20190241 Ver 1_Approval Letter_20190305

ROY COOPER
co����o.
MICHAEL S. REGAN
Senemry
LINDA CULPEPPER
Dlrector
March 5. 2019
Durham County
NCDWR Project No. 20190241
SR 1113
State Project No. 5B?03214.4
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr. Joey Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Stree[
Durham, NC 27704
Dear Mc Hopkins:
You have our approval, in accordance with the conditions listed below, for the followin,� impacts- for the purpose of a culvert
replacement on SR I I 13 in Durham County:
S[ream Imoac[s in [he Caoe Fear River Basin
Si[e � Permanent Fill in Perennial � BanA Stabilization to
Total I 4 I 132
Total Stream Impact for Projec[: 187 linear feet.
Jordan Riparian Buffer Impacts
51
Im
Total Stream
187
Si[e Zone I Impact Zone 1 Buffer Mi[igation Zone Z Impact Zone 2 Buffer Mitigation
s k Re uired usin 3il ratio s f[) Re uired usin 1.5:1 ratio)
I 2145 N/A 555 N;A
2 1666 4998 685 1038
Totals 3811 4998 I240 1028
* n�a = Impact Allowable; No Mrtigahon Keqwred
Total Buffer Impact for Project: 5051 square feet.
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NORTH CAROLINA
Environmenml Quality
Temporary Dewa[ering to
'erennial S[ream (linear f[
North Carollna Departmen[ of B�vuonmen[al Quahry Dwision of Water Resources
512 North Salisbury Stree[ 1617 Mail Service Cen[er I Raleigh, North Carolina 276991617
919.707.9000

The project shall be constructed in accordance with your application received February 35, 2019. After reviewing your application,
we have decided that these impacts are eovered by General Water Quality Cenification Number 413�. �I'his certification corresponds
ro the Nationwide Permit I4 issued by the Corps of Engineers. This approval is also valid for the Jordan Riparian Buffer Rules (ISA
NCAC 2B.0367). In addition, you should acquire any other federal, sta[e or local permits before you proceed with your projec[
including (but not limited to) Sediment and Erosion ConVol, Non-Discharge and Water Supply Wa[ershed regulations. This approval
will expire wi[h the accompanying 40d permit.
This approval is valid solelq for the purpose and design described in your application (unless modified below). Should your project
change, you must noti'ty the NCDW R 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 wedand fills for this
project (now or in the future) exceed one acre, or of [otal impac�s to streams (now or in [he Yu[ure) exceed I50 linear feet.
compensatory mitigation may be required as described in I SA NCAC 3H .0506 (h) (6) and (7). Additional buffer impacts inay require
compensatory miti�ation as described in I SA NCAC 2B.0267. For this approval [o remain valid, you must adhere to the condi[ions
listed in [he General Certification and any additional condi[ions listed below.
Condi[ions of Certification:
L Compensa[ory mitiga[ion for impacts to 1666 square feet of protec[ed riparian buffers in Zone I and 685 square feet of protec[ed
riparian buffers in Zone 3 shall be required. We understand that you have chosen ro perform compensa[ory miti,a[ion for impacts [o
pro[ected buffers through use of Ihe North Carolina Division of Miti�ation Services (DMS) (formerly NCGGP). Mitieation for
unavoidable impacts to Jordan Riparian Buffers shall be provided in the Jordan Lake River Basin and done in accordance with I SA
NCAC .02B .0295. The DMS has indicated in a letter dated February 31, 3019 that they will assume responsibility for satisfyin� [he
compensa[ory miti�a[ion requirements for the above-referenced project, in accordance with DMS's Mitiga[ion Bankin� Ins[rument
sianed June 14, 2016.
3. Unless otherwise approved in this certification, placement of culvens and other siructures 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 30 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic liCe. Desi�n 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 writin� by the NCDWR. If this
condition is unable to be met due to bedrock or other limitin� features encountered during construction, please con[act the NCDWR
for guidance on how to proceed and to determine whe�her or noi a permit modi (ication will be required. � I SA NCAC 0?H.0506(b)(2)]
3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross sec[ion as closely as possible
includin,. pipes or barrels at flood plain elevation and%or sills where appropriare. Widening the stream channel should be avoided.
Stream channel widening at the inlet or oudet end of strucwres typically decreases water velocity causing sediment deposition that
requires increased main[enance and disrupts aquatic life passage. [I SA NCAC 03H.0506(b)(2)]
4. Riprap shall not be plaeed in the active thalwe� channel or plaeed in the streambed in a manner that precludes aquatic life passage.
Bioen�ineerin� boulders or svuctures should be properly designed, sized and installed. [ I SA NCAC 02H.0506(b)(2)]
5. For any streams bein� impacted due to site dewaterino activities, the site shall be graded ro its preeonstruction wntours and
revegetated with appropriate native species. �ISA NCAC 02HA506(b)(2)]
6. The stream channel shall be escavated no deeper than [he natural bed material of the stream, to the maximum ex[ent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as ro vegetation responsible for maintaining [he
stream bank stability. Any applicable riparian buffer impact for access [o stream channel shall be [emporary and be revegetated with
native riparian species. [ISA NCAC 02H.0506(b)(2)]
7. All stormwa[er runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by
this certitication. �ISA NCAC 26.0267]
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North Carolina Department of Environmen[ai Qualiq� Drvision of Water Resources
512 North Salisbury Street 1617 Mail Service Center i Raleigh, North Carolina 276991617
919.707.9000
��

8. All riparian buffers impac[ed by the placement of remporary fill or clearin, activities shall be restored to the preconstruction
contours 2nd reve�etated. Maintained buffers shall be permanendy revegetaled with non-woody species by the end of the �rowing
season following completion of cons�ruction. Por the purpose of this condition, maintained buCfer areas are defined as areas within the
transponation corridor Iha[ will be subject to regular NCDOT maintenance activities including mowing. The area with nommaintained
buffers shall be pennanently revegetated with native woody species before thc next growing season following completion of
construction. [I�A NCAC 26.0267J
9. Pursuant to I SA NCAC 3B.0367, sediment and erosion control devices shall not be placed in Zone I of any Jordan Buffer without
prior approval by thc NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone I, ou[side of
the approved projec� impacts, anywhere on this project. Moreover, sediment and erosion conirol devices shall be allowed in Zone 3 of
the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
10. If conerete is used durin� construction, a dry work area shall be main[ained to prevent direc[ contact between curina concrete and
stream wa[er. Water that inadvertendy contacts uncured concrete shall not be discharged ro surface waters due ro the potential for
elevated pH and possible aquatic life and fish kills. [I SA NCAC 02B.0200]
I I. 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 SA NCAC OZH.0506(b)(2)�
12. The dimension, pattern and profile of die stream above and below the crossing shall not be modified. Disturbed Floodplains and
streams shall be restored to natural :eomorphic conditions. �I SA NCAC 03HA506(b)(2)]
13. The use of rip-rap above Ihe Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be
placed in stream channels in such a manner diat it does not impede aquatic life passa�e. [I SA NCAC 02H.0506(b)(2)�
14. The Permittee shall ensure that the final design drawin�s adhere to the permit and to [he permit drawines submitted for approval.
�I SA NCAC 03H .0507 (c) and 15A NCAC 02H .0�06 (b)(2) and (c)(2)]
I5. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved E3MP measures from the most current
version of NCDOT Construction and Maintenance Activities manual such as sandbass, rock berms, cofferdams and other diversion
structures shall be used to prevent excavation in Flowin� water. [ISA NCAC 0311.0506(b)(3) and (c)(3)�
16. Heavy equipment shall be operated from the banks rathcr than in the stream channel in order to minimize sedimentation and
reduce the introduction of other pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)]
17. 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 tosic materials. �15A NCAC 02H.0506(b)(3)J
18. No rock, sand or other materials shall be dredged from [he stream channel escept where authorized by this certification. [ I SA NCAC
03 H.0506(b)(3 )�
19. Discharging hydroseed mixwres and washing out hydroseeders and other equipment in or adjacent to surface warers is prohibited.
[ISA NCAC 02H.0506(b)(3)]
20. 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 Iaw is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certification. [I SA NCAC 03B.0200]
31. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality
Cenification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager.
[15A NCAC 0?H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
22. The outside buffer, weUand or water boundary located within the construction corridor approved by this authorization, includina all
non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land
ti..._........�D Q�,�
North Carolina Departmen[ oP Environmental Quaiity Drvision of Water Resources
512 North Salisbury Stree[ 1617 Mail Service Center � Raleigh. North Carolina 2 7 6 9 9-161 7
919707.9000
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disturbing activities. Impacts to areas within [he fencing are prohibited unless o[herwise authorized by this cenification. [l�A NCAC
02H.0501 and.0502�
23. The issuance of this certification does not e�empt the Permittec from complyin� with any and all statutes, rules, re�ulations, or
ordinances that may be imposed by other govemment a,encies�(i.e. local, state, and federal) havingjurisdictioa includin� but not limited
ro applicable but%r rules, stormwater mana�ement rules, soil erosion and sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [I SA
NCAC 0?B.0506(b)(2)]
35. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall
complete and retum the enclosed "Certification ofCompletion Form" to notify the NCDW R when all work included in the 401 Certification
has been completed [ISA NCAC 021I.0502(t)]
26. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic re�ion) must be reestablished in the riparian
areas within the construction limits of the project by the end of the growin� season following completion of construction. [I SA NCAC
oze.ozb�� & �isn Ncac o�B.oso6�e>�>»
27. Thcre shall be no excava[ion fi'om, or waste disposal inro, jurisdictional wetlands or waters associa[ed with this permi[ without
appropriate modification. Should waste or borrow sites, or access' roads ro waste or borrow sites, be located in wedands or streams,
compensatory miti�ation will be required since tha[ is a direct impact from road construc[ion activities. [I SA NCAC OZH.0506(b)(3) and
(�)(�)l
28. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and
operation and maintenance oCsuch Best Management Practices in order to protect surface waters standards [I SA 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
aecordance with die mos[ reeent version of the North Cnrolinu Sedimen� nncl Erosion Control Plannrng nnd Desrgn
hlanual.
b. The desi�n, installation, operation, and maintenance of the sediment and erosion control measures must be such that they
equal, or exceed, the requiremenls specified in the most recent version ofthe Nordv Carolinn Sediment rmd Erosion Contro!
tifanua(. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) prqjects, includin�
contractor-owned or leased borrow pits associated wi[h the project.
c. For borrow pit sites, the erosion and sediment control measures must be desi�ned, installed, operated, and maintained in
accordance wi[h the most recent version of [he Nor[h Carolinci Surjcrce Mining �Linmral.
d. i�he reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Con[rol Act.
39. 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 SA NCAC OZH.O506(b)(3) and (c)(3)]
30. When applicable, all construction activi�ies shall be performed and maintained in full compliance with G.S. Chapter I 13A Article d
(Sediment and Pollution Control Act of 1973). Regardless of applicabiliry 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 occuc [ I SA NCAC 03H .0506 [b)(S) and (c)(3) and I SA NCAC 02B.0200]
31. Design, installa[ion, operation, and main[enance of all sediment and erosion control measures shall be equal [o or exceed [he
requirements specified in the most recent version of the North Camli�va Sedrnrent and Erosion Con[rol Man:ral, or for linear
transportation projects, Ihe NCDO%�Sediment and Erosion Con[rol Mnnrral.
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 Sufticient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shal I 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 Nor[h Caro[ina Su� face tiln�ing hianual. Reclama[ion measures and implementation shall comply
D_E Q�,�
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North Carolina Departinen[ of Environmen[al Quaiiry Division of Wa[er Resources
512 North Salisbury SVee[ 16ll Mall Service Cen[er i Raleigh. North Carolina 27699-16P
919707.9000
�—

wi[h the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Minin� Act of 197 L[ I SA
NCAC 02H.0506(b)(3) and (c)(3); GC 4I3�]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearin�. You may
obtain the petition form from the office of Administrative hearin�s. You must file the peti[ion 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. �I�he Office of Administra[ive Hearings accepts filings Monday through Friday
between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (I) copy ofthe petition mus[ be filed
with the Office of Administra[ive Hearings.
�I'he petition may be faxed-provided the original and one copy of [he document is received by [he Office of Administrative Hearin�s
within five (5) business days followin� the faxed transmission.
The mailing address for the Office of Administrative Hearinas is:
Office of Administrative Heariogs
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]Q Facsimile: [phone]
A wpy of [he pe[ition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter comple[es the review of the Division of Water Resources under Section 401 of the Clean Water Act If you have any
ques[ions, please contact Rob Ridings a[ 919-707-38T.
Since�� �� `��r'i (/
Linda Culpepper, Director
Division of Wa[er Resources
Elec[ronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Ralei�h Field Office
Heather Montague, Division 5 Environmental Specialist
Beth Harmon, Division of Mitigation Services
File Copy
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North Carolina Departmen[ of Environmental Quahty Division of Water Resources
512 North Salisbury Street , 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
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