20100100 Ver 1_Approval Letter_20100407

MCD
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Directni Cvorararv
April 7, 2010
Beaufort County
DWQ Project No. 20100100
Bridge 39 over Broomfield Swamp Cr.
TIP B-4025
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 39 over Broomfield Swamp Creek on SR 1925 (Idalia Rd) in Beaufort County:
Wetland Impacts in the Tar-Pamlico River Basin
Wetland Fill
I I Site Number
s ft
Beaufort 39 15
The project shall be constructed in accordance with your application dated received February 9, 2010. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
3687. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Buffer Authorization, 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 DWQ 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). For this approval to remain valid, you must adhere to the
conditions listed in the attached 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 Division of Water Quality Internet wo NN.ncxcaterqualita.urrv One
943 Washington Square Mall Phone: [phone] No hcarolina
Washington, NC 27889 FAX [phone] Naturally
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2. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
3. 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 DWQ 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, DWQ may reevaluate and
modify this certification.
4. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
5. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving
or vibration techniques) prescribed. by the NC Wildlife Resources Commission. No in-water work is permitted
between February 15 and June 15 of any year, without prior approval from the NC Division of Water Quality
and the NC Wildlife Resources Commission. In addition, the permittee shall conform with the NCDOT policy
entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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.
16. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of
construction.
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17. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification 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.
18. 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.
19. 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:
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.
20. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a.condition of the 401 Water Quality Certification.
21. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
22. 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 NCDWQ.
23. 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.
24. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ
when all work included in the 401 Certification has been completed.
25. A copy of this Water Quality Certification shall be maintained on site at 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.
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If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone].
Sincere y,
for Cle n Is
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Stephen Lane, DCM, Morehead City
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Sonia Gregory, DWQ, 401/Wetlands Unit, Raleigh NC
File Copy