HomeMy WebLinkAbout20190214 Ver 1_Approval Letter_20190708DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 8, 2019
Jim Rerko, Project Development and Environmental Analysis Engineer
Division 6
1000 Transportation Drive
Fayetteville, NC 28302
Subject:401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse
Buffer Permit with ADDITIONAL CONDITIONS for Proposed improvements to widen I-95 to eight lanes
from Murphy Road (SR 1832/Exit 55) to I-40 (Exit 81) in Cumberland, Harnett and Johnston Counties, State
Project No. WBS 47532.1.2 and 47532.1.3, STIP No. I-5986.
NCDWR Project No. 20190214
Dear Mr. Rerko:
Attached hereto is a copy of revised Certification No. WQC004187 issued to The North Carolina Department of
Transportation (NCDOT) dated July 8, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
IDocuSigned by:
Q* pYK AA.
Linda �uppp' e c er'4 Director
Division of Water Resources
Attachment
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Greg Price, Division 6 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Chris Militscher, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
Noana GwauNn
oMwbmdofEW—v1OnifiV /"� 910.796.7215
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse Buffer
rules, with ADDITIONAL CONDITIONS
THIS CERTIFICATION rescinds the previous issued certification dated June 30, 2019 and reissues the
certification 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 213 .0233. This certification authorizes the NCDOT to impact 16.590 acres of jurisdictional
wetlands, 6,283 linear feet of jurisdictional streams in Cumberland, Harnett and Johnston Counties and 90,270
square feet of protected riparian buffers in Johnston County. The project shall be constructed pursuant to the
application dated received February 19, 2019. The authorized impacts are as described below:
SECTION 1 (I-5877) Stream Impacts in the Cape Fear River Basin
Site
Station
NRTR
Permanent
Temporary
Permanent
Temporary
Total
Stream
Label
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream (linear
Stream
Stream
(linear
Mitigation
(linear ft)
ft)
(linear ft)
(linear ft)
ft)
(linear ft)
1
800+95 to 801 +38-L-RT
SC
44
44
N/A
Drainage Ditch
3
801+10 to 803+74-L
SI
121
19
140
N/A
42" Pipe
5
816+14 to 816+28-L-RT
SA
8
10
18
N/A
54" Pipe
Outlet Channel
SA
23
23
N/A
5A
11 +04 to 11 +40 SR7-LT
SA
24
24
N/A
Roadway Fill
6
18+84 to 18+94-Y22-RT
SC
10
10
N/A
Bank Stabilization
7
20+15 to 20+39-Y22-RT
SB
18
18
36
N/A
Drainage Ditch
7A
46+22 to 47+34-Y12
SB
44
44
N/A
60" Pipe
Inlet Bank Stabilization
SB
20
10
30
N/A
Outlet Channel
SB
36
17
53
N/A
7B
1+84 to 13+35-Y1RPD-
SB
113
11
124
N/A
RT
Roadway Fill
8
844+71 to 845+24-L-RT
SD
33
33
N/A
Pipe Removal
8A
849+47 to 849+75-L-RT
SD
9
9
N/A
Pipe Removal/Ditch
Outlet Channel
SD
22
22
N/A
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
Site
Station
NRTR
Label
Permanent
Fill in
Intermittent
Stream
(linear ft)
Temporary
Fill in
Intermittent
Stream (linear
ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(linear ft)
Total
Stream
Impact
(linear
ft)
Stream
Impacts
Requiring
Mitigation
(linear ft)
8B
38+92 to 39+04-SR7
Pipe Removal/Ditch
SD
18
16
34
N/A
Channel Realignment
SD
14
14
N/A
9
855+32 to 859+66-1-
9' x 8' RCBC
SC
98
44
142
98
Inlet Channel
SC
56
19
75
56
Outlet Channel
SC
185
25
210
185
10
875+41 to 875+82-1-
60" Pipe
SE
105
47
152
N/A
Inlet Channel
SE
41
41
N/A
Outlet Channel
SE
34
13
47
N/A
10A
4+58 to 15+95 Y13RPB-L
36" Pipe
SE
47
47
N/A
Outlet Channel
SE
20
20
40
N/A
Utility
SE
59
59
N/A
10B
21+71 to 22+25-DR5-RT
Roadway Fill
SE
40
40
N/A
Channel Realignment
SE
15
15
N/A
11
22+10 to 22+55 DR5
9' x 8' RCBC
SF
39
39
N/A
Inlet Channel
SF
38
29
67
N/A
Outlet Channel
SF
29
10
39
N/A
11A
19+83 to 21+03-Y13
8' x 7' RCBC
SF
8
8
N/A
Inlet Channel
SF
40
12
52
N/A
Outlet Channel
SF
42
10
52
N/A
Utility
SF
22
22
N/A
11 B
898+13 to 899+23-1-
60" Pipe
SF
34
34
N/A
Inlet Channel
SF
20
13
33
N/A
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
Site
Station
NRTR
Permanent
Temporary
Permanent
Temporary
Total
Stream
Label
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream (linear
Stream
Stream
(linear
Mitigation
(linear ft)
ft)
(linear ft)
(linear ft)
ft)
(linear ft)
Outlet Channel
SF
25
12
37
N/A
20
14+00 to 14+95-SR9
SH
72
72
N/A
72" Pipe
Inlet Channel
SH
21
11
32
N/A
Outlet Channel
SH
25
13
38
N/A
458
148
1007
438
2051
339
Total
SECTION 1 Total Stream Impact for Project: 2051 linear feet
SECTION 1 I-5877) Wetland Impacts in the Cape Fear River Basin
Station
NRTR
Fill
Fill
Excav
Mechanized
Hand
Area
Total
Label
(Perm)
(Temp)
-ation
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
2
795+73 to 796+99- L-LT
W D
0.111
0.051
0.162
Roadway Fill
4
811 +37 to 814+11 -LT-RT
WE
0.046
0.048
0.094
Roadway Fill
11
22+10 to 22+55-DR5
WF
0.001
0.012
0.013
Inlet Channel
12
22+75 to 30+68- DR5
WF
0.619
0.089
0.218
0.926
Roadway Fill
14
36+49 to 37+33- SR9-LT
WB
0.004
0.005
0.019
0.028
Roadway Fill
Utility
0.026
N/A
16
17+24 to 17+95- Y24-RT
WC
0.008
0.008
Roadway Fill
Utility
0.018
N/A
20
14+00 to 14+95- SR9
WA
0.080
0.010
0.041
0.131
72" Pipe
0.860
0.156
0.346
0.044
1.362
Total
SECTION 1 Total Wetland Impact for Project: 1.362 acres.
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 1 (I-5877) Open Water Impacts in the Cape Fear River Basin
Site
Station
NRTR
Label
Permanent Fill in
Open Waters (ac)
Temporary Fill in Open
Waters (ac)
Total Fill in Open Waters
(ac)
5A
11 +04 to 11 +40 S R7-LT
Pond
PA
0.182
0.182
10C
14+54 to 15+23-SR8-LT
30" Pipe
OWD
0.003
0.003
48" Pipe
OWD
0.003
0.003
Outlet Channel
OWD
0.001
0.001
15
16+32 to 16+62- Y24-RT
Outlet channel
OWA
0.006
0.002
0.008
17
913+16 to 919+91 -L-RT
Roadway fill
OWB
0.101
0.101
18
23+67 to 24+00 Y24-RT
Roadway fill
OWB
0.003
0.001
0.004
Utility
OWB
0.001
0.001
19
15+51 to 19+93 Y13-LT
66" Pipe
OWE
0.010
0.002
0.012
Bank Stabilization
OWE
0.004
0.004
Channel Realignment
OWE
0.051
0.051
Total
0.361
0.009
0.370
SECTION I Total Open Water Impact for Project: 0.370 acres.
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 2 (I-5878) Stream Impacts in the Cape Fear River Basin
Site
NRTR
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
Label
(Type impact)
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermitten
Perennial
Perennial
Impact
Requiring
Stream
t Stream
Stream
Stream
(linear
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
ft)
(linear ft)
1
SB
21 +77 to 22+34-Y14RPB
140
140
N/A
Roadway Fill
1A
SB
15+48-NBCD
157
157
N/A
Roadway Fill
113
SA
21+04 to 22+11-Y14RPB
35
35
N/A
Roadway fill
2
SD
1035+24 to 1036+18-L-LT
101
101
N/A
Roadway Fill
5
Stoney
1041 +00 to 1043+91 -L
208
208
N/A
Run
35
606
641
Total
Total Stream Impact for Project: 641 linear feet
SECTION 2 (I-5878) Wetland Impacts in the Cape Fear River Basin
Site
NRTR
Station
Fill
Fill
Excavation
Mechanized
Hand
Area
Total
Label
(Type Impact)
(ac)
(Temporary)
(ac)
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
3
WBH
1038+02 to 1045 -
0.564
0.564
46-L-RT
Roadway Fill
4
WBG
1038+70 to 1045+26
0.749
0.749
-L-RT
Roadway Fill
6
W B
17+58 to 19+60-
0.498
0.498
S R9A
Roadway Fill
1.811
1.811
Total
Total Wetland Impact for Project: 1.811 acres.
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 3 (I-5883) Stream Impacts in the Cape Fear River Basin
Site
NRTR
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
Label
(Type Impact)
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream
Stream
Stream
(linear
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
ft)
(linear ft)
1
SIB
1075+84 to 1077+41-L-LT
65
65
N/A
Roadway Fill
2
SC
44+86 to 48+09-SR13
329
329
N/A
Roadway Fill
3
SA
22+04 to 27+47-Y16RPC
582
582
582
Roadway Fill
5
SG
32+96 to 33+11-SR15-RT
12
12
N/A
Roadway Fill
6
SG
34+52 to 35+60-SR15RT
ill
111
N/A
Roadway Fill
7
SH
37+43 to 37+61 -SR1 5-RT
29
29
N/A
Roadway Fill
8
SK
85+45 to 88+88-SR15-RT
38
38
N/A
Roadway Fill
10
SI
69+06 to 69+34-SR16
106
106
N/A
Roadway Fill
12
SI
10+37 to 12+14-Y17RPA-
100
100
N/A
RT
Roadway Fill
13
SE
53+57 to 54+92-SR13
167
167
N/A
Roadway Fill
602
937
1539
582
Total
Total Stream Impact for Project: 1539 linear feet
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 3 (I-5883) Wetland Imuacts in the Caoe Fear River Basin
Site
NRTR
Station
Fill
Fill
Excava
Mechanized
Hand
Area
Total
Label
(Type Impact)
(ac)
(temporary)
-tion
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
1
W B
1075+84 to 1077+41-L-
0.045
0.045
LT
Roadway Fill
4
WA
24+21 to 24+83-Y16RPC-
0.017
0.017
LT
Roadway Fill
8
WK
85+45 to 88+88-SR15-RT
0.223
0.223
Roadway Fill
9
WG
52+29 to 55+07-SR16-LT
0.263
0.263
Roadway Fill
11
WE
17+23 to 19+17-Y17RPC-
0.087
0.087
RT
Roadway Fill
12
WI
10+37 to 12+14-Y17RPA-
0.094
0.094
RT
Roadway Fill
14
WJ
12+67 to 13+62-Y26-RT
0.051
0.051
Roadway Fill
15
W K
12+67 to 13+62-Y26-LT
0.126
0.126
Roadway Fill
16
WD
24+28 to 24+55-Y17RPB-
0.009
0.009
LT
Roadway Fill
0.915
0.915
Total
Total Wetland Impact for Project: 0.915 acres.
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 4 (I-5986B) Stream Impacts in the Caoe Fear and Neuse River Basins
Site
NRTR
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
Label
(Type Impact)
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream
Stream
Stream
(linear
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
ft)
(linear ft)
2
Mingo
1252+25 to 1263+87-
186
186
N/A
Swamp
L-RT
Roadway Fill
4
SM
1284+24 to 1285+34-
48
48
N/A
L-RT
Roadway Fill
5*
Hannah
1316+85 to 1317+00-
64
64
N/A
Creek
L-RT
Roadway Fill
6*
SO
1344+69 to 1346+45-
192
192
192
L-LT
Roadway Fill
6A*
SO
1347+18 to 1349+60-
174
174
174
L-RT
Roadway Fill
6B*
SO
16+70 to 17+70-
28
28
28
Y18RPD-LT
Roadway Fill
8*
Driving
1387+79 to 1391+45-
69
69
N/A
Branch
LOLT
Roadway Fill
11 *
SQ
1387+71 to 1380+96-
162
162
N/A
L-LT
Roadway Fill
64
859
923
394
Total
SECTION 4 Total Stream Impact for Project: 923 linear feet (Cape Fear 234; Neuse 689)
*Indicates Neuse River Basin
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 4 (I-5986B) Wetland Impacts in the Cape Fear and Neuse River Basins
Site
NRTR
Station
Fill
Fill
Excava
Mechanized
Hand
Area
Total
Label
(Type Impact)
(ac)
(temporary)
-tion
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
1
WBK
1252+48 to 1265+96-L-
1.501
1.501
LT
Roadway Fill
3
WBJ
1260+08 to 1260+65-L
0.778
0.778
Roadway Fill
4
WBL
1284+24 to 1285+34-L-
0.010
0.010
RT
Roadway Fill
7*
WBP
1375+48 to 1376+00-L-
0.003
0.003
RT
Roadway Fill
9*
WBS
1387+79 to 1391+45-
0.096
0.096
LOLT
Roadway Fill
10*
WBR
1391+47 to 1392+78-L-
0.056
0.056
RT
Roadway Fill
2.444
2.444
Total
SECTION 4 Total Wetland Impact for Project: 2.444 acres. (Cape Fear 2.289; Neuse 0.155)
*Indicates Neuse River Basin
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
SECTION 4 (1-5986B) Neuse Riparian Buffer Impacts
Site
Station)
Zone l
minus
= Zone 1
Zone 1
Zone 2
minus
= Zone 2
Zone 2
(Type Impact)
Impact
Wetlands
Buffers
Buffer
Impact
Wetlands
Buffers
Buffer
(sq ft)
in Zone 1
(not
Mitigation
(sq ft)
in Zone 2
(not
Mitigation
(sq ft)
wetlands)
Required
(sq ft)
wetlands)
Required
(sq ft)
(using 3:1
(sq ft)
(using
ratio)
1.5:1
ratio)
5**
1316+27 to
4,419
N/A
4,419
N/A
5,255
N/A
5,255
*N/A
1317+54-L
Roadway Fill
6
1344+24 to
14,343
N/A
14,343
43,029
12,530
N/A
12,530
18,795
1346+94-L-LT
Roadway Fill
6A
1347+68 to
13,546
N/A
13,546
40,638
10,120
N/A
10,120
15,180
1350+09-L-RT
Roadway Fill
6B
16+61 to 17+96-
3,684
1,638
2,046
11,052
2,921
899
2,022
4381.5
Y18RPD-LT
Roadway Fill
7**
1375+82to
N/A
N/A
688
N/A
688
*N/A
1376+60-L-RT
Roadway Fill
8**
1389+73 to
6,599
4,428
2,171*
*N/A
3,531
1,302
2,229
*N/A
1391+85-L
Roadway Fill
ll**
1387+21 to
8,639
77
8,562
*N/A
3,995
N/A
3,995
*N/A
1389+73-L-LT
Roadway Fill
51,230
94,719
39,040
38,356.5
Total
Total Buffer Impacts for Project: Zone 194,719 square feet; Zone 2 38,356.5 square feet.
* n/a Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
** Allowable Buffer Impacts
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
(I-5986 A ) Stream Impacts in the Cape Fear River Basin
Site
NRTR
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
Label
(Type Impact)
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermitten
Perennial
Perennial
Impact
Requiring
Stream
t Stream
Stream
Stream
(linear ft)
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
3
SB
94+37 to 100+20-L-RT
38
38
N/A
Roadway Fill
10
Baker
198+56 to 203+79-L-RT
70
70
N/A
Swamp
Roadway Fill
11
Baker
11+89 to 23+93-Y5RPC-RT
63
63
N/A
Swamp
Roadway Fill
13
SC
251 +91 to 253+32-L
116
116
N/A
Roadway Fill
15
SD
301+32 to 304+90-L
138
138
N/A
Roadway Fill
18
SE
354+73 to 354+90-L
130
130
N/A
Roadway Fill
23
SF
423+14 to 423+31-L-LT
40
40
N/A
Roadway Fill
27
SG
539+19 to 540+76-L
114
114
N/A
Roadway Fill
29
SH
574+35 to 574+56-L
106
106
N/A
Roadway Fill
33
SI
625+60 to 626+52-L
101
101
N/A
Roadway Fill
36
SJ
642+58 to 643+31-L
67
67
N/A
Roadway Fill
38
Black
665+70 to 684+31-L
60
60
N/A
River
Roadway Fill
42
SK
761+05-L
86
86
N/A
Roadway Fill
321
808
1129
Total
Total Stream Impact for Project: 1129 linear feet
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
(I-5986 A) Wetland Impacts in the Caoe Fear River Basin
Site
NRTR
Station
Fill
Fill
Excava-
Mechanized
Hand
Area
Total
Label
(Type Impact)
(ac)
(temporary)
tion
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
1
WE
90+87 to 92+10-L-RT
0.024
0.024
Roadway Fill
2
WH
91+98 to 110+06-L-LT
0.233
0.233
Roadway Fill
3
WF
94+37 to 100+20-L-RT
0.156
0.156
Roadway Fill
4
WI
108+26 to 114+34-L-LT
0.076
0.076
Roadway Fill
5
WJ
118+98 to 133+53-L-LT
0.536
0.536
Roadway Fill
6
WK
122+19 to 124+94-L-LT
0.073
0.073
Roadway Fill
7
W L
121 +32 to 127+68-L-RT
0.648
0.648
Roadway Fill
8
WR
186+19 to 193+09-L-LT
0.170
0.165
0.170
Roadway Fill
9
WQ
199+16 to 202+54-L-LT
0.183
0.183
Roadway Fill
10
W P
198+56 to 203+79-L-RT
0.371
0.371
Roadway Fill
11
WO
11+89 to 23+93-Y5RPC-RT
1.352
1.352
Roadway Fill
12
WX
213+68 to 222+17-L-RT
1.659
1.659
Roadway Fill
14
WZ
300+64 to 306+99-L-LT
0.133
0.133
Roadway Fill
16
WY
302+03 to 307+02-L-RT
0.178
0.178
Roadway Fill
17
WAA
351 +49 to 351 +95-L-RT
0.005
0.005
Roadway Fill
19
WAB
354+90 to 357+78-L-RT
0.024
0.024
Roadway Fill
20
WAF
384+05 to 292+99-L-LT
0.284
0.284
Roadway Fill
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
Site
NRTR
Station
Fill
Fill
Excava-
Mechanized
Hand
Area
Total
Label
(Type Impact)
(ac)
(temporary)
tion
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
21
WAH
405+58 to 405+78-L-LT
0.005
0.005
Roadway Fill
22
WAK
422+17 to 437+17-L-LT
0.672
0.672
Roadway Fill
24
WAI
418+39 to 437+17-L-RT
0.761
0.761
Roadway Fill
25
WAM
508+34 to 509+39-L-LT
0.087
0.087
Roadway Fill
26
WAN
522+79 to 528+98-L-LT
0.364
0.364
Roadway Fill
28
WAS
573+52 to 575+47-L
0.035
0.035
Roadway Fill
30
WAT
600+13 to 606+75-L-LT
0.305
0.305
Roadway Fill
31
WAU
618+08 to 618+41-L-RT
0.004
0.004
Roadway Fill
32
WAW
622+48 to 626+94-L-LT
0.480
0.480
Roadway Fill
34
WAV
625+67 to 627+43-L-RT
0.139
0.139
Roadway Fill
35
WAX
640+37 to 642+41-L-RT
0.021
0.021
Roadway Fill
37
WAY
660+09 to 660+50-L-RT
0.003
0.003
Roadway Fill
38
WAZ
665+70 to 684+31-1-
0.516
0.516
Roadway Fill
WAZ
Bridge
0.080
N/A
38A
WAZ
690+67 to 694+59-1-
0.129
0.129
Roadway Fill
39
WBA
725+12 to 725+92-L-LT
0.012
0.012
Roadway Fill
40
WBB
729+82 to 731+51-L-LT
0.054
0.054
Roadway Fill
41
WBC
735+67 to 739+95-L-LT
0.194
0.194
Roadway Fill
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
Site
NRTR
Station
Fill
Fill
Excava-
Mechanized
Hand
Area
Total
Label
(Type Impact)
(ac)
(temporary)
tion
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
(ac)
Bridge
Impact
(ac)
(ac)
43
WU
30+59 to 33+43-YSLPDA-RT
0.172
0.172
Roadway Fill
10.058
0.245
10.058
Total
Total Wetland Impact for Project: 10.058 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear and
Neuse River Basins 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
February 19, 2019 and subsequent information received on May 31 and 231, 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 300 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A
NCAC 2B .0233. 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.
Conditions of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with wetlands, streams and pipe alignments for the permitted sites. NCDWR staff shall be
invited to the pre -construction meeting. [ 15A NCAC 02H.0506(b)(2) and (b)(3)
2. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited
impact to upstream and downstream channel stability 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
draining. If typical pond draining techniques will create significant disturbance to native aquatic species,
additional measures such as collection and relocation may be necessary to prevent a significant fish kill.
NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and
the most appropriate measures to limit impacts to these species. The permittee shall observe any natural
channel re-establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional
stream channel above and below the drained pond remain stable, and that no additional impacts occur within
the natural stream channel as a result of draining the pond. [15A NCAC 2H.0506(b)(3)
3. As a condition of this 401 Water Quality Certification, any bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506(b)(5)]
4. 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)]
5. 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)]
6. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3)
7. A turbidity curtain will be installed in any 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)
8. 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
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. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
11. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not
a concern, shall not be buried. These pipes shall be installed at natural ground elevation. [I 5A NCAC
02H.0506(b)(2) and (b)(3)]
12. Turbidity curtains shall be used to isolate all work areas from streams, including pile or casement
installation, placement of riprap, excavation or filling. Strict adherence to the Construction and
Maintenance Best Management Practices will be required. [ 15A NCAC 02H .0506 (b)(3) and (c)(3)]
13. 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]
14.NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000.
Mitigation
15. Compensatory mitigation for 1315 linear feet of impact to streams (921 in the Cape Fear Basin and 394 in
the Neuse Basin) and 16.590 acres of wetlands (16.435 acres in the Cape Fear Basin and 0.155 acres in the
Neuse Basin) 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),
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in
letters dated June 5, 2019 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.
16. Compensatory mitigation for impacts to 94,719 square feet of protected riparian buffers in Zone 1 and
38,356.5 square feet of protected riparian buffers in Zone 2 shall be required. 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 the 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 June 5, 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.
General Conditions
17. 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
greater 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)]
18. 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 0213.0200]
19. 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)]
20. The dimension, pattern and profile of the stream above and below the crossings shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
21. 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)]
22. 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 15A NCAC 02H .0506 (b)(2) and (c)(2)]
23.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 to prevent excavation in
flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
24. 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. [I 5A NCAC
02H.0506(b)(3)]
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
25. 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)]
26.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)]
27.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
28. 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]
29. 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.
30. 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.
31.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.
32.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 0413.0124, Design
Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
33.All sediment and erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the NC DOT Roadside, Division of Energy, Mining and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
34. The 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 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) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certification. [15A NCAC 02B.0200]
35.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)]
36. A copy of this Water Quality Certification shall be maintained on the construction 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 (b)(2) and
(c)(2)]
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
37. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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]
38. 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.
39. 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)]
40.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" (or electronic
form) to notify the NCDWR when all work included in the 401 Certification has been completed. [ 15A NCAC
02H.0502(f)]
41.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)]
42. 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)
43. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards [15A NCAC 02H.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 the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
44. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of
the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
45.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.
46. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15ANCAC 02B.0233(5)(a)]
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
47. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland
impact areas from re -attaining jurisdictional wetland status; the permittee shall provide an updates on the
wetland areas temporarily impacted as the impacts are removed. This update shall be conducted through
two growing seasons after completion of the work at the sites and shall consist of photographs and a brief
report on the progress of the areas in re -attaining wetland jurisdictional status. Upon submission of these
updates 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 be required.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification 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 5: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: (919) 431-3000, Facsimile: (919) 431-3100
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
Raleigh, NC 27699
This the 8th day of July 2019
DIVISION OF WATER RESOURCES
DOCUSigned by:
4&pft�
9C9886312DCD474...
Linda Culpepper, Director
WQC No. 004187
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
NCDWR Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 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 returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , 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 Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , 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 Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer 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 Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
DocuSign Envelope ID: DB3E7D64-7FAA-464D-9A7C-78528934CF46
Date