HomeMy WebLinkAbout20190593 Ver 1_Approval Letter_20190710DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 10, 2019
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed widening of I-40 from I-440 to SR
1525 plus improvements to NC 42 and SR 1010 in Wake and Johnston Counties; Federal Aid Project No.
IMNHF-040-4(13 9)3 0 1; State Project No. 42346.3.1; TIP Nos. I-5111 & I-4739.
NCDWR Project No. 20190593.
Dear Mr. Harris:
Attached hereto is a copy of Certification No. 4196 issued to The North Carolina Department of Transportation
(NCDOT) dated July 10, 2019,
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
E
DOCUSigned by:
12DCD474
Linda Culpepper, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Officer
Chad Coggins, Division 4 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
D Q
�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH CARouNA
U.Paro "MmdmnMMOUrRY /"� 919.707.9000
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES, with ADDITIONAL CONDITIONS
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 211 .0500 and 15A NCAC 213.0233. This certification authorizes the NCDOT to impact 1.18 acres of
jurisdictional wetlands, 9630 linear feet of jurisdictional streams and 685156 square feet of protected riparian
buffers in Wake & Johnston Counties. The project shall be constructed pursuant to the application dated May 7,
2019. The authorized impacts are as described below:
Stream Impacts in the Neuse River Basin
Site
Permanent
Fill in
Intermittent
Stream
(linear ft)
Riprap in
Intermittent
Stream
(linear ft)
Temporary
Impact to
Intermittent
Stream
(linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Riprap in
Perennial
Stream
(linear ft)
Temporary
Impact to
Perennial
Stream
(linear ft)
Total
Stream
Impact
(linear
ft)
Stream Impacts
Requiring
NCDWR
Mitigation
(linear ft)
1
0
0
0
13
20
34
67
0
2
0
0
0
45
12
39
96
0
3
0
0
0
24
0
240
264
0
4
0
0
0
18
13
37
68
0
5
0
0
0
352
0
12
364
352
6
0
0
0
129
0
41
170
0
7
0
0
0
165
0
100
265
0
8
71
0
4
0
0
0
75
0
9
0
0
0
0
23
8
31
0
10
0
0
0
526
0
131
657
526
13
0
0
0
20
0
129
149
0
14A
0
5
20
0
0
0
25
0
14B
0
8
43
0
0
0
51
0
14C
0
34
10
0
0
0
44
0
16A
0
0
0
0
0
10
10
0
16B
0
0
0
0
0
15
15
0
16C
0
0
0
46
0
10
56
0
17
0
0
0
148
124
26
298
0
18
0
0
0
62
34
17
113
0
19
0
0
0
134
0
14
148
0
20
0
0
0
99
5
56
160
0
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
21
0
0
0
138
0
19
157
0
22
0
0
0
108
0
22
130
0
23A
0
0
0
204
0
23
227
204
23B
0
0
0
0
5
0
5
0
23C
0
0
0
455
12
20
487
467
24
0
56
15
0
0
0
71
0
26A
0
0
0
0
5
10
15
0
26B
0
0
0
0
42
10
52
0
27
0
0
0
0
26
15
41
0
28
0
0
0
41
0
20
61
41
29
48
37
20
0
0
0
105
0
31
0
0
0
90
0
25
115
0
32
0
0
0
0
10
10
20
0
33
0
0
0
127
0
10
137
0
34
0
0
0
88
0
0
88
0
36
23
31
10
0
0
0
64
0
59
159
0
10
0
0
0
169
0
60
0
0
0
51
23
20
94
0
40
0
0
0
0
254
90
344
0
42
200
0
0
0
0
0
200
0
43
0
0
40
0
0
0
40
0
44
269
16
11
0
0
0
296
0
45
0
0
0
154
40
11
205
0
46
0
0
0
168
0
0
168
0
47
0
0
0
62
45
11
118
0
48
0
0
0
14
0
51
65
0
49
0
0
0
284
64
30
378
348
50
0
0
0
588
0
57
645
0
51
0
0
0
612
55
15
682
667
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
53
0
0
0
401
29
24
454
430
54
0
0
0
82
45
10
137
0
55
0
0
0
78
40
10
128
0
56
0
0
0
102
0
10
112
0
57
0
0
0
238
55
19
312
0
58
0
0
0
100
33
27
160
0
Total
770
187
183
5966
1014
1488
9630
3035
Total Stream Impacts for Project: 9630 linear feet.
Total Stream Mitigation Required by DWR: 3035 linear feet.
Wetland Impacts in the Neuse River Basin
Site
Permanent Fill
(ac)
Temporary Fill
(ac)
Excavation
(ac)
Mechanized Clearing
(ac)
Total Wetland Impact
(ac)
7
<0.01
0.05
0
0
0.05
16C
0
<0.01
<0.01
0
0.01
17
0
<0.01
0
0
0.01
18
<0.01
0.02
0.02
0
0.04
20
0
0.01
<0.01
0
0.01
24
0.02
0
0
0
0.02
30
<0.01
<0.01
0
0
0.01
33
0.01
0
0.01
0
0.02
34
0.01
0
0.04
0
0.05
37
0.02
0
0
0
0.02
60
0.06
<0.01
0
0.02
0.08
39A
0.07
0
0
0.02
0.09
39B
0.01
0
0
0.01
0.02
41
0
0
0
0.02
0.02
42
0.23
0.01
0
0.10
0.34
44
0
0
0.04
0
0.04
46
0.02
0
0
0
0.02
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
49
0.06
0
0
0
0.06
50
0.05
0.02
0
0
0.07
51
0.05
0
0
0
0.05
52
0
0.01
0
0.02
0.03
54
0.06
0
0
0
0.06
55
<0.01
0
0
0
0.01
57
0.01
0
0
0
0.01
Total
0.72
0.14
0.11
0.21
1.18
Total Wetland Impact for Project: 1.18 acres.
Total Wetland Mitigation Required by DWR: 1.04 acres
Open Water Ponds Impacts in the Neuse River Basin
Site
Permanent Fill in Open Waters (ac)
Total Fill in Open Waters (ac)
51
0.58
0.58
Total
0.58
0.58
Total Open Water Impact for Project: 0.58 acres.
Neuse Riparian Buffer Impacts
Site
Zone 1
Impact
(sq ft)
minus
Wetlands
in Zone 1
(sq ft)
= Zone 1
Buffers (not
wetlands)
(sq ft)
Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio)
Zone 2
Impact
(sq ft)
minus
Wetlands
in Zone 2
(sq ft)
= Zone 2
Buffers
(not
wetlands)
(sq ft)
Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
1-a
2721
0
2721
N/A
1807
0
1807
N/A
1-b
335
0
335
1005
0
0
0
0
2
5017
0
5017
N/A
3030
0
3030
N/A
3
23470
0
23470
70410
15180
0
15180
10120
4-a
1544
0
1544
N/A
320
0
320
N/A
4-b
1984
0
1984
5952
519
0
519
779
6
12321
0
12321
36963
7836
0
7836
11754
7
8067
2708
5359
N/A
2185
1189
996
N/A
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
8
8554
0
8554
25662
9166
0
9166
13749
9
1906
0
1906
N/A
1389
0
1389
N/A
10
15337
0
15337
46011
3414
0
3414
5121
11
2045
0
2045
N/A
1410
0
1410
N/A
12
2873
0
2873
N/A
1514
0
1514
N/A
13-a
199
0
199
597
0
0
0
0
13-b
652
0
652
N/A
0
0
0
N/A
14A
1658
0
1658
4974
946
0
946
1419
14B
1824
0
1824
5472
1680
0
1680
2520
14C
2795
0
2795
8385
277
0
277
415
15
0
0
0
0
90
0
90
135
16A
2032
0
2032
6096
2231
0
2231
3347
16B
613
0
613
1839
306
0
306
459
16C
1489
89
1400
N/A
0
0
0
N/A
17
12126
37
12089
36267
3903
0
3903
5854
18
6922
1061
5861
N/A
3626
10
3616
N/A
19
8722
0
8722
N/A
5049
0
5049
N/A
20
3953
621
3332
N/A
956
0
956
N/A
21
8579
0
8579
N/A
4452
0
4452
N/A
22
3438
0
3438
10314
1054
0
1054
1581
23A
8260
0
8260
24780
2082
0
2082
3123
23B
635
0
635
1905
0
0
0
0
23C
11509
0
11509
34527
228
0
228
342
24
1108
384
724
2172
0
0
0
0
25
61
0
61
183
775
0
775
1163
26A
233
0
233
699
0
0
0
0
26B
1737
0
1737
5211
0
0
0
0
27
1765
0
1765
N/A
1079
0
1079
N/A
28
1116
0
1116
3348
0
0
0
0
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
29
5647
0
5647
N/A
3238
0
3238
N/A
31
6573
0
6573
N/A
4835
0
4835
N/A
33
6439
492
5947
N/A
3075
0
3075
N/A
34
3140
550
2590
7770
1550
382
1168
1752
35
0
0
0
0
212
0
212
318
36
2876
0
2876
N/A
1229
0
1229
N/A
38
3264
0
3264
9792
2467
0
2467
3700
59
6380
0
6380
N/A
87
0
87
N/A
60
4153
2231
1922
N/A
2283
156
2127
N/A
40-a
14449
0
14449
N/A
7030
0
7030
N/A
40-b
1104
0
1104
3312
2993
0
2993
4490
42
7169
2367
4802
14406
5126
3001
2125
3187
43
7471
1618
5853
17559
4557
736
3821
5732
44
12849
3043
9806
29418
6061
871
5190
7785
45
11384
0
11384
34152
6539
0
6539
9808
46
10987
0
10987
32961
7345
0
7345
11018
47
5350
0
5350
N/A
2012
0
2012
N/A
49
20163
1439
18724
56172
9924
0
9924
14886
50
38684
680
38004
114012
25634
0
25634
38451
51
41494
862
40632
121896
26817
535
26282
39423
53
27804
0
27804
83412
17778
0
17778
26667
54
8694
1926
6768
N/A
5213
902
4311
N/A
57
15680
379
15301
45903
9394
204
9490
14235
58
10972
0
10972
32916
7749
0
7749
11623
59
Utility
3416
0
3416
N/A
1957
0
1957
N/A
Totals
443547
11309
432238
936453
241609
5729
235880
254956
* n/a = Impact type Allowable; No Mitigation Required
Total Buffer Impact for Project: 685156 square feet.
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
The application provides adequate assurance that the discharge of fill material into the 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 May 7, 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). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0243. 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:
1. Compensatory mitigation for impacts to 1.04 acres of wetlands 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 April 26, 2019, 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.
2. Compensatory mitigation for 3035 inear feet of impact to perennial 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 April 26, 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.
3. Compensatory mitigation for impacts to 312197 square feet of protected riparian buffers in Zone 1 and 178104
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 Neuse Riparian Buffers shall be
provided in the Neuse River Basin and done in accordance with 15A NCAC .0213 .0295. The DMS has indicated in
a letter dated April 26, 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. All avoidance and minimization commitments made in your application dated May 7, 2019, apply for this
proj ect.
5. 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.
[ 15A NCAC 02H .0506(b)(2)]
6. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in 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)]
7. 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
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
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)]
8. 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)]
9. 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)]
10. 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, or during the removal of bents from an old bridge. This
condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)]
11. 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)]
12. 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 down stream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact the 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)]
13. 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)]
14. 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)]
15. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
16. The stream channels shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)]
17. 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. [ 15A NCAC 02H.0506(b)]
18. A copy of the final construction drawings shall be furnished to the NCDWR Central Office prior to the pre -
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application received by NCDWR. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Resources.
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
19. Any portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity shall
be designed, constructed, and operated with sediment and erosion control measures that meet Design Standards in
Sensitive Watersheds (15A NCAC 4B .0124). However, due to the size of the project, NC DOT shall not be
required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
20. Any portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using
appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.)
prior to discharging to surface waters.
21. Channel relocations shall be completed and stabilized, and approved 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)]
22. 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]
21. 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. Insert buffer rule
citation. [15A NCAC 213.0233]
22. 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.
23. All clearing of vegetation for purpose of relocating overhead power lines within jurisdictional wetlands shall be
performed without the use of mechanized equipment. [15A NCAC 02H.0506(b)(3)]
24. The permittee will need to adhere to any and all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish & Wildlife
Service, and/or the NC Division of Marine Fisheries. [15A NCAC 2H.0506(b)(2) and 15A NCAC 4B.0125]
25. Prior to, and during the construction of project, the permittee shall coordinate with the North Carolina Wildlife
Resources Commission and the US Fish & Wildlife Service to ensure that the construction will not result in negative
impacts to threatened and endangered mussels. Should either of those agencies require changes to the proposed
design or construction activities, a modification to this 401 Water Quality Certification may be required. Any
changes to the design authorized by this certification will require approval from the NC Division of Water
Resources. [15A NCAC 2H.0506(b)(2) and 15A NCAC 4B.0125]
26. 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]
27. 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)]
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
28. 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)]
29. 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)]
30. 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)]
31. 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)]
32. 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)]
33. 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)]
34. 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)]
35. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
36. 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 0213.0200]
37. 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)]
38. 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)]
39. 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]
40. 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.
41. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [I5ANCAC 02B.0506(b)(2)]
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
42. 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(f)]
43. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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.0233(10)] & [15ANCAC 02B.0506(b)(2)]
44. 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)]
45. 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.
46. 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)]
47. 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]
48. 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.
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.
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.
Sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards in Sensitive Watershed. [15ANCAC 02H.0506(b)(3) and (c)(3); GC 4135]
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
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
This the 1 Oth day of July 2019
DIVISION OF WATER RESOURCES
DOCUSigned by:
Q*4PW ,(Q
9C9886312DCD474...
Linda Culpepper, Director
WQC No. 4196
DocuSign Envelope ID: E5BFD974-4240-401B-862A-A4860530DF12
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
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.
Date