20181249 Ver 1_Approval Letter_20190215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
February 15, 2109
Mr. Philip S. Harris, 111, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, NEUSE
BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS for Proposed construction of the Triangle Expressway Southeast
Extension (NC 540) in Wake & Johnston Counties, Federal Aid Project No. STP-0540(19-21), State
Project No. 37673.1.TA2, TIP Nos, R-2721, R-2828, & R-2829.
NCDWR Project No. 20181249 version 1.
Dear Mr. Harris:
Attached hereto is a copy of Certification No. 4179 issued to The North Carolina Department of Transportation
(NCDOT) dated February 15, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Jim' on, DeputyDirector
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
Deanna Riffey, NC Department of Transportation
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Amanetta Somerville, EPA
Beth Harmon, Division of Mitigation Services
File Copy
D_E QNorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, NEUSE BUFFER
RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 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 21-1.0500 and 15A NCAC 213.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000.
This certification version authorizes the NCDOT to impact 28.53 acres of jurisdictional wetlands, 2.45 acres of
isolated wetlands 21809 linear feet of jurisdictional streams and 2476043 square feet of protected riparian buffers in
Wake County. The project shall be constructed pursuant to the application dated received September 12, 2018 The
authorized impacts are as described below:
R-2721A Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill in
Perennial Stream
(linear ft)
Stabilization to
Perennial Stream
(linear ft)
Temporary Impact
to Perennial Stream
(linear ft)
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring NCDWR
Mitigation (linear ft)
1
33
10
13
56
0
41
56
0
10
66
0
51
13
0
0
13
0
Total
102
10
23
135
0
R-2721A Total Stream Impacts (Cape Fear): 135 linear feet
R-2721A Total Stream (Cape Fear) Requiring DWR Mitigation: 0 linear feet
R-2721A Stream Im acts in the Neuse River Basin
Site
Permanent
Fill in
Intermittent
Stream
(linear ft)
Stabilization
to
Intermittent
Stream
(linear ft)
Temporary
Impact to
Intermittent
Stream
(linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Stabilization
to Perennial
Stream
(linear ft)
Temporary
Impact to
Perennial
Stream
(linear ft)
Total
Stream
Impact
(linear
ft)
Stream Impacts
Requiring
NCDWR
Mitigation
(linear ft)
6
463
0
10
0
0
0
473
0
7
372
0
16
0
0
0
388
0
8
0
0
0
2302
64
52
2418
2366
10
249
13
10
0
0
0
272
0
14
0
0
0
0
57
14
71
0
14A
0
0
0
231
0
15
246
0
15
0
0
0
33
0
0
33
0
18
273
81
21
0
0
0
375
0

18A
91
0
0
0
0
0
91
0
19
0
0
0
333
122
11
466
455
20
0
0
0
277
87
21
385
364
22
104
0
10
0
0
0
114
0
27
0
0
0
314
119
36
469
433
30
0
0
0
251
0
10
261
0
31
0
0
0
872
0
0
872
872
33
0
0
0
278
0
9
287
278
35
(AA)
0
0
0
719
35
57
811
754
35
(AB)
0
0
0
1035
44
20
1099
1079
36
0
0
0
977
92
10
1079
1069
38
358
18
10
0
0
0
386
0
39
303
18
9
0
0
0
330
0
40
0
0
10
0
0
0
10
0
44
0
0
0
58
123
30
211
0
45
0
0
0
211
102
41
354
313
49
0
0
0
28
83
0
111
0
50
128
0
6
0
0
0
134
0
Total
2341
130
102
7919
928
326
11746
7983
R-2721A Total Stream Impacts (Neuse): 11746 linear feet
R-2721A Total Stream (Neuse) Requiring DWR Mitigation: 7983 linear feet
R-2721 B Stream Impacts in the Neuse River Basin
Site
Permanent
Stabilization
Temporary
Permanent
Stabilization
Temporary
Total
Stream Impacts
Fill in
to
Impact to
Fill in
to Perennial
Impact to
Stream
Requiring
Intermittent
Intermittent
Intermittent
Perennial
Stream
Perennial
Impact
NCDWR
Stream
Stream
Stream
Stream
(linear ft)
Stream
(linear
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
ft)
(linear ft)
1
0
0
0
405
77
50
532
482
(AJ)
1
0
0
0
18
0
10
28
0

(AK)
2
0
0
0
398
0
11
409
398
3
0
0
0
327
84
46
457
411
4
128
0
10
0
0
0
138
0
5
0
0
0
537
0
32
569
537
6
953
0
30
0
0
0
983
0
8
105
0
0
0
0
0
105
0
9
640
38
22
0
0
0
700
0
11
0
0
0
404
20
60
484
424
12
157
0
46
0
0
0
203
0
14
0
0
0
402
0
28
430
402
15
142
0
0
0
0
0
142
0
16
333
46
13
0
0
0
392
0
17
0
0
0
181
368
46
595
549
18
0
0
0
256
15
0
271
0
20
0
0
0
1135
0
0
1135
1135
21
0
0
0
1158
204
34
1396
1362
22
692
55
13
0
0
0
760
0
23
9
0
11
0
0
0
20
0
24
14
0
17
0
0
0
31
0
25
142
0
6
0
0
0
148
0
Total
3315
139
168
5221
768
317
9928
5700
R-2721B Total Stream Impacts (Neuse): 9928 linear feet
R-2721 B Total Stream (Neuse) Requiring DWR Mitigation: 5700 linear feet
R-2721A Wetland Impacts in the Cape Fear River Basin
Site
Permanent Fill (ac)
Excavation (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
3
<0.01
<0.01
<0.01
0.01
Total
<0.01
<0.01
<0.01
0.01
R-2721A Total Wetland Impacts (Cape Fear): 0.01 acre
R-2721A Total Wetland (Cape Fear) Requiring DWR Mitigation: 0.01 acre

R-2721A Wetland Imnacts in the Neuse River Basin
Site
Permanent Fill (ac)
Excavation (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
1
0.38
0
0.07
0.45
2
0.09
0
0.02
0.11
3
0.01
0
0.02
0.03
5
0.05
0
0.02
0.07
6
1.53
0.06
0.02
1.61
9
0.27
<0.01
0
0.27
11
0.08
0.03
0
0.11
12
0.48
0
0.03
0.51
13
0.17
0
0.01
0.18
15
1.73
0.01
0.09
1.83
16
0
0.67
0
0.67
17
0.11
0
0.01
0.12
18
0.83 -
0.06
0.06
0.95
19
0.01
<0.01
0.04
0.05
20
0.11
<0.01
0.04
0.15
21
0
<0.01
<0.01
0.01
23
0
<0.01
<0.01
0.01
24
1.96
0.02
0.07
2.05
26
1.24
0
0.08
1.32
27
0
0
0.02
0.02
28
<0.01
0
<0.01
0.01
30
1.42
0
0.04
1.46
31
0.20
0
0
0.20
32
0.04
0
0
0.04
33
0.33
0.05
0.03
0.41
34
0.12
0.01
0.52
0.65

35
0.01
<0.01
<0.01
0.02
37
0.31
0.03
0.09
0.43
38
0.32
0.02
0.03
0.37
39
0.20
<0.01
0.03
0.23
40
0.26
<0.01
0.04
0.30
42
0.06
0
<0.01
0.06
43
0.19
0
0.07
0.26
46
0.07
0
0.03
0.10
47
0.06
0
0.03
0.09
48
0.08
0
0
0.08
Total
12.72
0.98
1.52
15.23
R-2721A Total Wetland Impacts (Neuse): 15.23 acres
R-2721A Total Wetland (Neuse) Requiring DWR Mitigation: 15.23 acres
R-2721B Wetland Impacts in the Neuse River Basin
Site
Permanent Fill
(ac)
Excavation
(ac)
Mechanized Clearing
(ac)
Temporary Impact
(ac)
Total Wetland Impact
(ac)
1
1.39
0.01
0.14
0.10
1.64
2
0.87
0
0.12
0.05
1.04
4
0.19
<0.01
0.07
0
0.27
5
1.12
0
0.18
0
1.30
6
0.54
<0.01
0.03
0
0.58
7
0.23
0
0.02
0.39
0.64
8
0.25
0
0.03
<0.01
0.29
9
0.06
<0.01
0.25
0
0.31
12
0.86
0.03
0.15
0
1.04
14
0.39
0.03
0.15
0.04
0.61
16
0.70
0.02
0.41
0
1.13
17
0.52
0
0.09
<0.01
0.61
18
0.18
0
0
0
0.18
20
0.62
2.34
0
0
2.96

21
0.41
0
0.09
0
0.50
22
0.14
<0.01
0
0
0.15
25
0.03
0
0
0
0.03
Total
8.50
2.46
1.73
0.60
13.29
R-2721B Total Wetland Impacts (Neuse): 13.29 acres
R-2721B Total Wetland (Neuse) Requiring DWR Mitigation: 12.69 acres
R-2721 A&B Isolated Wetland Im acts in the Neuse River Basin
Site
Permanent Fill (ac)
Excavation (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
A-4
0.02
0
0
0.02
B-13
0.24
0.03
0
0.25
B-19
0
2.15
0
2.15
B-26
0
0
0.01
0.01
Total
0.26
2.18
0.01
2.45
R-2721 Total Isolated Wetland Impacts: 2.45 acres
R-2721 Total Isolated Wetland Requiring DWR Mitigation: 1.95 acres
R-2721 A&B Open Water Ponds Impacts in the Neuse River Basin
Site
Total Fill in Open Waters (ac)
A-4
0.21
A-25
0.40
A-29
1.53
B-2
0.95
B-10
1.52
B-11
4.43
B-15
2.30
B-18
6.36
Total
17.70

R-2721A Neuse Riparian Buffer ImDaCtS
Site
Zone 1
Impact
(sq ft)
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers (not
wetlands)
(sq ft)
Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio)
Zone 2
Impact
(sq ft)
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers (not
wetlands)
(sq ft)
Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
1
0
0
0
N/A
1100
1100
0
N/A
2
29408
21740
7668
23004
18956
8886
10070
15105
3
24273
0
24273
72819
16141
0
16141
24211
4
132681
4296
128385
385155
69262
8310
60952
91428
5
10459
0
10459
31377
8389
0
8389
12583
6
Bridge
26603
0
26603
N/A
14543
0
14543
NA
6 Road
617
305
312
936
3309
3309
0
0
7
Bridge
2809
0
2809
N/A
748
0
748
N/A
7 Road
9867
1578
8289
24867
4783
2822
1961
2941
8
1831
0
1831
N/A
3121
0
3121
N/A
9
18345
15816
2529
7587
12510
5499
7011
10516
10
28484
2466
26018
78054
18802
1755
17047
25570
11
32299
4788
27511
82533
46835
1931
44904
67356
12
8561
1455
7106
21318
6046
1459
4587
6880
13
27842
1926
25916
77748
18095
3348
14747
22120
14
17040
11351
5689
17067
12724
6545
6179
9268
15
48780
6735
42045
126135
31001
1270
29731
44596
16
15703
11955
3748
11244
9430
3997
5433
8149
17
119892
3387
116505
349515
67192
2052
65140
97710
18
63401
3972
59429
178287
35703
6105
29598
44397
19
16825
8324
8501
25503
12033
736
11297
16945
20
22669
10895
11774
35322
14026
109
13917
20875
21
2521
1748
773
N/A
784
367
417
N/A
22
18564
210
18354
55062
10568
2581
7987
11980

23
19377
476
18901
56703
8151
594
7557
11335
24
9758
0
9758
29274
5594
0
5594
8391
25
5086
0
5086
N/A
2081
0
2081
N/A
26
1112
0
1112
3336
889
0
889
1333
Totals
714807
113426
601381
1692846
452816
62775
390041
553689
R-2721A Total Zone 1 Neuse Buffer Impacts: 714807 square feet
R-2721A Total Zone 2 Neuse Buffer Impacts: 452816 square feet
R-2721A Total Zone 1 Neuse Buffer Mitigation Required: 1692846 square feet
R-2721A Total Zone 2 Neuse Buffer Mitigation Required: 553689 square feet
R-2721B Neuse Riparian Buffer Impacts
Site
Zone 1
Impact
(sq ft)
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers (not
wetlands)
(sq ft)
Zone l Buffer
Mitigation
Required
(using 3:1 ratio)
Zone 2
Impact
(sq ft)
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers (not
wetlands)
(sq ft)
Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
1
29078
0
29078
87234
15901
1979
13922
20883
2
53530
12154
41376
124128
30845
3801
27044
40566
3
27228
15366
11862
35586
13512
5784
7728
11592
4
4514
0
4514
N/A
4637
0
4637
N/A
5
12760
6369
6391
19173
9950
3782
6168
9252
6
32516
12737
19779
59337
18451
8907
9544
14316
7
60417
18916
41501
124503
37018
3794
33224
49836
8
4317
0
4317
N/A
3633
0
3633
N/A
9
43026
18242
24784
74352
16583
2248
14335
21502
10
81719
8611
73108
219324
58771
2996
55775
83662
11
12732
12073
659
1977
9284
6870
2414
3621
12
0
0
0
N/A
1033
0
1033
N/A
13
59742
8237
51505
154515
35256
2948
32308
48462
14
12570
12218
352
1056
3470
2154
1316
1974
15
26651
17309
9342
28026
19936
10179
9757
14635
16
50560
15737
34823
104469
26570
6092
20478
30717
17
99039
2771
96268
288804
61848
1828
60020
90030

18
67075
42113
24962
74886
44679
16265
28414
42621
19
90601
17540
73061
219183
44578
3825
40753
61129
20
45963
3402
42561
127683
25860
1745
24115
36172
21
2129
0
2129
N/A
2577
0
2577
N/A
22
2720
0
2720
N/A
2485
0
2485
N/A
Al
35
0
35
105
237
0
237
N/A
A2
1181
0
1181
3543
1203
0
1203
N/A
Totals
820103
223795
596308
1747884
488317
85197
403120
580970
R-2721B Total Zone 1 Neuse Buffer Impacts: 820103 square feet
R-2721B Total Zone 2 Neuse Buffer Impacts: 488317 square feet
R-2721B Total Zone 1 Neuse Buffer Mitigation Required: 1747884 square feet
R-2721B Total Zone 2 Neuse Buffer Mitigation Required: 580970 square feet
Annroximate Preliminary R-2728 Impacts (to be finalized in future certification version)
Wetland: 19.3 acres
Stream: 20086 linear feet
Open Waters (Ponds): 5.99 acres
Isolated Wetland: 0.30 acre
Zone 1 Neuse Buffer: 1279298 square feet
Zone 2 Neuse Buffer: 752489 square feet
Aooroximate Preliminary R-2729 Impacts (to be finalized in future certification version)
Wetland: 18.4 acres
Stream: 17387 linear feet
Open Waters (Ponds): 7.57 acres
Zone I Neuse Buffer: 1350860 square feet
Zone 2 Neuse Buffer: 917248 square feet
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear and
Neuse River Basins 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 September 12,
2018. 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 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 regulations. This Certification shall expire on the same
day as the expiration date of the corresponding Corps of Engineers Permit.

Conditions of Certification:
1. This 401 Water Quality Certification and Neuse River Riparian Buffer Authorization is being issued with only the
R-2721 phase having finalized design and impacts. When final design plans are completed for phases R-2828 and
R-2829, a modification to the 401 Water Quality Certification and the Neuse Riparian Buffer Authorization shall be
submitted with fees and final plans to the NC Division of Water Resources. Final designs shall reflect all
appropriate further avoidance, minimization, and updated mitigation for impacts to wetlands, streams, and other
surface waters, and buffers. No construction activities that impact any wetlands, streams, surface waters, or buffers
located in phases R-2828 and R-2829 shall begin until after the permittee applies for, and receives, a written
modification of the 401 Water Quality Certification and the Neuse Riparian Buffer Authorization from the NC
Division of Water Resources.
2. Compensatory mitigation for impacts to 15.24 acres of wetlands in phase R-2721A, and 14.64 acres of wetlands
in phase R-2721 B are 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 letters dated August 28,
2018, and updated February 12, 2019, 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.
3. Compensatory mitigation impact to streams is required. We understand that you have chosen to perform
compensatory mitigation for impacts to 10362 linear feet of streams in phase R-2721A and 8536 linear feet of
streams in phase R-2721 B 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 letters dated
August 28, 2018, and updated February 12, 2019, 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.
4. Compensatory mitigation for impacts to protected Neuse riparian buffers are required. Compensatory mitigation
requirements for phase R-2721 A are 1692846 square feet of Zone 1 buffer and 553689 square feet of Zone 2 buffer.
Compensatory mitigation requirements for phase R-2721 B are 1747884 square feet of Zone 1 buffer and 580970
square feet of Zone 2 buffer. 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 letters dated August 28, 2018, and
updated February 12, 2019, 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.
5. The post -construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
[15A NCAC 02H .0506(b)(2)]
6. 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)]
7. 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)]
8. 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)]

9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed of properly. [I 5A NCAC 02H .0506(b)(3)]
10. 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, or during the removal of bents from an old bridge. This
condition can be waived with prior approval from the NCDWR. [I5A NCAC 02H .0506(b)(3)]
11. 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 of the surface water. [I5A NCAC 02H .0506(b)(3)]
12. 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. [I5A NCAC 02H.0506(b)(2)]
13. 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.
[I5A NCAC 02H.0506(b)(2)]
14. 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)]
15. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [I5A NCAC 02H.0506(b)(2)]
16. The stream channels 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. [I5A NCAC 02H.0506(b)(2)]
17. 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 02H.0506(b)]
18. A copy of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre -
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application received by NCDWR. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Resources.
19. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity shall
be designed, constructed, and operated with sediment and erosion control measures that meet Design Standards in
Sensitive Watersheds (I5A NCAC 4B .0124). However, due to the size of the project, NC DOT shall not be
required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
20. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using

appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.)
prior to discharging to surface waters.
21. Channel relocations shall be completed and stabilized, and approved 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)]
22. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless
otherwise approved by this certification. [15A NCAC 213.0233]
21. 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. Insert buffer rule
citation. [15A NCAC 213.0233]
22. 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.
23. All clearing of vegetation for purpose of relocating overhead power lines within jurisdictional wetlands shall be
performed without the use of mechanized equipment. [I 5A NCAC 02H.0506(b)(3)]
24. The permittee will need to adhere to any and all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish & Wildlife
Service, and/or the NC Division of Marine Fisheries. [ 15A NCAC 2H.0506(b)(2) and 15A NCAC 413.0125]
25. Prior to, and during the construction of project, the permittee shall coordinate with the North Carolina Wildlife
Resources Commission and the US Fish & Wildlife Service to ensure that the construction will not result in negative
impacts to threatened and endangered mussels. Should either of those agencies require changes to the proposed
design or construction activities, a modification to this 401 Water Quality Certification may be required. Any
changes to the design authorized by this certification will require approval from the NC Division of Water
Resources. [15A NCAC 2H.0506(b)(2) and 15A NCAC 413.0125]
26. 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 0213.0200]
27. 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. [I 5A NCAC 02H.0506(b)(2)]
28. 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)]
29. 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)]

30. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
31. 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)]
32. 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. [I 5A NCAC 02H.0506(b)(3)]
33. 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)]
34. 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)]
35. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
36. 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 0213.0200]
37. 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)]
38. 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)]
39. The outside buffer, wetland or water boundary located within the construction corridor 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. [I 5A NCAC 02H.0501 and .0502]
40. 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.
41. 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)]
42. 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(f)]
43. 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 0213.0233(10)] & [15A NCAC 02B.0506(b)(2)]

44. 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)]
45. 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.
46. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top
of bank, without prior approval from DWR. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
47. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment
and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of
sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H
.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200]
48. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control
Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -
owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of
erosion control measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained
in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and
implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act and the Mining Act of 1971. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
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 Federal 404 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 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 15th day of February 2019
DIVISION OF WATER RESOURCES
Jim Gregson, Deputy Director
WQC No. 4179

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
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 certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , 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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , 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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date