20190344 Ver 1_Approval Letter_20190325

ROY COOPER
Govemo�
MICHAEL S. REGAN
se<,rm.y
LINDA CULPEPPER
Direcror
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NORTH CAROLINA
Environmenml Quality
March 35, 3019
W ake County
NC D W R Proj ect N o. 3019034d
SR 1375 at SR 1010
APPROVAL of �01 WATER QUALITY CERTIFICATION and NEUSF. RUFFER AUTHORIZATION, with ADDITIONAL
CONDITIONS
Mc Tracy Stephenson, PE, Town Engineer,
Town of Fuyuay-Varina
401 Old Hooeycutt Road
Fuquay-Varina, NC 37526
Dear Mr.Stephe�son:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of widening SR 1375
(Lake Wheeler Road) in Wake County:
Si[e
Wetland Imoacts in [he Neuse River Basin
Totai I 0.001
Total Wetland Impact for Projecr 0.001 acres.
Neuse Riparian Buffer Impacts
0.001
Si[e Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitiga[ion
s R) Re uired (usin 3:1 ra[io (s ft) Re uired usin I.S:� ratio
Totals 10888 32664 2168 3252
Total Buffer Impac[ for Yroject: 13056 square fcet.
Si[e
Total
Open Water (
Permanent Fill in
011
0.21
Total Open Water Impact for Project: 0.21 acres.
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NORh Carolina Departmen[ of Environmental Quahp- Divison of Water ResourCeS
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-16P
919.707.9000
Im acts in the Neuse River Basin
Waters (ac) Total Fill ii
Total Wetland 1

The project shall be constructed in accordance with your application received March Id, 2019. After reviewing your applieation, we
have decided that these impacts are covered by General Water Quality Certitica[ion Number 4135. This certification corresponds to
the Nationwide Permit Id iss'ued by the Corps of En,inecrs. This approval is also valid for the Neuse Riparian Buftcr Rules (liA
NCAC 2B.0333). In addition, you should acquire any other federaL state or local permits before you proceed with your project
including (but not limired to) Sediment and Erosion Convol, Non-Dischar�e and Water Supply Watershed regulations. This approval
will expire with the accompanying 40d permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project
change, you must notitj� the NCDW R and submit a new applica[ion. If the property is sold. die new owner must be given a copy of
this Certification and approval letter, and is diereby responsible for complying with all the conditions. If total wetland tills for this
project (now or in [he future) exceed one acre, or of total impacts to streams (now or in the future) exceed I50 linear feet,
compensatory mitigation may be required as described in ISA NCAC 3H .0506 (h) (6) and (7). Additional buffer impacts may require
compensatory mitigation as described in I SA NCAC 2B.0333. Por ihis- approval to remain valid, you must adhere to the conditions
listed in the General Certification and any additional conditions listed below.
Conditions of Certitication:
L Compensatory mitigation Cor impacts m I OSAB square feet of protected riparian buffers in Zone I and 3168 square feet of protwted
riparian buffers in Zone 3 shall be required in accordance with I SA NCAC 2B.0295. We understand ihat you have chosen to perform
compensatory mitigation for impacts to protected Neuse buffers throu�h purehasing credits from the Grantham Branch Buffer
Mitigation Bank, from Wildlands Holding III, LLC The Miiigation Bank owner has indicated in a letter dated March I3, 2019 [hat
they have credits available for the above-referenced project. Before any construction be�ins on this project, the permittee shall submit
to NC D W R written proof that the purchase of the credits have been completed and paid in entirety. (Credit purohase documentation
should reference DWR Project 30I9034d.)
2. Proper measures shall be taken to impact the pond with limited impact to upstreain and downstream channel stabiliry as well as to
native aquatic species. Proper measures will be taken to avoid sediment release and,'or sediment accumulation downstream as a result
of pond impacts. [15A NCAC 2H.0506(b)(3)]
3. All riparian buffers impacred by the placement of temporary fill or clearing aetivities shall be resrored to the preconstruction
contours and revegetated. Maintained buffers shall be permanently reve,etated with non-woody species by the end of the growin�
season fol lowino completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the
[ransportation corridor that will be subject [o re�ular Transportation corridor maintenance activities including mowing. The area with
non-maintained buffers shall be permanently revegetated with native woody species before the next �rowing season following
completion ofconstruction. [IS A NCAC 28.0233]
d. Pursuant to 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 [his time, the NCDWR has approved no sediment and erosion control devices in Zone I,
outside of the approved project impacts, any�vhere on this project. Moreover, sediment and erosion control devices shall be allowed in
Zone 3 of the buffers provided that Z.one I is not compromised and that discharge is released as ditTuse Flow.
5. If conerere is used during construction, a dry work area shall be maintained ro preven[ direct coo[ac[ between curino concre[e and
stream or pond warec Wa[er that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential
for elevated pH and possible aquatic life and tish kills. [I SA NCAC 02B.0300]
6. Durin� Ihe conshuction of the project, no staging of equipment of any kind is permitted in warers of the U.S., or protected riparian
buffers. [15A NCAC 02H.0�06(b)(2)]
7. The dimension, pattem and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and
streams shall be restored [o natural aeomorphic wnditions. �I SA NCAC 02H.0506(b)(2)]
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North Carolina Department of Environmental Qual�q- Division of Wa[er Resources
512 North Salisbury Street 16ll Mail Service Center Raleigh. North Carolina 276991617
919]07.9000

8. 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 aqua[ic life passage. [I SA NCAC 0?H.0506(b)(?)]
9. l�he Permittee shall ensure that the tinal desi�n drawings adhem to the permit and to thc pennit drawings submitted for approval.
[ISA NCAC 02H .0507 (c) and ISA NCAC 03H .0506 (b)(3) and (c)(3)]
I0. 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 ro prevent excavation in Flowing water. �I SA NCAC 02H.0506(b)(3) and (c)(3)]
I I. Heavy eyuipmen[ shall be operated from the banks rather [han in the stream channel in order to minimize sedimentation and
reduce the introduction of other pollu[ants into Ihe stream. [ISA NCAC 02H.0506(b)(3)]
12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of
stream waters from fuels, lubricants, hydraulic Ouids, or other toxic materials. [I SA NCAC 03H.0506(b)(3)]
13. No rock, sand or other materials shall be dredged from the stream channel escept where authorized by [his certitica[ion. [ I SA NCAC
02H.0506(b)(3)]
14. Dischargin� hydroseed mix[ures and washing out hydroseeders and other equipmen[ in or adjacent [o surface waters is prohibi[ed.
[ I SA NCAC 02H.0506(b)(3)]
I5. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (includin�
any requireinents resul[ina from compliance with $303(d) of [he Clean Water AcQ and any other appropriate requirements of State and
Federal law. If the NCDWR determines that such standards or laws are not being met (including [he failure to sustain a designated or
achieved use) or Ihat State or federal law is being violated, or that further condi[ions are necessary to assure compliance, the NCDWR
may reevaluate and modity this certification. [I�A NCAC 02B.0200]
16. A copy of this Water Quality Certitication shall be maintained on the construction site at all times. In addition, the Water Quality
Certitication and all subsequent modifications, if any, shall be maintaincd with the on-si�e project mana�er. [ ISA NCAC 02H .0507(c)
and ISA NCAC 02H .0506 (b)(3) and (c)(2)]
17. The outside buffer, weNand or water boundary located within the construction corridor approved by this authorization, including all
nomcommercial borrow and waste sites associated with the project, shall be clearly marked by hi�hly visible fencine prior to any land
disturbin� activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certitication. (ISA NCAC
03H.0501 and .0503]
18. -I�he issuance of this certification does not exempt [he Permittee fi�om complying with any and all s[a[utes, rules, regulations, or
ordinances that may be imposed by other �overnment aaencies (i.c. local, s[ate, and federal) havingjurisdiction, including but not limited
to applicable buffer rules, stormwater mana�ement rules, soil erosion and sedimentation cuntrol requirements, etc.
19. The Permittee shall report any violations of this certification ro the Division of Water Resources within 24 hours of discovery. [I SA
NCAC 03B.0506(b)(3)J
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall complete and remrn
the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in thc 401 Certihca[ion has been
completed [ISA NCAC 02H.0503(�]
21. Native riparian ve�etation (i.e. [rees and shrubs native to your �eo�raphic re�ion) must be rees[ablished in the riparian areas within the
construc[ion limits of the project by [he end oCthe �rowing season following completion of construction. [I SA NCAC 02B.0233(10)] &
[ISA NCAC 036.0506(b)(2)]
�3. 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 ro waste or borrow sites, be Ioca[ed in wedands or streams,
compcnsatory miti�ation will be required since that is a direct impact from road construction activities. [I SA NCAC 02H.0506(b)(3) and
(c)(3 )]
D_E Q�,�
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North Carolina Departmen[ of 6ivironmental Quahty Drvision of Water Resources
512 North Salisbury Stree[ 1617 Mail SeniCe Center Raleigh. North Carolina 27699�1617
919]07.9000

33. Erosion and sediment control practices must be in full complianee with all specifications governing the proper desion, installation and
operation and maintenance of such Bes� Management Practices in order to protect surface waters standards � I SA NCAC 03H.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 Ihe most recent version of [he �Nor(h C<n�olinc� Sediment emd Erosiun Cunirol Plcuv�ivR ��nd Desi,qn
hfanaal.
b. The desi�n, installa[ion, operation, and main[enance of the sediment and erosion control measures must be such that they
equal, or esceed, the requirements specified in the most recent version ofthe Nurth Cru�olrna Sediment anc(Erosion Contrul
,tlanucd. The devices shall be maintained on all construction sites, borrow sires, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associa[ed with the project.
c. For borrow pit sites, [he erosion and sediment control measures must be designed, installed, operated, and maintained in
accordance with the most recent version of the Norrh Carolinn SerrJhce Alrnirrg Manurd.
d. The reclamation measures and implementation must comply with Ihe reclamation in accordance with the requirements of
the Sedimentation Pollution Control Ac[.
24. Sediment and erosion control measures shall not be placed in wedands or surface waters, or within 5 feet of the rop of bank, without
prior approval from DWR [I SA NCAC 02H.0506(b)(3) and (c)(3)]
25. When applicable, all construction activities shall be performed and maintained in full compliance with G.S Chapter I 13A Article 4
(Sediment and Pollutio� Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropria[e Best Management Practices for the control ofsediment and erosion so that no violations oCsta[e wa[er quality
standards, statutes, or rules occur. [ISA NCAC 03H .0�06 (b)(S) and (c)(3) and I SA NCAC 02B.0300�
26. Desion, 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 Ihe Nur��h Ccu�ulina Sedinrent and Erosion Co�atrnl A-funtial. or for linear
transporta[ion projects, the NCDOT Sedinren/ iind Erosion Connvl Manucd.
All devices shall be maintained on all construc[ion si[es, borrow sites, and waste pile (spoil) sites, including contrac[oo-owned or leased
borrow pits associa[ed with [he project Sufticient materials required for stabilization and/or repair of erosion control measures and
stonnwater routing and treatment shall be on site at al I[imes.
For borrow pit sites, the erosion and sediment conirol mcasures shall be desi�ned, installed, operated, and main[ained in accordance
with Ihe most recent version of the Nur[h Ccmolinu SurJLce M1frnirrg,tlnnu�d. Reclamation measures and implementation shall comply
with the reclamation in accordance with [he requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. [IiA
NCAC 02H.0�06(b)(3) and (c)(3); GC 4I35]
Ifyou wish to contest any sta[ement in the attached Certifica[ion you tnust file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the peti�ion with the office of Administrative
Hearings wi[hin sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings durin, normal office hours. The Office of Administrative Hea[ings aceepls Iilin�S MOnd2y ChrOu�h F�idey
betwecn thc hours of 8:OOam and S:OOpm, cacept for official state holidays. The ori,�inal and one (I ) copy oithe pe[iTion must be ftled
wi[h 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 Adminis[rative flearings
within five (5) business days following the faxed transmission.
The mailina address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
7'elephone: [phone], Facsimile: [phone]
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North Carolma Department of Envuonmentai Quahty Drvision of Water Resources
512 NORh Salisbury S[reet 161� Mail Service Cenier Ralelgh. North Carolina 27699d6ll
919.707.9000
�

A copy of the petition mus[ also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
I601 Mail Service Cen[er
This letter completes the review of [he Division of Wa[er Resources under Sec[ion 401 of the Clean Water Act. If you have any
ques[ions, please con[ac[ Rob Ridings at rob.ridin��ncdenr.eov or 919-707-3873.
�cerely, ����
/�^r`'� / / >
/,�, Linda Culpepper, Direc[or
� Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Sean Clark, Sage Ecological Services, Inc
Ka[ie Merritt, NC DWR 401 & Buffer Permitting
lan M. Hazelhoff, Wildlands Holdings
File Copy
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North Ca�olina Department of Environmen[al Quahry Division of Water Resources
512 North Salisbury Street'�. 1617 Mail Service Center � Raleigh. North Carolina 27699-1617
919707.9000
�

ROY COOPER
Govemor
MICHAEL S. REGAN
Secrefary
LINDA CULPEPPER
Direcror
NORTH CAROLINA
Environmental Quality
NCDWR Projec[ No.: _ County:
Applicant _
Project Name:
Da[c of Issuance of a01 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the d01 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum [his certificate to [he 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 37699-1617. �I�his form
may be returned to NCDWR by the applicant, [he applicant s authorized agent, or the project engineer. It is not
necessary [o send certitica[es from all of these.
.4pplicnnl's Certificnlio�r
I, , hereby state that, to the best of my abilities, due care and dili�ence
was used in Ihe observation of the construction such that the construction was observed to be built within substantial
compliance and in[ent ofthe 401 Water Quality Certification and Buffer Rules, [he approved plans and
specifications, and other supportin� materials.
Signature: _ Dare:
AgeirYs Certifrcafron
1, , hereby state that, to the best of my abilities, due care and dili�ence
was used in the observation of the construction such that [he constn�ction was observed ro be built within substantial
compliance and intem of the d01 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Si«nature: _
Engineer's Certifieulion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the constniction 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
consiruction such that the construetion was observed to be built within substantial compliance and intent of the 401
Water Quality Certitication and But�ter Rules, the approved plans and specifications, and other supportina materials.
Signature
Date
o���,�.�,—��: Q��
Registration No.
Nor[h Carolina Depar[ment of Environmental Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 276'19-16q
9197079000