20190624 Ver 1_Approval Letter_20190726

DocuSign Envelope ID: 17EB3AEC-A28A-4E99-92D6-A57715B73832
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 26, 2019
Craven County
NCDWR Project No. 20190624
Old Airport Rd
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Matt Montanye
Public Works Director
City of New Bern
P.O. Box 1129
New Bern, NC 29562
Dear Mr. Montanye:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening approximately 1.2 miles of Old Airport Road in Craven County:
Wetland, Stream, and Buffer Impacts in the Neuse River Basin
Wetland Fill
WetlandHand
Streams
Streams
Buffer
Buffer
Site
Permanent
Permanent
Temporary
Zone 1
Zone 2
Clearing
(ac)
(if)(if)(s9
ft)
(s9 ft)
1
0.04
0.031
42
80
5105
2793
2
0.03
0.123
--
--
1572
967
Total
0.154
42
80
6,677
3,760
Net Total
ER.07
0.224
122
10,437
The project shall be constructed in accordance with your application dated received May 10, 2019 and additional
information received July 12, 2019. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide
Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A
NCAC 213.0233). In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, 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 213.0233. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
1. The issuance of this 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.
;: North Carolina Department of Environmental Quality I Division of water Resources
e:!��.—DE512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAR-INR
919.707.9000

DocuSign Envelope ID: 17EB3AEC-A28A-4E99-92D6-A57715B73832
2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
3. 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)]
4. 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)]
5. 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. [I 5A NCAC 0213.02001
6. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501
and .0502]
7. 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. [I 5A NCAC 02H.0506(b)(2)]
8. 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)]
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I5ANCAC 02H.0506(b)(3)]
10. 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)]
11. 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]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.

DocuSign Envelope ID: 17EB3AEC-A28A-4E99-92D6-A57715B73832
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
12. 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)]
13. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can impinge and
entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of
native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0201 ]
14. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
15. 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)]
16. 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.
17. The post -construction removal of any temporary fill in wetlands must return the site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate
native species to include woody species where appropriate. [15A NCAC 02H .0506(b)(2)]
18. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -
woody species by the end of the growing season following completion of construction. For the purpose of this
condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to
regular NCDOT maintenance activities including mowing. The area with non -maintained buffers shall be
permanently revegetated with native woody species before the next growing season following completion of
construction. (15A NCAC 213.0233)
19. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless
otherwise approved by this certification. (15A NCAC 213.0233)
20. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0233(6)]
21. 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. [I 5A NCAC 02B.0506(b)(2)]
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
23. 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

DocuSign Envelope ID: 17EB3AEC-A28A-4E99-92D6-A57715B73832
violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [ 15A NCAC 02B.0200]
24. 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)]
25. The Permittee will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
26. A copy of this Water Quality Certification shall be maintained on the construction site at all times and with the on -
site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
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 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at (252)946-648 1 or [e-mail].
Sincerely,
Docuftned by:
44PW1.l.UA.
9C9886312DCD474...
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Emily Thompson, US Army Corps of Engineers, Washington Field Office
Matt Montanye, montanyemknewbemnc.gov
William Sullivan, [e-mail]
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy