20090247 Ver 1_Application_20090311

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STATE of NORTH CAROLINA ?;Yi 1?0o
O
' N4 '9
DEPARTMENT OF TRANSPORTATION 49& O
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
DIVISION 4
March 5, 2009
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
09®247
Mr. Robert Ridings
Wetlands1401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
SUBJECT: Pipe replacement at existing crossing of an unnamed tributary to Swift
Creek on SR 1548 (New Bethel Road) in Johnston County
Dear Sirs:
The North Carolina Department of Transportation (NCDOT) proposes to remove and
re lace three (3) existing 48" culverts from an unnamed tributary to Swift Creek that
crosses un er 548 (New Beth-el-Rd.). The existing culverts will be replaced with
three (3) 10'X10' RCBCs. This activity proposes to-gently impact a total of thirty-
nine 39) linear feet of stream channel, .07 acre of jurisdictional wetlands, and A acre of
riparian buffer vw n the Neuse River Basin Creek waters e . We propose an
additional temporary impact to .01 acre of jurisdictional wetlands. NCDOT anticipates
that this pipe replacement activity will be authorized under Nationwide Permit 14 (NWP
14). This application is also intended as a request for written authorization from the NC
Division of Water Quality to proceed with a pipe replacement under General Water
Quality Certificate # 3704 (NWP 14).
Post Office Box 3165, Wilson, North Carolina 27895-3165
Phone [phone] Fax [phone]
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list four federally protected species for
Johnston County (Table 1).
Table 1- Federally Protected Species of Johnston County
Federal Habitat Biological
Common Name Scientific Name Status Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Tar River Spinymussel Elliptio steinstansana E N No Effect
Dwarf Wedgemussel Alasmidonta heterodon E N No Effect
Michaux's sumac Rhus michauxii E N No Effect
No element occurrences are listed on the NHP database at the project site; however a
mussel survey was requested and completed for this project. The mussel survey revealed
no presence of Dwarf wedgemussel or Tar River spinymussel, however, two State listed
species, the Atlantic pigtoe (Fusconaia mason) and the Triangle floater (Alasmidonta
undulata) were observed. The Biological Conclusion was that this project may affect, but
is not likely to adversely affect any federally listed species.
During the onsite visit, it was determined that there were no pine trees suitable for RCW
foraging or nesting in, or adjacent to, the project area. Michaux's sumac was not
observed in project vicinity. This project is not likely to jeopardize the continued existence
of any of the federally protected species listed in Johnston County.
No sites eligible for listing on the National Register occur within the area of potential
effect. The State Historic Preservation Office has determined that this project will not
affect listed or eligible historic properties.
MINIMIZATION INFORMATION
Impacts will be minimized by strict enforcement of Best Management Practices for the
protection of surface waters and wetlands, restrictions against the staging of equipment in
waters of the US, and coordination (including a pre-construction meeting) with the
Division Environmental Officer.
If you have any questions or need any additional information, please contact Chad
Coggins, Division Environmental Officer at [phone]. Your time and effort are
appreciated.
Respectfull yours,
R. eene, Jr., P
Division Engineer
o?0p W A TF9OG
h y
O S
Office Use Only
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a . Type(s) of approval sought from the
Corps: X Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes ? No
Id. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express C9 Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes K No For the record only for Corps Permit:

? Yes X No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? yes j$ No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes 1$ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No
2. Project Information
2a. Name of project: SR 1548 (New Bethel Road) Culvert Replacement
2b. County: Johnston
2c. Nearest municipality /town: Gamer
2d. Subdivision name: NIA
2e. NCOOT only, T.I.P. or state
project no: R-2552AC
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
- - -
- - -----
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4.: Applicant Information (if different from owner)
4a. Applicant is, ® Agent ? Other, specify:
4b. Name: Ricky E. Greene, Division 4 Engineer
4c. Business name
(if applicable):
NCDOT Division of Highways
4d. Street address: P.O. Box 3165
4e. City, state, zip: Wilson, NC 27895-3165
4f. Telephone no.: [phone] EXT. 3501
4g. Fax no.: [phone]
4h. Email address: rgreene(&ncdot.gov
5. Agent/Consultant Information (if applicable)
5a. Name: Chad Coggins
5b. Business name
(if applicable):
NCDOT Div. 4 Environmental Officer
5c. Street address: P.O. Box 3165
5d. City, state, zip: Wilson, NC 27895-3165
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: cconginsCalncdot.gov

Page 2 of 12
ts. rrofect information and Prior Project History
1. Property Identification
I a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: 35.6725 Longitude: -78.5495

1c. Property size: (DD.DDDDDD) (-DD.DDDDDD)
acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UT of Swift Creek
2b. Water Quality Classification of nearest receiving water: C NSW
2c. River basin: Neuse
3. Project Description
3a. Descnbe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Land use in the immediate vicinity consists of rural residential, single family home subdivisions
and agricultural
,
applications.
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project: The purpose of this project is to replace the existing culverts at this location
with larger culverts to handle increased flow volumes and reduce the
otential f
d
p
or roa
way flooding at this stream
crossing. This route is the only option for ingress and egress to a subdivision and a number of other single family
id
res
ences.
3e. Describe the overall project in detail, including the type of equipment to be used: The site will be dewatered, and the
existing pipes will be extended to facilitate a single detour lane. The three (3) existing culverts will be replaced with thr
'
'
ee
(3) 10
x10
RCBCs. Excavators, dump trucks and other standard earth moving and road building equipment will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (d known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Forth - Version 1.3 December 10, 2008 Version
B. , Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes No
6b. If yes, explain.
Page 4 of 12
'C. Proposed Impacts Inventory
1. Impacts Summary
Ia. Which sections were completed below for your project (check all that apply):
9 Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temp rary (T)
W1 ®P ? T Fill ? Yes ? Corps
0
01
® No ? DWQ .
W2 ? P ErT Fill R Yes ? Corps
0
01
? No ? DWQ .
W3 ® P ? T Excavation Yes
? No ? Corps
? DWQ 0.02
W4 2rP ? T Mech. Clearing ® Yes ? Corps 0
04
? No ? DWQ .
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P [I T 11 Yes El Corps
? No ? DWQ
2g. Total wetland impacts 0.06 .
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number- (PER) or (Corps-404,10 stream length
Permanent (P) or intermittent
DWQ -non-404,
width
Qinear
Temporary (T) (INT)? other) (feet) feet)
St O P ? T Fill UT To Swift Creek ® PER
? INT Corps
DWQ 6 39 '
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? PEI T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ '
S6 ? P ? T ? PER ? Corps
_.. -- =_ - - ? INT ..- .? DWQ.--= --- ---
3h. Total stream and tributary impacts 39
3i. Comments:
Page 5 of 12
PCN Forth - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02El P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. 56 Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact required?
Road
81 ®P ? T ng sa UTT Swift Creek KNo 3088.2 2322.6

B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 3088.2 2322.6
6i. Comments:

Page 7 of 12
D. Impact Justification and Mitigation
1. Avoidance and Minimization
I a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The site will be dewatered prior to the onset of any in-stream construction activities and all appropriate erosion control
measures will be implemented. In order to further minimize impacts, the on-site detour will only consist of one lane that
will handle traffic moving in both directions. Because the existing route is the only means of ingress and egress for a
number of local residents, and given that this route floods and becomes impassable during heavy rain events, there was
no viable alternative to avoid impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All dewatering and construction activities will strictly adhere to Best Management Practices for sediment and erosion
control, and will follow all regulations and permit conditions with regard to working in, and adjacent to, wetlands and
surface waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ®No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this

projects ? Mitigation bank

?Paymentto in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.-----
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
1)
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes )$ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 9 of 12
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: During construction, all appropriate sediment and erosion control ? Yes No
measures will be in place and upon completion, there will be no net increase in
impervious surface or stormwater.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes 01 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No net increase in impervious
surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local governmentsjurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
6. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? :. - ? Yes- -? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
I a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered 'yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered 'es" to the above, submit a qualitative or quantitative cumulative impactanalysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
This project will not generate any wastewater.
Page 11 of 12
PCN Form -Version 1.3 December 10, 2008 Version
"l I S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
®
Raleigh
Sc. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The GIS layer of the Natural Heritage Database was consulted, and a mussel survey was conducted on-site that revealed
the presence of two (2) state listed mussel species. An agreement was reached with USFWS to leave intact a functioning
beaver dam adjacent to the project area in an effort to maintain the current mussel habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NCWRC was consulted and stated that they will not request an anadromous fish moratorium for this crossing.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The State Historic Preservation Office issued a finding of no significant cultural resources or archaeoligical sites located
on this site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ®Yes ? No
8b. If yes, explain how project meets FEMA requirements: CLOMAR applied for and received on August 28, 2008.
8c. What source(s) did you use to make the floodplain determination? NC Flood Map

Ricky E. Greene
Applicant/Agent's Printed Name 'APOWt/Agent's S ature Date
(Agents signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
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The project shall be constructed in accordance with your application dated received March 11, 2009. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 213.0233). 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 NCDWQ 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now of in the future) exceed 150 linear-feet; eoinpensatdry mitigation be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in For this approval to remain valid, you must adhere to the conditions listed in the attached
certification as well as those listed below.
Conditions of Certification:
1. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and
wetlands 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 NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
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.
3. 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.
4. For all streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
5. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this Certification.
6. 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.
7. Pursuant to NCAC 15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any
Neuse Buffer without prior approval by NCDWQ. At this time, NCDWQ 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.
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.
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.
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.
11. 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.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
13. 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.
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.
15. 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.
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
18. 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 NCDWQ 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, NCDWQ may reevaluate and modify this certification.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
20. 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.
21. 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.
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
24. 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 NCDWQ when all work
included in the 401 Certification has been completed.
25. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction.

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.
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:
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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at [phone]
Sincerely,
Z6
Coleen H. Sullins
Director
Cc: Chad Coggins, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
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