20190992 Ver 1_Approval Letter_20190826

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
August 26, 2019
Wake County
NCDWR Project No. 20190992
I-440 / US 1
TIP No. U-2719
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL
CONDITIONS
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
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of widening and
improving I-440/US-1 from SR 1313 to SR 1728 in Wake County:
Wetland Impacts in the Neuse River
Site
Permanent Fill ac
Excavation ac
Mechanized Clearing ac
Total Wetland Impact ac
2
0
0
0.01
0.01
6
< 0.01
0
0.01
0.01
10
0
< 0.01
< 0.01
0.01
l 1
0
< 0.01
< 0.01
0.01
Total
< 0.01
< 0.01
0.03
0.04
Total Wetland Impact for Project: 0.04 acres.
Open Water (Ponds) Impacts in the Neuse River Basin
Site
Permanent Impact to Open Waters (ac)
Total Fill in Open Waters (ac)
5
1.25
1.25
Total
1.25
1.25
Total Open Water Impact for Project: 1.25 acres.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
Stream Impacts in the Neuse River Basin
Site
Permanent Impact
to Intermittent
Stream
(linear ft)
Temporary Impact
to Intermittent
Stream
(linear ft)
Permanent Impact
to Perennial
Stream
(linear ft
Temporary Impact
to Perennial
Stream
linear ft
Total
Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
linear ft
1
7
10
0
0
17
0
3
0
0
102
138
240
0
4
0
0
0
112
112
0
7
0
0
35
50
85
0
8
0
0
244
0
244
0
9
0
0
62
0
62
0
12
0
0
34
65
99
0
13
0
0
117
50
167
0
14
0
0
473
110
583
473
15
0
0
56
10
66
0
16
70
24
0
0
94
0
17
0
0
97
40
137
0
18
0
0
31
39
70
0
19
29
22
0
0
51
0
20
0
0
142
29
171
0
Total
106
56
1393
643
2198
473
Total Stream Impact for Project: 2198 linear feet.
Neuse Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft(using
Zone 1 Buffer Mitigation Required
3:1 ratio)
r
Zone 2 Impact
(sq ft
Zone 2 Buffer Mitigation
Required(using 1.5:1 ratio
1
1272
N/A
0
N/A
3
5365
N/A
2135
N/A
4 (i)
2985
N/A
2221
N/A
4 (ii)
3711
11133
0
0
7 (i)
408
N/A
0
N/A
7 (ii)
1052
3156
871
1307
9
3931
11793
1346
2019
12
6199
N/A
3968
N/A
13
8902
26706
7738
11607
14 (i)
6846
N/A
1384
N/A
14 (ii)
14827
44481
7423
11134
15
3767
N/A
3730
N/A
16 (i)
3379
N/A
367
N/A
16 (ii)
775
2325
206
309
17
3660
N/A
1592
N/A
18
3035
9105
2070
3105
19
2179
N/A
926
N/A
20
5146
N/A
3035
N/A
21
433
1299
406
609
Totals
77872
99978
39418
30090
* N/A = Site impact Allowable; no mitigation required (*i/ii — Used for impacts for a site partially mitigable or not)
Total Buffer Impact for Project: 117290 square feet.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
The project shall be constructed in accordance with your application received July 23, 2019 and additional information received
August 20, 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 General Permit 31 issued by the Corps of Engineers. This approval
is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and
Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless 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 150 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 2B.0233. For this approval to remain valid, you must adhere to the conditions
listed in the General Certification and any additional conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 36666 square feet of protected riparian buffers in Zone 1 and 20060 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 July 3, 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.
2. Compensatory mitigation for 473 linear 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 July 3,
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. 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)]
4. 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)]
5. 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)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
6. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures
should be properly designed, sized and installed. [I 5A NCAC 02H.0506(b)(2)]
7. 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)]
8. 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)]
9. 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. [15A NCAC 2H.0506(b)(3)]
10. All portions of the proposed project draining to 303(d) listed impaired watersheds 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.
11. All portions of the proposed project draining to 303(d) listed impaired watersheds 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.
12. 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. [I 5A NCAC 213.02331
13. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer
without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone 1,
outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in
Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
14. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved
by this certification. [15A NCAC 2B.0233]
15. 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 0213.0200]
16. 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)]
17. 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. [I 5A NCAC 02H.0506(b)(2)]
18. 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. [I 5A NCAC 02H.0506(b)(2)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
19. 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)]
20. 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)]
21. 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)]
22. 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)]
23. 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)]
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
25. 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]
26. 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)]
27. 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]
28. 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.
29. 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)]
30. 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)]
31. Native riparian vegetation (ex. list herbaceous, 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)] & [15A NCAC 02B.0506(b)(2)]
32. 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)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
33. 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.
34. 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. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
35. 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]
36. 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.
If the proj ect occurs in waters or watersheds classified 303(d) impaired, 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]
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]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
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 Rob Ridings at 919-707-3873.
Sincerely,
^DocuSigned by:
44P" n.
9C9866312DCD474...
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Beth Harmon, Division of Mitigation Services
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B49C014E-2E97-487D-839F-FDE473CE1E5E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
NCDWR Project No.:
Applicant:
Project Name:
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
Date
Registration No.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
n.P, More,w-WQMKV /� 919.707.9000