20100831 Ver 1_Approval Letter_20101013

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 13, 2010
Halifax County
NCDWQ Project No. 20100831
Bridge 200 on SR 1335
State Project No. 41876
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. Robert W. Lewis
NCDOT, Division 4
509 Ward Blvd.
Wilson, NC 27895
Dear Mr. Lewis:
Division Engineer
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts f6r.the purpose of
replacing Bridge 200 with culverts in Halifax County:
Stream Impacts in the Tar-Pamlico River Basin
Total Stream Impact for Project:, 70. linear feet.
Tar-Pamlico Riparian Buffer Impacts

Site Zone 1 minus =. Zone I% Zone 1 Buffer Zone 2 minus =.Zone 2 _: . Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
'1 356, 0 356 N/A 0 0 0 N/A
12 400 0 400 N/A 0 0 0 N/A
Totals 756 . 0 756 0 0 0 0 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 756 square feet.
The project shall be constructed in accordance with your application dated received October 4, 2010. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3820. This certification corresponds to the General Permit 31 issued by the Corps of Engineers. This
approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0250). 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.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd. Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet http.lih2o.enr.state.ne.us/ncwetlands/
Site
' Permanent Fill in Perennial
Stream linearft Temporary Dewatering in Perennial
- Stream linear ft - Total Stream Impact)
linear ft
1 50 20 70
Total 50 20 70
NorthCarolina
Naturally
An EI ual Oppo,tunity 1 ABumative Action Employer
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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 NCDWQ 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.0260(9). For this approval to remain valid, you must adhere to the conditions listed in
the attached certification and any additional conditions listed below.
Conditions of Certification:
1. 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 NCDWQ. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required.
2. 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.
3. Riprap shall not be placed in the active thalweg channel orplaced:in the streambed in amanner.that precludes
aquatic life passage. Bioengineering boulders.or structures should be-properly designed, sized and installed.',
4. For any streams being impacted due to site dewatering activities; the site shall be graded to its preconstruction
-contours and revegetated with appropriate native species
' 5.- Strict adherence to the most recent version of NCDOTs 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. ,
6. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
7. 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.
8. Pursuant to NCAC15A 2B.0259(6) , sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico Buffer without prior approval by NCDWQ. At this time, NCDWQ 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.
9. 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.
10. 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
At 11. 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.
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12. 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.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. .
14. 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.
15. 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.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
I 19. 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 NCDWQ determines that such standards or.laws are
not laeing rrtet (inclting the failure to sustain a-designated:or achieved use) or that State `or federal law is being..
:..,violated, or that further, conditiotls,,are bec, ssary. to.assure compliance, NCDWQ,may reevaluate and modify this
certificatio;
t 20. 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.
21. 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:
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
24. 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 NCDWQ
when all work included in the 401 Certification has been completed.
25. Native riparian vegetation (i.e., 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.
26. 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.
27. 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.
28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
29. The stream channel 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. - • ?" ' -
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 iris received in the.officeof Administrative Hearings' during normal office hours. The Office of.
: .
Administrative' Hearings accepts filings Monday through Friday between the hours of 8:00am and S:OOpm;: except.,
for official state holidays. The original and one (1) copy of the petition must be frled.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: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General. Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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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 Rob Ridings at 919-733-9817.
Sincerely,
I _
Coleen H. Sullins
Director
!l
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWQ 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
1, , 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 . .
was used in the observation of the, construction s
t compliance.and'intentOfthe.401,-Water,Qualiry
specifications, and other supporting,materials. '
Signature:
„t
Date:
stare mar, to me Dest or my amunes, one care arm outgence
the constructiou,was,observed to be built within.substantial
rtto>?;andBuffer;Rules, the approved plan§ and
Date:
En ineer's Certification ,
F,
g' Partial.' , Finai''.
I, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full tithe) the construction of the project;for the
r Periititteeli reby'state that, to the b'estof 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