20171365 Ver 2_Approval Letter_20180315

Environmentul
Quafity
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
Lurrirn Ufrecfur
March I5, 2018
Cumberland County
NCD W R Proj ect No.20171365 V2
TIP Project No. U-4405
REVISED APPROVAL of 401 WATER QUALITY CCRTIFICATION eith ADDITIONAL CONDITIONS
Mc Philip S. Harris, III. P.E. CPM
Project Development and Environmental Analysis Unit
Nonh Carolina Department of Transportation
1598 Mail Service Center
Raleieh, NC 27699-1598
Dear Mr. Harris:
This cenitication rescinds and replaces the certification issued on November 17, 2017. You have our approval, in
accordance with the conditions listed below, for the following impacts for the purpose of improvements to US
Highway 401(Raeford Road) from west of Hampton Oaks Drive to east of 1=airway Drive (approximately 6 miles) in
Cumberland County:
S[ream Im acts in the Ca e Fear River Basin
Permanen[ Temporar}' Permanent Temporary Stream
Fill in Fill in Fill in Fill in Total Impacts
Si[e In[ermittent In[ermit[en[ Perennial Perennial stream Requiring
S[ream S[ream S[ream Stream Impacts Miligation
linear ft linear ft linear ft Iinear f[ linear ft linear ft
1 8 43 51
2 201 4I 242
3 33 33
36 stabilization 176 171 347
4 216 20 236
5 206 27 233
US 45 45
U6 48 48
TOTAL 840 395 I,?35
fotal Stream Impact for Projech I,235 Ifnear }ee[.
Wetland Im acts in [he Ca e Fear River Basin
Total Impacts
Fill Fill Excavation Mechanized Hand Wetland Requiring
Site (ac) (Temporary) (ac) Clearing Clearing Impac[s Mitigation
ac ac ac ac
2 0.200 0.200 N/A
U I 0.007 0.007 N/A
U3 0.023 0.023 N/A
U4 0.012 0.012 N/A
U 0.02 0.02 N/A
TOTAL 0.219 0.023 0.262
1'otal Wetland Impact for Project: 0.262 acres.
Siate of Nonh Caruhna I F.nvironmental Qualiry
Ifil7 Mail Servim Centzr I Raleigh. North Carolina 27699-1617

O en Water Im acts in the Ca e Fear River Basin
Permanent Fill in Open Temporary Fill in Open Total Fill in Open
Site Waters ac Waters ac Waters ac
1 0.01 0.01 0.02
2 0.03 0.04 0.07
3 0.03 0.01 0.04
4 0.07 0.01 0.08
5 0.09 0.03 ' 0.12
U2 0.05 0.05
US 0.01 0.01
U6 0.02 0.02
TOTAL 0.23 0.18 0.41
Total Open Water Impact for Project: 0.41 acres.
The project shall be constructed in accordance with your application modification request dated received February
16, 2018. After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Numbers 4088 and 4086. This certification corresponds to the Nationwide Permit 14 and
Nationwide Permit 12 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404
permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the 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 or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certifications and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
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 the onen cut trenching of the utilitv lines the mixing of tonsoil and the subsoils within the
wetlands shall be minimized to the �reatest extent practical. Durin�, excavation, the soils shall be
placed on fabric to minimize impacts whenever possible Topsoil excavated from utilitv trenches in
wetlands will be piled senaratelv from the subsoils and will be back�lled into the trench onlv after the
subsoils have been placed in the trench and comnacted.
6. Sediment and Erosion Control 15A NCAC 02H .0506 (b)(3) and (c)(3)
Turbidity curtains shall be used to isolate all work areas from the stream at Beaver Creek, including pile
or casement installation, placement of riprap, excavation or flling. Strict adherence to the Construction
and Maintenance Best Management Practices will be required.
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
whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
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 permitted in waters of the
U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
10. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
11. 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)]
12. 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)]
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. [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(b)(3)]
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. [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. [15A NCAC 02H.0506(b)(3)]
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 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. 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
(�)(2)]
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. [15A NCAC
02H.0501 and .0502]
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 Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
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 the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502( fl]
25. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project
by the end of the growing season following completion of construction. [15A NCAC 02B.0231(a)(6)]
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 weUands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) and (cx3)]
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 oftice of Adminishative 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 accepu filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one Q) 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 2'7699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, Geneml Counsel
Depar[men[ of Environmental Quality
1601 Mail Service Center
Releigh, NC 27699-1601
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 Joanne Steenhuis at [phone] or [e-mail].
Sincerely,
0� ���- �6�
Linda Culpepper, lnterim Director
Division of Water Resources
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Colin Melbr, NC Department of Transportation
Gordon Cashin, NC Department of Transportation
Chris Rivenbark, NC Deparunent of Transportation
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitiga[ion Services
James Michel, Fayetteville Public Works Commission ([e-mail])
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

Environmental
Qualrty
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance oPa01 Water Quality Certification:
countv:
ROY COOPER
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MICHAEL S. REGAN
.1ru�.a�n.r
LINDA CULPEPPER
lnlu9m Ufrec[ar
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certitica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required m retum this certificate to the 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleieh, NC, ?7699-16U. This form
may be returned to NCDWR by the applicant, the applicant's au[horized agent, or the project eneineer. It is not
necessary to send certiticates from all of these.
ApplicmiCs Cerlifrca�ian
L , hereby sta[e [ha[, ro the best of my abilities, due care and dilieence
was used in the observation of the construction such that the consVuction was observed ro be built within substantial
compliance and intent of [he 401 Water Quality Certificatiun and Buffer Rules, [he approved plans and
specifications, and other supporting marerials.
Sienature: Date:
4gen�'s Certifrcatio�r
1, . hereby state [hat, to 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 ofthe 401 Wacer Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signature:
Engineer's Cerlifrealion
Partial
Final
Da[e:
I, , as a duly regis[ered Professional Engineer in [he Sta[e of North
Carolina, having been authorized ro observe (periodically, weekl}'. full [ime) the construc[ion ofthc projec[ for the
Permittee hereby state that, to the bes[ of my abilities, due care and diligence was used in the observation of [he
construction such that the construction was observed to 6e built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, die approved plans and specifications, and other supporting marerials.
Sienature
Da[e
Registration No.
State of Notth Carolina I F.nvironmentul Quairt}
I(il7 Mnil Strvicc Center I Ralcigh. North Carnhna 27699-1617