��
S. Jay Zimmerman, D'vector
WQC No. 4127

En viron m en ta(
QUQ�lrY
NCDWR Project No.:
ApplicanL•
Project Name:
Date of Issuance of A01 Wa[er Quality Certification:
COUlII�':
ROY COOPER
Gor, ri:„r
MICHAEL S. REGAN
.�-ea�rrun�
S. JAY ZIMMERMAN
nrrr<�ror
Cer[ifica[e of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequent modifcations, the applicant is required to retum this certificate ro the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be re[urned ro NCDWR by the applican[, Ihe applican['s authorized a�ent. or the project en�ineec I[ is no[
necessary to send certificates from all of [hese.
ApplicanPs Certificulion
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 to be built within substantial
compliance and intent of the 401 Wacer Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and o[her supportin� ma[erials.
Si;namre: Date:
Agenl's Cerlificatinn
l, , hereby state that, to the best of my abilities, due care and diligence
was used in ihe observa[ion of the construction such that Ihe construc[ion was observed to be buil[ within substantial
compliance and in[w[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting ma[erials.
Signamre: Date:
Ei�gineer's Ceriifrcatinu
Partial Final
l, , as a duly registered Professional Eneineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full [ime) d�e construc[ion of [he project,for [he
Permittee hereby sta[e that, to the best of my abilities, due care and diligence was used in the observation of the
cons[ruction such that the construction was observed to be built wi[hin substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registra[ion No.
Smte ol' North Carolina � Lnvironmen[al Quali[}
1617 Mail Szrvire Cemzr I Ralcigh. North Carohna'_7ti99-1617
Date