20181598 Ver 1_Approval Letter_20190403

Environmen tal
QUQ�IC}�
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Emironmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
April 3, 2019
ROY COOPER
Gorernor
MICHAEL S. REGAN
Secretnrr
LINDA CULPEPPER
Drceclnr
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS for the proposed Havelock Bypass in
Craven Counry, TIP R-1015.
NC D W R Project No. 20181598
Dear Mr. Harris:
Attached hereto is a copy of Certification No. 004178 issued to The North Carolina Department of Transportation
(NCDOT) dated April 3, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
L n a Culpe� erim D�r �� \
D �sion of Water Resources
Attachmen[s
Electronic copy onty distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Amanetta Somerville, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Stephen Lane, NC Division of Coastal Managemen[
Ca[hy Brittingham, NC Division of Coastal Management
Beth Harmon, Division of Mitiga[ion Services
Garcy Ward, NC Division of Water Resources, Washington Regional Oftice
File Copy
S[are of Nonh Carolina I Environmental Qualiry
1617 Mail Service Center I Raleigh, North Carolina 2 7699-1 61 7

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER AUTHORIZATION with ADDITIONAL CONI)ITIONS
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 2H .0500 and 15A NCAC 2B.0233. This certification authorizes the NCDOT to impact 122.48 acres
of jurisdictional wetlands, 3,510 linear feet of stream, and 267,001 square feet of riparian buffer in Craven County.
The project shall be constructed pursuant to the application dated received November 20, 2018. The authorized
impacts are as described below:
Wetland Im acts in the Neuse River Basin
Site Wetland Type Fill Fill Excavation Mechanized Hand Total
(ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact
ac
1 non-riparian 0.57 -- 0.33 0.26 -- 1.16
2 non-riparian 2.68 -- 1.65 0.73 -- 5.06
3 non-riparian 25.91 -- 0.32 3.10 -- 29.33
4 non-riparian 1.53 -- -- 0.09 -- 1.62
5 non-riparian 0.10 -- 0.06 0.07 0.08 0.31
6 non-riparian 5.17 -- -- 037 -- 5.54
7 non-riparian 2.56 -- -- 0.33 -- 2•g9
g riparian 0.02 -- -- <0.01 -- 0.02
9 riparian 4.90 -- -- 0.64 3.95 9.49
10 non-riparian 6.69 -- -- 0.55 -- �•24
11 non-riparian 2.82 -- -- 0.21 -- 3.03
12 non-riparian 2.46 -- <0.01 0.16 -- 2•62
13 non-riparian 6.85 -- -- 037 -- �•22
14 riparian 0.83 -- -- 0.16 -- 0.99
15 riparian 032 -- -- 0.03 -- 0.35
16 riparian 2.42 -- -- 0.22 -- 2.64
17 riparian 0.04 -- 0.01 0.01 -- 0.06
17A riparian -- 0.05 -- -- 0.01 0.06
1 g non-riparian 0.98 -- 0.02 0.10 -- 1.1
18A non-riparian -- 0.15 -- -- 0.03 0.18
19 riparian 0.09 -- -- 0.05 -- 0.14
2� non-riparian 1.46 -- 0.10 0.18 -- 1.74
21 non-riparian 0.55 -- 0.22 0.08 -- 0.85
21A non-riparian -- 0.25 0.11 -- 0.12 0.48
22 riparian 0.86 -- -- 0.12 -- 0.98
23 riparian 1.03 -- -- 0.15 3.05 4.23
24 non-riparian 0.74 -- 0.04 0.06 -- 0.84
25A non-riparian 1.80 -- 0.10 0.12 -- 2•�2
25B non-riparian <0.01 -- -- <0.01 -- �
26 non-riparian 0.48 -- <0.01 -- 0.11 0.59
27 non-riparian 0.79 -- 0.05 -- 0.07 0.91
28A non-riparian 0.01 -- -- -- 0.02 0.03
28B non-riparian <0.01 -- -- -- 0.02 0.02
29 non-riparian 0.03 -- 0.07 -- 0.04 0.14

Site Wetland Type Fill Fill Excavation Mechanized Hand Total
(ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact
ac
30 non-riparian 0.27 -- -- -- 0.04 0.31
31 non-riparian 2.23 -- 0.07 -- 0.31 2.61
32 non-riparian 0.56 -- -- 0.15 -- 0.71
33 non-riparian <0.01 -- -- 0.01 -- 0.01
34 non-riparian 0.18 -- -- <0.01 -- 0.18
35A non-riparian 5.49 -- -- 0.77 -- 6.26
35B non-riparian 0.71 -- -- 0.11 -- 0.82
36A non-riparian 0.79 -- -- 0.15 -- 0.94
36B non-riparian 0.50 -- 0.02 0.05 -- 0.57
37 non-riparian 3.43 -- 0.01 0.50 -- 3.94
38A non-riparian 0.49 -- -- 0.03 -- 0.52
38B non-riparian 0.30 -- -- 0.06 -- 0.36
39 riparian 2.99 -- 0.07 0.20 -- 3.26
40 non-riparian 5.38 -- 0.12 0.78 -- 6.28
41 riparian 0.03 -- -- 0.12 -- 0.15
42 riparian 0.01 -- 0.04 0.06 -- 0.11
43 riparian <0.01 -- 0.01 0.04 -- 0.05
44 non-riparian 0.24 -- 0.02 0.09 -- 0.35
45 riparian 0.35 -- -- 0.12 -- 0.47
45A riparian -- 0.51 -- -- 0.19 0.7
46 riparian -- -- -- -- -- �
47 riparian -- -- -- -- -- 0
Total 98.64 0.96 3.44 11.4 8.04 122.48
Total Wetland Impact for Project: 122.48 ac
Stream Im acts in the Neuse River Basin
Permanent Temporary Total Stream Stream Impacts
Site Type ��inear ft) (linear ft) Impact Requiring 1Vlitigation
linear ft linear ft
14 P 338 56 394 338
16 P 201 59 260 na
17 P 130 89 219 na
19 P 261 44 305 na
22 I 584 61 645 na
39 P 655 116 771 655
39 I 330 '-- 330 na
41 P 49 57 106 na
42 P 20 12 32 na
43 P 42 10 52 na
44 P 122 11 133 na
45 P 116 99 215 na
46 I 10 16 26 na

Permanent Temporary Total Stream Stream Impacts
Site Type ��inear ft) (linear ft) Impact Requiring Mitigation
linear ft linear ft
47 I 12 10 22 na
Total 2,870 640 3,510 993
Total stream impact = 3,5101inear feet
na= intermittent stream or < 3001f of impact, no mitigation required.
Neuse Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 .;, Zone 2 minus = Zone 2 Zone 2
Impact Wetlands Buffers (not Buffer : Impact Wetlands Buffers (not Buffer
(sq ft) in Zone 1 wetlands) Mitigation `;Ji (sq ft) in Zone 2 wetlands) Mitigation
(sq ft) (sq ft) Required (sq ft) (sq ft) Required
(using 3:1 � �;� (using 1.5:1
ratio ratio
1 11,874 10,205 1,669 na' ���; 8,173 4,401 3,772 nai
2 21,342 16,436 4,906 14,718 =:�� 12,842 8,032 4,810 7,215
3- RCP 20,168 13,792 6,376 19,128 '�� 13,088 5,982 7,106 10,659
3- detour 4,312 2,557 1,755 na2 �� 2,113 65 2,048 naz
4 17,227 5,905 11,322 33,966 =y 9,603 0 9,603 14,405
5 11,674 11,674 0 na' =._4 7,869 7,869 0 nal
6 55,373 28,173 27,200 81,600. `�� 29,278 13,252 16,026 24,039
7 417 0 417 na3 ��=� 0 0 0 na3
8. 3,321 2,579 742 na3 �� 1,827 1,029 798 na3
9- RCP 12,648 11,961 687 2,061 �:; 6,275 4,487 1,788 2,682
9- detour 5,555 5,554 1 naz :' 4,250 4;250 0 naz
10 5,656 5,079 577 na3 ��� 2,116 808 1,308 na3
Total 169,567 113,915 55,652 151,473 =`� 97,434 50,175 47,259 59,000
l otal ifuiier lmpact = Z67,UU1 square ieet
na' = allowable impacts associated with bridge, mitigation not required
na2 = allowable impacts associated with temporary road, mitigation not required
na3 = impacts < 1/3 ac, mitigation not required
The application provides adequate assurance that the discharge of fill material into wetlands and waters of the Neuse
River Basin 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 received
November 20, 2018 and additional information received March 13, 2019 and Apri12, 2019. 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). 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.

Condition(s) of Certi�'cation:
Project Specific Conditions
Compensatory mitigation for 993 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams 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 a letter dated November 20, 2018 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.
2. Compensatory mitigation for impacts to 113.5 acres of wetlands (15.94 ac riparian, 98.15 ac non-riparian) is
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 a letter dated November 20, 2018 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. The revised application submitted Apri12, 2019 showed a change in wetland impacts from mechanized clearing
to hand clearing between Stations 338+00 to 393+00 as agreed upon in the project commitments. It is
understood that a revised DMS acceptance letter is forthcoming to reflect the resulting decrease of 0.6 ac in
permanent impacts. This resulted in a change of total required wetland mitigation from 114.1 ac to 113.5 ac.
Compensatory mitigation for impacts to 50,491 square feet of protected riparian buffers in Zone 1 and 39,333
square feet of protected riparian buffers in Zone 2 shall be required. Refer to the buffer impact table for
mitigation totals. We understand that you have ehosen 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 a letter dated November 20, 2018
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.
Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact
area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas
temporarily impacted at Site 2. This update shall be conducted two growing seasons after completion of the
work at Site 2 and shall consist of photographs and a brief report on the progress of the areas in re-attaining
wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall schedule an
agency field meeting with the NCDWR to determine if the wetland areas temporarily impacted by this project
have re-attained jurisdictional wetland status. If the wetland areas temporarily impacted by this project have not
re-attained jurisdictional wetland status, the NCDWR shall determine if compensatory wetland mitigation is to
be required. [15A NCAC 02H:0506(c)(2)] �
General Conditions
6. 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.
7. The Permittee shall ensure that the iinal 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)]
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 geater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to
allow low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered

during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a
permit modification will be required. [15A NCAC 02H.0506(b)(2)]
9. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMI' 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)]
11. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC
02B.0200]
12. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible�fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC
02H.0501 and .0502]
13. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
14. 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)]
15. 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)]
16. Channel relocations shall be completed and stabilized, and approved on site 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)
17. 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]
18. 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.
19. 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.
20. 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. •
21. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-11,
High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion
control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in
Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
24. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures.
All sediment and erosion control devices shall be removed from wetlands and waters and the natural grade
restored within two (2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR)
or locally delegated progam has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
25. 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.
26. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished iri 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)]
27. 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)] ,
28. 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. [15A NCAC 02H .0506(b)(3)]
29. 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. This condition can be waived with prior approval from
the NCDWR. [15A NCAC 02H .0506(b)(3)
30. 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)]
31. 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 including woody species. [15A NCAC 02H .0506(b)(2)]
32. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact
area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas
temporarily impacted by the temporary on-site detour at Sites 3 and 9. This update shall be conducted two

growing seasons after completion of the work and shall consist of photographs and a brief report on the progress
of the areas in re-attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the
permittee shall schedule an agency field meeting with the NCDWR to determine if the wetland areas
temporarily impacted by this project have re-attained jurisdictional wetland status. If the wetland areas
temporarily impacted by this project have not re-attained jurisdictional wetland status, the NCDWR shall
determine if compensatory wetland mitigation is to be required. [15A NCAC 02H.0506(b)(2) and (b)(3)]
33. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0233)
34. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0233(6)]
35. 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)]
36. Any rip-rap required for proper culvert placement, stream stabilization or restoration of temporarily disturbed
areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be
placed such that the original stream elevation, and streambank contours are restored and maintained. Placement
of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H.0506(b)(2)]
37. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by
wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic
pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control
and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H.0506(b)(2)]
38. 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)]
39. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
40. 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)]
41. 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)]
42. Native riparian vegetation 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 02H.0506(b)(2)]
43. 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. (15A NCAC 2B.0233)
44. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
45. 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)]

46. 7'he 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 o[her 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 ro assure compliance, the NCDWR may
reevaluate and modify this certification. [15A NCAC 02B.0200]
47. 7'he Permittee shall report any violations ofthis certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(bx2)l
48. 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(�]
49. A copy of this Water Quality Certification shall be maintained on the conslruction 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 (bx2) and
(�XZ)l
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. 7'his Certification shall become null and void unless the above conditions are made
conditions of the Fedenl 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish ro contest any statement in the attached Certification you must file a petition for an administrative
heazing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Heazings 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 tivough Friday between the hours of 8:OOam and S: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 [he Office of
Administrative Hearings within five (5) business days following the fa�ced Uznsmission.
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: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Depardnent of Env'vonmental Quality
1601 Mail Service Center
This the 3rd day of April 2019
D[VIS[ON OF WATER RESOURCES
� � t
� +
Li ulpepper, Direc r
WQC No. 004178

�
,
Environmer� tul
QUQ�IrY
NCDWR Project No.:
Applicanr
Project Name:
Da[e of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved wi[hin the 401 Wa[er Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to remm 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 retumed to NCDWR by the applicant, the applicant's authorized agent, or the project engineec lt is not
necessary to send certificates from all of these.
ApplicanPs Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the wnstruction 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
specifica[ions, and other supporting materials.
Signature: Date:
AgenPs Certifieation
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the consvuction 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 Certifreation
Partial Final
COUOIy:
ROY COOPER
Gorernw�
MICHAEL S. REGAN
secremrr
L[NDA CULPEPPER
Orrec�or
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the constraction of the project,for the
Permittee hereby state thak 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
S[are of North Camlina I Emimnmenial Quality
1617 Mail Servfce Center I Ralefgh, North Carolina 27699-I617