20120101 Ver 1_Approval Letter_20120321

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North Carolina Departmient o1. f Environment andlNatural�Resourcest
t Division of Water, Qualitylt,, , i t,,rl ,gym, 1 L alit as 4 Jr-
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Beverly Eaves Perdue Charles Wakdd P, E , a1 o % tp d -it u 1 ord., Dzee Fm,
Governor Director .,� �„ ti t �— eI0 ecreta
trlb March 21 2012+ At 9 1, I IV
Beaufort County
a ° -kiDWQ Project rNo'20120101i� t t t !t r
I It 4Bridge 42 over Durham Creeks s ,d
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APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS ,
Dr Gregory Thorpe Ph D Environmental Management Director
Project Development and Environmental Analysis Branch
N C Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dear Dr Thorpe
tt ,If tt i i I) [, , fie t
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge
Number 42 over Durham Creek on SR 1003 (Tunstall Swamp Rd ) +in Beaufort County
Wetland and Stream Impacts in the Tar Pamlico Basin
*impacts due to bridge pilmgs
The project shall be constructed in accordance with your application dated received February 6 2012 After reviewing your
application we have decided that these impacts are covered by General Water Quality Certification Numbers 3687 and 3819 These
certifications correspond to the Nationwide Permits 3 and 12 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) 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
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 a 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 www ncwatergaality or
943 Washington Square Mall Phone [phone]
Washington NC 27889 FAX [phone]
An Equal OpportunttylAfftnnattve Achon Employer— 50/6 Recycled/10/6 Post Consumer Paper
NorthCarohna
Naturally
Wetlands Fill
Wetlands
Streams'
Site Number
(ac)
Hand Clearing
Fill (sq ft)
ac
Bridge 42
001
002
i 249
Utility
001
0 14
Total
002
016
Net Total
018
24 9*
Impacts
*impacts due to bridge pilmgs
The project shall be constructed in accordance with your application dated received February 6 2012 After reviewing your
application we have decided that these impacts are covered by General Water Quality Certification Numbers 3687 and 3819 These
certifications correspond to the Nationwide Permits 3 and 12 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) 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
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 a 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 www ncwatergaality or
943 Washington Square Mall Phone [phone]
Washington NC 27889 FAX [phone]
An Equal OpportunttylAfftnnattve Achon Employer— 50/6 Recycled/10/6 Post Consumer Paper
NorthCarohna
Naturally

Page 2 of 4
2 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
3 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval
4 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 and NC Division of Marine Fisheries 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
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
6 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
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
8 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
9 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
10 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
11 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
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

Page 3 of 4
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
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 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
19 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
20 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
21 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification
22 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 entering the stream
Please refer to the most current version of Storm eater Best Management Practices
23 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
24 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
25 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
26 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
If you do not accept any of the conditions of this certification you may ask for an adjud►catory 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]
A r n ceely
L L
for Chuck WalIIdl
Attachments (General Certification and Certificate of Completion form)
cc Jay Johnson DOT Division 2 Environmental Officer
Tom Steffens US Army Corps of Engineers Washington Field Office
Stephen Lane DCM Morehead City
Sonia Carrillo DWQ 401/Wetlands Unit
File Copy