20190349 Ver 1_Approval Letter_20190416

DocuSign Envelope ID: 67C073E2-CD01-486E-8AFB-7DE96256E1A0
ROY CQOPER
covernor
aVIICHAEL S. REGAN
SCCrefary
LITdDA CULFE6'PER
Director
NORTH CAROLINA
Environmental Quality
April 16, 2019
Craven County
NCDWR Project No. 20190349
TIP U-5993
APPROVAL of NEUSE BUFFER AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS
Ms. Elizabeth Workman-Maurer
NCDOT, Division 2
1037 W.H. Smith Blvd.
Greenville, NC 27835
Dear Ms. Warkman-Maurer:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
constructing a roundabout at the intersection of NC 55 (Neuse Blvd) and SR 1395 (Dr. M.L. King Jr. Blvd) in New
Bern in Craven County:
Buffer Im acts in the Neuse River Basin
Zone 1 Zone 2
Site Zone 1 Mirigation Zone 2 Mitigation
(sq ft) required (sq ft) Required
(3:1 ratio) (1.5:1 ratio
1-allowable 1090 na 586 na
1-mitigable 821* 2463 1082* 1623
Total 1.911 2.463 1.668 L623
Total Buffer Impact = 3,579 square feet
*= road impacts other than crossings, mitigation required
The project shall be constructed in accordance with your application dated received March 19, 2019. This approval
is valid for the Neuse Riparian Buffer Rules (l SA NCAC 2B.0233). In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modiiied below).
Should your project change, you must notify the NCDWR and submit a new application. lf 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. Additional buffer impacts may require compensatory mitigation as described in 15A NCAC
2B.0233. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s)
and any additional conditions listed below.
Condition(s) of Certification:
1. The issuance of this cerrification does not exempt the Pennittee 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.
2. 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 1 SA NCAC 02H .0506 (b)(2) and (c)(2)]
D���� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street � 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
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DocuSign Envelope ID: 67C073E2-CD01-486E-8AF6-7DE96256E1A0
Compensatory mitigation for impacts to 821 square feet of protected riparian buffers in Zone 1 and 1,082 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 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 a letter dated March 13, 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.
4. 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]
5. 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)]
6. 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)]
7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15ANCAC 02H.0506(b)(3)]
8. 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 incorparate 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]
a. 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.
b. 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.
c. 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.
d. 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]
9. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without priar approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
10. Erosion control matting in riparian areas shall not contain a plastic or 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.0201 ]
11. 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

DocuSign Envelope ID: 67C073E2-CD01-486E-8AF6-7DE96256E1A0
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
12. 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)]
13. 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.
14. 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 2BA259)
15. 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)
16. 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)]
17. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO1000.
18. 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 02B.0506(b)(2)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
20. The pernuttee and its autharized 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) ar that State ar federal law is being
violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [ 15A NCAC 02B.0200]
21. 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)]
22. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete the "Certification of Completion Form" to notify the NCDWR when all work included in
the 401 Certification has been completed. [ 15A NCAC 02H.0502( fl]
24. A copy of this Approval shall be maintained on the construction site at all times. In addition, the Approval 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)]

DocuSign Envelope ID: 67C073E2-CD01-486E-8AF6-7DE96256E1A0
If you wish to contest any statement in this approval 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 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 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 letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone]or [e-mail].
Sincerely,
DocuSigned by:
� C�lA.PW1.l.UA.
9C98 6312DCD474...,
Linda Cu pepper, Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, NCDOT, Division 2
Beth Harmon, Division of Mitigation Services
Joshua Kotheimer, STV Engineeers, Inc., joshua.kotheimer@stvinacom
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy