20050453 Ver 4_Approved 401 permit_20190520

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NCDENR
North Carolina Department of Environment and Natural resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
December 31, 2012
DWQ Project # 05-0453 Ver. 2
Lenoir County
Neuse Regional Water and Sewer Authority
Mr. Harold Herring, Executive Director
2811 Barrus Road
La Grange, NC 28551
Subject Property: Neuse Regional Water and Sewer Authority Raw Water Intake
Neuse River Basin, Neuse River [NEU 05, 27- (75.3); WS -IV, NSW, CA]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Herring:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 280 linear feet of Neuse River for the purpose of sediment removal from raw
water intake at the subject property, as described within your application dated November 7, 2012 and
received by the N.C. Division of Water Quality (DWQ) on November 26, 2012. After reviewing your
application, the proposed impacts are covered by General Water Quality Certification Number(s) 3883
(GC3883). The Certification(s) allows you to use Nationwide Permit(s) 3 when issued by the US Army
Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non -discharge regulations. Please note that the raw water intake line
has an existing utility right-of-way through the Neuse Riparian buffers. If work can be contained within
the existing right-of-way no buffer approval will be necessary. If it becomes necessary to work outside
the existing right-of-way this Office should be contacted. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet: g_yvw_ncw tergualityor
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Neuse Regional Water and Sewer Authority
Mr. Harold Herring, Executive Director
Page 3 of 4
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
downstream of the above structures. All devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources has released the project.
If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-16501
The applicant/permittee and their authorized agents shall conduct all 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 Division determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
111111111111111111111111111 111111111
County:
pF 1JV^ice
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
1,
used in the observation of the construction
compliance and intent of the 401 Water
specifications, and other supporting materials.
Signature:
1,
used in the observation of the construction
compliance and intent of the 401 Water
specifications, and other supporting materials.
Signature:
—, hereby state that, to the best of my abilities, due care and diligence was
such that the construction was observed to be built within substantial
Quality Certification and/or Buffer Rules, the approved plans and
Date:
—, hereby state that, to the best of my abilities, due care and diligence was
such that the construction was observed to be built within substantial
Quality Certification and /or Buffer Rules, the approved plans and
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction 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 construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

Water Quality Certification Number 3883 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 Quality (DWQ) Regulations in 15 NCAC 02H .0500 and 15 NCAC 0213.0200 for
the discharge of fill material to waters and wetland ennao which are waters of the United Ghshea as
described in 33 CFR 330 Appendix A(B) (3. 4. 5, O. 7, 19, 20. 22, 25, 30. 32. and 36) and
Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer
Rules) in15ANCACO28.U2OO.
The State ofNorth Carolina certifies that the specified category ofactivity will not violate
applicable portions ofSections 3O1.3O2.3O3.3DOand 3U7o[the Public Laws S2-5OUand Q5'217
if conducted in accordance with the conditions hereinafter set forth,
approval for a 401 Water Quality Certification from the Division of Water Quality (the
a. Impacts equal toorgreater than 40linear feet nfadditional permanent stream impact
(including stream relocations) Vdanexisting stream impact location; or
b. Temporary orpermanent impacts equal toorgreater than one-tenth (1/1O)ofanacre of
wetlands; or
o. Any impact associated with a NVdma of Violation or an enforcement action for |
ofDVVQWetland Rules /15ANCACO2H.O5OD\.Isolated Wetland Rules /154NCAC�7H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (1 5A NCAC
U2B.O2O0\�or
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d. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
vvahamhod with Riparian Area Protection Rules [Buffer Rules] in effect mtthe time mf
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C. Division of Coastal Management (DC[W)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If project also requires e
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Water Quality Certification No. 3883

Conditions ofCertification:
1. NnImpacts Beyond those Authorized in the Written ApprovalorBeyond the Threshold of Use
ofthis Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, inata||otion, upenadon, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project onaincorporatedbyneforencaandmreenforooab|epartsofthis
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must beinfull compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation,and maintenance ofthe sediment and erosion control
measures must bosuch that they equal orexceed the requirements specified inthe most
recent version ofthe North Carolina Sediment and Erosion Control Manual. The devices
shall bemaintained Vnall construction sites, borrow sites, and waste pile (epoi|)projects,
including contractor -owned orleased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must bedesigned,
installed, operated, and maintained in accordance with the most recent versionofMhe
North Carolina Surface Mining Manual,
'o. Reclamation measures and implementation- -
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and obznnwmherrouting and treatment shall beonsite at all times.
o. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -1, VVS-U. High C>ua|hv (HDVV). or Outstanding Resource ({}RVV)waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in15ANCACO4B.U124.Design Standards /nSensitive Watersheds.
3. NoSediment and Erosion Control Measures inWetlands orWaters
Sediment and erosion control measures shall not beplaced inwetlands orwaters.
Exceptions to this condition require application submittal to and written approval by the
Division. 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 inamanner that may result india-8quiUbriumof wetlands, stream beds, orbanks,
adjacent hoorupstream and downstream ofthe above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
doba that the Division of Land Resources (DLR) orlocally delegated program has released
the specific area within the project.
Water Quality Certification No. 3883

4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows Stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http:HiDortal.ncdenr.org/web/wg/ws/su/npdessw#tab-w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) Stormwater permit.
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
Water Quality Certification No. 3883

8. Placement ofCulverts and Other Structures inWaters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions 'including the cross section dimensions, pattern, and longitudinal
profile) must bemaintained above and below locations ofeach culvert,
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 2Opercent cf the culvert diameter for culverts having adiameter less than orequal to48
inches, hoallow low flow passage ofwater and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
tothe Division 6Udays prior tuthe installation ofthe culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
issufficient documentation ofthe presence ofbedrock. Notification tothe Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during uonmtrucbon, then
the Division shall benotified byphone oremail within 24hours ofdiscovery.
|fother site-specific topographic constraints preclude the ability tobury the culverts ea
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by. the Division ofWater Quality, regardless ofthe total impacts to
streams nrwetlands from the project.
Installation cfculverts inwetlands must ensure continuity ofwater movement and be
designed haadequately accommodate high water orflood conditions. Additionally, when
roadways, causeways, orother fill projects oreuonatruntedacmoeFE[WA+deoignoted
Ooodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result indestabilization ofstreams orwetlands.
The establishment ofnative, woody vegetationand other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
Q. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured orcuring concrete and waters ofthe state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due tothe potential for elevated pH and possible aquatic life/ fish kills.
10. Applications for hprapgroins proposed in accordance with 15ANCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15ANCAC07H .1405.
Water Quality Certification No. 3883

11. Bridge deck drains shall not discharge directly into the stream, 8hurmwatershall bedirected
across the bridge and pre-treated through site -appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.)hofonaenbahnQtheatpeam. Please refer hothe
most current version ufGbonnwmhprBest Management Practices. Exceptions to this condition
require written approval by the Division.
12. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation maybe required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal toorgreater than one (1)acre ofwetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may berequired for any project with Buffer Rules ineffect atthe time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table ofUses.
Adetermination ofbuffer, wetland, and stream mitigation requirements shall bemade for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program ora
mitigation bank. In these oaaea, proof ofpayment shall be provided to the Division before
any impacts occur onsite.
13, All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original gnade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profi|e,
and the various sites aheU be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion,
14. All temporary pipes/ culverts/ riprappadoebz shall beinstalled inall streams asoutlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
orcause dia'aquiUbhumduring use ofthis General Certification.
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areaeohaUbareathcbedbutheareadinect|yirnpaotedbytheoppnoved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and otvsennbank contours are naetonad and maintained. Placement nfrip-rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
16. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off bvwave, current action, or stream flows and consist ofclean rook or masonry
material free ofdebris ortoxic pollutants. Rip -rap shall not boinstalled |nthe ntreambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
17. Aone-time appUoahonuf(er |izertore'enteb|ishvegetaUoniea|lowedindisturbedareas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
Water Quality Certification No. 3883

18. If an environmental document is required under the National or State EnvironmentalPolicy
Act (NEPA or8EPA). then this General Certification is not valid until Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse,
10.|nthe twenty (20coastal counties, the appropriate DWQ Regional Office must bacontacted
todetermine ifCoastal ShormwmbarRegulations will berequired.
20. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
21, The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §3031d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law, |fthe Division determines that such standards orlaws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
22, When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Ro|eigh, N(|, 27609-1650�
23. Additional site-specific conditions, including monitoring and/or modeling naquirements, may
beadded tothe written approval letter for projects pnopnaedunderthiaVVater(3uo|ity
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
24. This certification grants permission to the director, an authorized representative of the
Director, orDENRstaff, upon the presentation nfproper credentials, hoenter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit, The conditions ineffect onthe date
ofissuance ofCertification for aspecific project shaUnemainineffectforthe|ifeofthep jau'
regardless ofthe expiration date ofthis Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
inrevocation ofthis General Certification for the project endmaya|aoreau|tinorimina|and/oroivi|
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it in determined
that the project is|ike|ytohaveauigniMcmntadverseeffeotuponwaterqua|ity.ino|udingstahaor
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses ofthe wetland o/downstream waters are precluded.
Water Quality Certification No. 3883

Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Waller Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
-0
Charles Wakild, P.E.
Director
History Note: Water Quality Certification (WQC) Number 3883 issued March 19, 2012 replaces
WQC Number 3667 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC
Number 3494 issued December 31, 2004; and WQC Number 3376 issued March 18, 2002, This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3883 7