20120986 Ver 1_Approval Letter_20121221

WA
W
LA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld, P E Dee Freeman
Governor Director Secretary
December 21, 2012
Bertie County
NCDWQ Protect No 20120986
Bridge # 17
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Clay Willis
NCDOT, Division One
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr Willis
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing bridge #
17 over Loosing Swamp on SR 1200 (Hexlena Road) in Bertie County
Wetland Impacts in the Chowan River Basin
Site
Wetland Fill
ac
Wetland Hand
Cleanng c
Wetland
Excavation ac
Stream Fill
linear ft
Bridge 17
0 04
013
00013
44*
Total
017
*rip -rap bank stabilization
The project shall be constructed in accordance with your application dated received October 26, 2012 After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3883 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) 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 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 descnbed in 15A NCAC 2B 0200 For
this approval to remain valid, you must adhere to the conditions listed in the attached certification
North Carolina Division of Water Quality Internet n waterclualltl M
943 Washington Square Mall Phone 252 - 946-66481
Washington NC 27889 FAX [phone]
An Equal OpportundylAtfinnative Achon Employer — 50% Recycledl1 0% Post Consumer Paper
NorthCarolina
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Page 2 of 4
Condition(s) of Certification
I 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
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 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
4 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
5 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
6 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
7 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
Manua!
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.
8 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification
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 The use of np -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 All filI slopes located in, jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this
certification
12 The dimension, pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams. and
streams shall be restored to natural geomorphic conditions
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

page 3 of 4
14 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of
stream waters from fuels, lubricants, hydraulic flwds, 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 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
17 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
18 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
19 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification
20 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
21 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
22 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited
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 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
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 Marl 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 (252) 948 -3922
Sincerely,
a4,ul Q&sr►
for Chuck Wakild P E
Director
Cc Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Paul Williams, DCM, Elizabeth City
Sonia Carrillo, NCDWQ, 401 [Wetlands Unit
File Copy