20130038 Ver 1_Approval Letter_20130315

A'74
NCD NR'
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Governor Director Secretary
March 15, 2013
Beaufort County
DWQ Project No. 20120038
Bridge 35 to culvert
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
Number 35 over Dublin Creek with an aluminum box culvert on SR 1002 (Bay Ciy Rd.) in Beaufort County:
Stream and Wetland Impacts in the Tar - Pamlico Basin
The project shall be constructed in accordance with your application dated received January 14, 2013 and additional information dated
received February 28, 2013. After reviewing your application, we have decided that these impacts are covered by General Water .
Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers.
This approval is also valid for the Tar - Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). 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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
An Equal Opportunity 1 Affirmative Action Employer
Phone: 252 - 946.64811 FAX: [phone]
Internet: www ncwatergualitv.org
NorthCarolina
NaturallY
Stream
Coastal
Site Number
Permanent
Wetland Fill
1
(Be)
Bridge 35
142.5
.007
The project shall be constructed in accordance with your application dated received January 14, 2013 and additional information dated
received February 28, 2013. After reviewing your application, we have decided that these impacts are covered by General Water .
Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers.
This approval is also valid for the Tar - Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). 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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
An Equal Opportunity 1 Affirmative Action Employer
Phone: 252 - 946.64811 FAX: [phone]
Internet: www ncwatergualitv.org
NorthCarolina
NaturallY

Page 2 of 4
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.
2. The Permiteee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
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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 downstream 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.
4. 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.
S. 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.
6. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification.
7. The outside buffer, wetland or water boundary located within the construction corridor approved by this certif cation 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.
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.
I 1. 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. 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.
13. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.

Page 3 of 4
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
16. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the
construction Iimits 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
or streams, compensatory mitigation will be required since that is a direct impact from road construction activities.
I
18. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal
i approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
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 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
i assure compliance, DWQ may reevaluate and modify this certification.
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery.
21. 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.
22. 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 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 (252) 948 -3922.
Sincerely,
for Chuc Wakild, P.B.
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Stephen Lane, DCM, Morehead City
Sonia Carrillo, DWQ, Transportation Permitting Unit
Travis Wilson, WRC
File Copy

Page 4 of 4
DWQ 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 DWQ 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
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:
Date:
Agent's Certification
I, , 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: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee 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
Date
Registration No.