20120975 Ver 1_Approval Letter_20121210

i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E
Governor Director
December 10, 2012
Robeson County
NCDWQ Protect No 120975
Bridges 116 and 117 on SR 2262
TIP Project No B -4619
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Dr Greg Thorpe, PhD , Manager
Protect Development and Environmental Analysts
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Dear Dr Thorpe
Dee Freeman
Secretary
You have our approval, to accordance with the conditions listed below, for the following impacts for the purpose of
replacmg Bridge No 116 and 117 over Hog Swamp on SR 2262 (Bethesda Church Road) in Robeson County
Wetland ImDacts in the Lumber River Basin (riverine
Site
Station
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing
ac
Hand
Clearing
ac
Total Wetland
Impact (ac)
1
16 +35 -L-
001
0
0
0
001
002
1
16 +60RT/LT /CNTR
0
0
001
0
001
002
1
17 +50 LT
<0 01
0
0
0
<0 01
<0 01
1
17 +50 RT
001
0
<0 01
0
002
003
1
16 +35 to 17 +50 -L-
0
0 01*
0
0
0
001
2
20 +00 LT
0
0
0
0
001
001
2
20 +20 LT
<0 01
0
0
0
0
<0 01
2
20 +40 RT/LT /CNTR
0
0
<0 01
0
<0 01
<0 01
2
21 +70 RT /LT /CNTR
0
0
001
0
006
007
2
22+16 RT
<0 01
0
0
0
0
<0 01
2
20 +00 to 22 +75 -L-
0
001*
0
0
0
001
<0 01
0
0
0
027
027
1
- L -12 +10 to 16 +34
2
-L- 17 +46 to 20 +47
<0 01
0
0
0
018
0 18
3
-L- 21 +88 to 25 +25
<0 01
0
0
0
0 12
012
Total
002
0.02*
002
0
068
074
Total Wetland Impact for Protect 0 74 acres
*denotes temporary till in hand clearing areas for erosion control measures
The project shall be constructed m accordance with your application dated received October 24, 2012 and revisions
received on December 5, 2012 After reviewing your application, we have decided that these impacts are covered
by General Water Quality Certification Number 3891 This certification corresponds to the Nationwide Permit 23
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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 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 lmear 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(s) and any additional conditions listed below
Condition(s) of Certification
Project Specific Conditions
1 In accordance with commitments made in your application, all clearing of vegetation associated with this
project within jurisdictional wetlands shall be performed with the use of hand clearing methods only
2 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
3 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 Stormwater Best Management
Practices
4 Project shall be constructed in accordance with the Stormwater Management Plan submitted and dated
August 6, 2012
5 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 first
General Conditions
6 Unless otherwise approved m 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
7 If concrete is used durmg 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
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 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
11 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
12 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
13 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
14 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
15 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
17 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 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, NCDWQ may
reevaluate and modify this certification
18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
19 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
20 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
21 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
22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
23 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
24 Native nparian vegetation 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
25 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
26 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
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
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
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
The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act
27 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
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 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 DENR as follows
Mr William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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 Mason Herndon at (910) 308 -4021 or mason herndon@iicdenr aov
Sincerely,
1342.� D 40ae-Z)
Charles WakildJ
Director

ec Jim Rerko, Division 6 Environmental Officer
Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office
Chris Militscher, Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Gordon Cashm, NCDOT, Natural Environment Section
Sonia Carrillo, NCDWQ Central Office
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