20190240 Ver 1_Approval Letter_20190305

ROY COOPER
Govemor
MICHAEL S. RECAN
se�,Pr�.y
LINDA CULPEPPER
Direcror
STATE ^'
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NORTH CAROLINA
Environmental Qua/ity
March 5. ?019
Person County
NCDWR Project No. 20190240
SR 1703
State Project No. �B.207314.4
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL
CONUITIONS
Mr. Joey Hopkins, P.E., Division En�ineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 37704
Dear Mr. Hopkins:
You have our approval, in accordance with [he conditions listed below, for the followin� impac[s for [he purpose of a culvert
replacement on SR 1703 in Person County:
Site
Total
S[ream Imp.
Bank Stabiliza[ion [o Perennial Stream
36
in the Neuse River Basin
Temporary Dewatering [o Perennial
45
Total Stream
Total Stream Impact for Projec[: 81 linear fee[.
Neuse Riparian Buffer Impacts
SI
Site Zone 1 Impact Zone 1 Buffer Mitigatio❑ Zone 2 Impact Zone 2 Buffer Mitigation
s k) Re uired usin 3:1 ratio s fr Re uired (usin 1.Sil ratio
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„�;
Totals 2859 N/A ,H.i 1849 N/A
' n/a = lbtal tor Site is less than I/3 acre and I50 linear teet oP impact, no miti�ation required
Total Buffer Impact for Project: 4708 square feet.
d.�...., � Q�,�
North Carollna Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 16P Mail Service Cenrer i, Raleigh, North Carolina 27699-1617
919707.9000

The project shall be constructed in accordance with your application received February 35, 3019. After reviewin� your application,
we have decided that these impacts are covered by General Water Quality Certification Number 4133. This certification corresponds
to thc Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules ( I SA
NCAC 2B.0233). In addition.. you should acquire any other federal, state or local permits before you proceed with your project
includina (but not limited to) Sediment and Erosion Control. Non-Dischar�e and Water Supply Watershed regulations. This approval
will expire with the accompanying 40d pennit.
This approval is valid solely for the purpose and desi�n described in your application (unless modified below). Should your project
change, you must notity the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of
[his Certification and approval letter, and is [hereby responsible for complying with all Nie conditions. If total wetland fills for this
project (now or in the fumre) exceed one acre, or of total impacts ro streams (now or in the future) exceed I50 linear feet,
compensatory miti�a[ion may be required as described in I�A NCAC 2H .0�06 (h) (6) and (7). Additional bufCer impac[s may require
compensatory mitigation as described in I SA NCAC 2B.0233. For this approval ro remain valid. you must adhere to the eonditions
listed in the General Certification and any additional conditions listed below.
Conditions of Cer[ifica[ion:
I. Unless otherwise approved in this certitication, 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 culvens havina a diameter less than 48 inches to allow low flow passage of water and aquatic life. Desian and
placement of culverts and other struc�ures including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, ad.jacent to or upstream and down stream oCdie above sVuctures. The
applicant is required to provide evidence that the equilibrium is being maintained if reques[ed in writing by the NCDWR. If this
condition is unable to be met due to bedrock or other limitin� features encountered during construction, please contact the NCD W R
for guidance on how to proceed and to detennine whether or not a permit modification will be required [ISA NCAC 02H.0506(b)(3)]
3. If multiple pipes or barrels are required, they shall be desi�ned to mimic natural stream cross section as closely as possible
including pipes or berrels at flood plain elevation and,'or sil Is where appropriare. W idenin� the stream channel should be avoided.
Stream channel widenin� at the inlet or outlet end of structures typically decreases water velocity causin� sediment deposition that
requires inereased maintenance and disrupts aquatic life passage. �ISA NCAC 0?H.0�06(b)Q)]
3. Riprap shall not be placed in the active thalwea channel or placed in the streambed in a manner that precludes aquatic life passa�e.
Bioengineerin�* boulders or strucwres should be properly desi�ned, sized and installed. �I SA NCAC 03H.0�06(b)(3)]
4. For any streams bein� impacted due to site dewatering activities, the site shall be :raded to its preconstruction contours and
revegetared with appropriare native species. [ISA NCAC 03H.0506(b)(3)�
5. The stream channel shall be excavated no deeper than the namral bed material oCthe sVeam, to the maximum ex[ent
practicable. Et�orts must be made to minimize impacts to the stream banks, as well as [o ve,etation responsible for maintaining the
stream bank stability. Any applieable riparian buCfer impact for access to stream channel shall be temporary and be revegetated with
native riparian species. [I SA NCAC 02H.0506(b)(2)]
6. All stormwater mnoffshall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by
thiscertification. [ISqNCAC2B.0333J
7. All riparian buffers impacted by the placement of temporary fill or clearin� activities shall be restored to the preconstruction
contours and revegetated. Maintained buffers shall bc pennanently revc�etated with non-woody species by Ihe end of the �rowin_
season followine completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the
transponation corridor that will be subject to regular NCDOT maintenanee activities includin� mowino. The area with non-maintained
buffers shall be permanenHy revegetated with native woody species before the next �rowing season following completion of
construction. [ISA NCAC 2B.0233]
8. Pursuant ro I SA NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any Neuse Buffer
without prior approval by the NCDWR. At this time, the NCDWR has approved no sedimen[ and erosion control devices in Zone
d......,�.,...� Q�,�
North Carolina Departmen[ of Envrtonmen[al Quahty . Drvision of Water Resources
512 North Sahsbury Street', 16ll Mail Service Cen[er i Raleigh, North Carolina 27699-16ll
919.707.9000

outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in
Zone 3 of the buffers provided ihat Zone I is not compromised and that discharge is released as diffuse Ilow.
9. If conerete is used during construetion, a dry work area shall be maintained to prevent direct contact between curing conerete and
stream water. Wa[er that inadvertently contaets uncured conerete shall not be discharged to surfaee waters due �o the potential for
elevated pH and possible aquatic lifc and fish kills. [ISA NCAC 03B.0200]
10. During the consvuction of the project, no sta,in, ofequipment of any kind is permitted in waters of the U.S., or protected riparian
buffers. [ISA NCAC 0211.0506(b)(3)]
I I. The dimension, pattern and profile of [he stream above and below the crossing shall not be modified. Dismrbed Ooodplains and
streams shall be restored to na[ural geomorphic conditions. [I SA NCAC 02H.0506(b)(2)]
12. Thc use of rip-rap above the Normal Ili�h Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be
placed in stream channels in such a manner that it dces not impede aquatic life passage. [I SA NCAC 02H.0506(b)(2)J
13. The Permittee shall ensure that the final desi;n drawin�s adhere to the permit and to the permi� drawings submitted for approval.
[I�A NCAC 02H .0507 (c) and ISA NCAC 031I .0506 (b)(2) and (c)(2)]
14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures fi�om [he most curren[
version of NCDOT Construction and Maintenance Activities manual such as sandbaas, rock berms. cofferdams and other diversion
structures shall be used to prevent excavation in Flowing water. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
I �. Heavy equipment shall be opera[ed tiom the banks rather than in thc stream channel in order to minimize sedimentation and
reduce the in[roduction of other pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)]
16. All mechanized equipmen[ 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. � I SA NCAC 02H.0506(b)(3)]
17. No rock, sand or other materials shall be dredged t�om the stream channel excep[ where authorized by this certification. [I SA NCAC
03 H.0506(b)(3 )]
18. Dischar�ing hydroseed mixwres and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
19. The permittee and its authorized a�onts shall conduct its activities in a manner consistent with State water qualiry standards (includino
any requiremen[s resultin� 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 beina 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. � I SA NCAC 02B.0200]
30. A copy of this Water Quality Certifica[ion shall be maintained on the constniction site a[ all times. In addition. the Wa[er Quality
Certilication and all subsequent modifications, if any, shall be maintained with the Division Eneineer and the omsite project manager.
[ I SA NCAC 031I .0>07(c) and I SA NCAC 03H .0506 (b)(2) and (c)(2)]
? I. The outside buffer, wedand or water boundary located w�ithin [he consVuc[ion corridor approved by this au[horization, including all
non-commercial borrow and waste sites associated with the project, shall be clearly marked by hi�hly visible fencing prior to any land
disturbing activities. Impacts ro areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC
03H.0501 and .0502]
22. The issuance of this certi(ication does not exempt the Permittee from complying with any and all statutes, rules, regulations, or
ordinances [hal may be imposed by other �overnment agencies (i.e. local, state, and federal) havingjurisdiction, includino but not limited
ro applicable buffer rules, stormwater management rules, soil erosion and sedimentation con[rol requirements, etc.
23. The Permittee shall report any violations ofthis certification to die Division of Water Resouroes within 24 hours of discovery. [I�A
NCAC 02B.0506(b)(Z)�
�. � Q�,�
North Carolina Departmen[ of Environmentai Quahry Drvision of Wa[er Resources
512 North Salisbury S[reet 1617 Matl Servlce Center I Raleigh, North Carolina 27699-16P
919707.9000
T

3d. Upon completion of the project (includin�, any impacts at associated borrow or waste sites), Ihe NCDOT Division En�ineer shall
complete and re[um the enclosed "Certification of Completion Form" to notify [he NCDW R when all work included in the d01 Certification
has been completed. � I SA NCAC 03H.0503(�]
25. Native riparian vegetation (ex. list herbaceous, trees, and shrubs na�ive to your geographic region) must be reestablished in the riparian
areas within the construction limits of the project by tlie end of the erowing season following completion of construction. [ISA NCAC
03B.0233(10)� &[ I SA NCAC 036.0506(b)(2)]
36. There shall be no excavation from, or waste disposal into, ,jurisdictional wetlands or waters associated with ihis permit without
appropriate modification. Should was[e or borrow sites, or access roads to waste or borrow sites, be located in wedands or streams,
compensatory mitiaation will be required since that is a direc[ impact from road construction activities. [I SA NCAC 03H.0506(b)(3) and
(c)( 3 )]
27. F.rosion and sedimen[ control practices must be in full compliance with all specifications governina [he proper design, ins[allation and
operation and maintenance of such Best Mana�ement Practices in order to protect surface waters standards �I SA NCAC 02HA�06(b)(3)
and (c)(3)]:
a. The erosion and sedimen[ control measures for the projec[ must be designed, ins[alled, operated, and maintained in
accordance with the most recent version of [he Nor��h Carolina Sediment and Erosron Coivrol PlnnnivQ nnd Desigiv
hlrnzuul.
b. The design, installation, operation, and maintenance of Ihe sediment and erosioo control measures must be such tha[ they
equal, or exceed, the requirements specified in the most recent version ofthe Nnr�h Caru/ina Seilrmen� rmd E��osrun Con�rol
hf�mucd. 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
aeeordance with the most recent version of the Nor�h Cc�rolina Su�Jcice M11rnu�K 61�mucil.
d. '1'he reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act.
38. Sediment and erosion control measures shall not be placed in wedands or surface waters, or within 5 feet of the top of bank, without
prior approval from DW R. [I SA NCAC 03H.0506(b)(3) and (c)(3)�
39. When applicable, all construction activities shall be performed and maintained in full compliance with G.S Chapter I 13A Article 4
(Sediment and Pollution Control Act of 19T). 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 wa[er quality
standards, statutes, or rules occur. �I SA NCAC 03H .0�06{b)(3) and (c)(3) and I SA NCAC 02B.0300J
30. Design, installation, operation, and main[enance of all sedimen[ and erosion conirol measures shall be equal to or excecd the
requirements specitied in the mos[ recent version of the North Cnrolinn Sedrmen! �md Erosion Con�rol Manuol. or for linear
transportation projec[s, [he NCDOT Sedimery nnd Erosion Control hleni�al.
All deviees shall be maintained on all consVuction sites, borrow sites, and waste pile (spoil) sites, including conttactor-owned or leased
borrow pits associated with the projecL Sufficient marerials required for s[abiliza[ion and/or repair of erosion control measures and
stormwater routingand treatment shall be on site at all times.
For borrow pit si[es, [he erosion and sediment control measures shall be desi�ned, installed, operated, and maintained in accordance
with the most recent version of the North Carolina Sur%'ace MrnbrR M1lnnucd. Reclamation measures and implementation shall comply
wi[h the reclamation in accordance with the requirements ofthe Sedimentation Pollution Control Act and the Mining Act oC 197 L[I SA
NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
�.. � Q�,�
North Carolina Departmen[ of Bivironmen[ai Quai�ry Divison ot Water Resources
612 North Salisbury Stree[ 1617 Mail Service Center Raleigh. North Carolina 27699-1617
919]07.9000
��

If you wish to contest any statement in [he attached Certification you mus[ file a pe[ition for an administrative hearing. You may
obtain the peti[ion form from Ihe oftice of Administrative hearings. You must file the pe[ition with [he office of Administrative
Hearings within sixq� (60) days of receipt of this notice. A petition is considered filed when it is received in the oftice of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts tilinas Monday through Friday
be[ween the hours of B:OOam and S:OOpm, escept for official state holidays. The original and one ( I) copy of the petition must be tiled
wi[h the Office of Administrative Hearin�s.
The peti[ion may be faxed-provided the ori�inal and one copy ofthe document is received by the Office of Administrative Hearings
within five (5) business days followin, the fa�ed transmission.
The mailing address Por the Office ofAdministrative Hearings is:
Office of Administrative Hearin�s
6714 Mail Service Center
Raleigh, NC 27699-671d
Telephone: [phone], Facsimile: [phone]
A copy of [he peti[ion must also be served on DEQ as follows:
Mc Bill F. Lane, General Counsel
Department of Environmen[al Quality
1601 Mail Service Center
This le[[er completes the review of the Division of Water Resources under Section 401 of the Clean Water AcL If you have any
questions, please contact Rob Ridings at 919-707-3873.
Since�
�,5�
�y Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Oftice
Heather Montague, Division 5 Emironmental Specialist
Pile Copy
....... � Q�,�
North Carolina Departmen[ of Environmentai Quaiity Division of Wa[er Resources
512 North Salisbury Street I, 1617 Mail Service Center Raleigh. North Carolina 2769}1617
919.707.9000