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Home My WebLink About20190593 Ver 2_Approval Letter_20190904DocuSign Envelope ID: 68110750-46F5-4F50-BF77-8482E5C2926F ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality September 4, 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: REVISED 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(139)301; State Project No. 42346.3.1; TIP Nos. I-5111 & I-4739. NCDWR Project No. 20190593. Dear Mr. Harris: Attached hereto is a revised copy of Certification No. 4196 issued to The North Carolina Department of Transportation (NCDOT) originally dated July 10, 2019 and modified September 4, 2019. If we can be of further assistance, do not hesitate to contact us. Sincerely, DocuSigned by: Q*4pK \- 9C9886312DCD474... 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 CARouNI, U.Paro "MmdmnMMOUrRY /"� 919.707.9000 DocuSign Envelope ID: 68110750-46F5-4F50-BF77-8482E5C2926F REVISED 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 1.15 acres of jurisdictional wetlands, 9248 linear feet of jurisdictional streams and 644091 square feet of protected riparian buffers in Wake & Johnston Counties. The project shall be constructed pursuant to the application dated May 7, 2019 and modification request dated August 30, 2019. The authorized revised 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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 0 230 55 15 300 0 DocuSign Envelope ID: 68110750-46F5-4F50-BF77-8482E5C2926F 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 5584 1014 1488 9248 2368 Total Stream Impacts for Project: 9248 linear feet. Total Stream Mitigation Required by DWR: 2368 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: 68110750-46F5-4F50-BF77-8482E5C2926F 49 0.06 0 0 0 0.06 50 0.05 0.02 0 0 0.07 51 0.02 0 0 0 0.02 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 0.69 0.14 0.11 0.21 1.15 Total Wetland Impact for Project: 1.15 acres. Total Wetland Mitigation Required by DWR: 1.01 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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 17316 0 17316 51948 9930 0 9930 14895 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 419369 10447 408060 866505 LJ 224722 5194 218993 230428 * n/a = Impact type Allowable; No Mitigation Required Total Buffer Impact for Project: 644091 square feet. DocuSign Envelope ID: 68110750-46F5-4F50-BF77-8482E5C2926F 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. This Revised Certification replaces the one issued on July 10, 2019. Conditions of Certification: 1. Compensatory mitigation for impacts to 1.01 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 2368 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 288019 square feet of protected riparian buffers in Zone 1 and 161217 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 .02B .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. [I 5A 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 DocuSign Envelope ID: 68110750-46F5-4F50-BF77-8482E5C2926F 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)] 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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 413 .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. [I 5A 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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: 68110750-46F5-4F50-BF77-8482E5C2926F 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 4th day of September 2019 DIVISION OF WATER RESOURCES DOCUSigned by: lJ� Yl1 W 4,(,Lp"� 9C9886312DCD474... Linda Culpepper, Director WQC No. 4196 DocuSign Envelope ID: 68110750-46F5-4F50-BF77-8482E5C2926F 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