20190531 Ver 2_Approval Letter_20210701

DocuSign Envelope ID: 721 F83D4-6086-42F8-A56F-2C22FA5A0101
ROY COOPER.
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
July 1, 2021
Edgecombe County
DWR Project No. 20190531 ver 2
Bridge 64 on SR 1126
TIP No. B-6002
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. Kevin Bowen, PE, Division Engineer
NCDOT Division 4
PO Box 3165
Wilson NC 27828
Dear Mr. Bowen:
You have our approval, in accordance with the conditions listed below, for the following revised impacts for the purpose of replacing
Bridge 64 in Edgecombe County:
Open Water (River) Impacts in the Tar -Pamlico River Basin
Site
Permanent Fill (ac)
Temporary Fill (ac)
Total Open Water Impact (ac)
Total
0.01
0.04
0.05
Site
Total
Total Open Water (River) Impact for Project: 0.05 acres.
Stream Impacts in the Tar -Pamlico River Basin
Site
Stabilization to Perennial Stream (linear ft)
Total Stream Impact (linear ft)
Total
33
33
Total Stream Impact for Project: 33 linear feet.
Permanent Fill
(ac)
0.02
Wetland Impacts in the Tar -Pamlico River Basin
Temporary Fill Mechanized Hand Clearing
(ac) Clearing (ac) (ac)
0.02
0.09
0.01
Total Wetland Impact
(ac)
0.14
Site
Totals
Total Wetland Impact for Project: 0.14 acres.
Zone 1 Impact
(sq ft)
3261
Tar -Pamlico Riparian Buffer Impacts
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
N/A
Yy
Zone 2 Impact
(sq ft)
2435
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
* 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: 5696 square feet.
NORTH CAROLINA
E
OapaMmnt nl Environmental Quality
N/A
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 721 F83D4-6086-42F8-A56F-2C22FA5A0101
The project shall be constructed in accordance with your application received April 25, 2019 and modification request June 30, 2021.
After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number
4132. This certification corresponds to the Nationwide Permit 3 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 certification replaces the one issued April
30, 2019.
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 NCDWR 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 2B.0259. For this approval to remain valid, you must adhere to the conditions
listed in the General Certification and any additional conditions listed below.
Conditions of Certification:
1. 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. [15A NCAC 02H .0506(b)(2)
2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict
compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A
NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
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. To meet
the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolina Department
of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and
15A NCAC 02H .0506(b)(5)]
4. 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 the NCDWR first. [15A NCAC
02H.0506(b)(2)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be
captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)
6. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank,
or within 5 feet of the top of bank, or during the removal of bents from an old bridge. This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
7. 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. [15A NCAC 02H.0506(b)(2)]
8. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by
this certification. [15ANCAC 2B.0259]
9. 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. [15A NCAC 2B.0259]
10. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar -Pamlico
Buffer without prior approval by the NCDWR. At this time, the NCDWR 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.
NORTH D �E�
Department or Envlr,nmmmi Qualm'
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mali Service Center I Raleigh, North Carolina 27699-1617
919,707.9000

DocuSign Envelope ID: 721F83D4-6086-42F8-A56F-2C22FA5A0101
11. 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. [15A NCAC 02B.0200]
12. 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. [15A NCAC 02H.0506(b)(2)]
13. 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. [15A NCAC 02H.0506(b)(2)]
14. 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. [15A NCAC 02H.0506(b)(2)]
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval.
[15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
16. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
17. 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. [15A NCAC 02H.0506(b)(3)]
18. 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. [15A NCAC 02H.0506(b)(3)]
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC
02H.0506(b)(3)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
21. 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 the NCDWR 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, the NCDWR
may reevaluate and modify this certification. [15A NCAC 02B.0200]
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification. [15A NCAC 02H.0506(b)(2)]
23. 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.
[15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
24. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all
non-commercial borrow and waste sites associated with the project, 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. [15A NCAC
02H.0501 and .0502]
25. 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.
26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A
NCAC 02B.0506(b)(2)]
27. 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 the NCDWR when all work included in the 401 Certification
has been completed. [15A NCAC 02H.0502(f)]
NORTH D \\E
Department of EnvImnmanhI Malay
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mali Service Center I Raleigh, North Carolina 27699-1617
919,707.9000

DocuSign Envelope ID: 721 F83D4-6086-42F8-A56F-2C22FA5A0101
28. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) 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. [15A NCAC
02B.0259 (10)] & [15ANCAC 02B.0506(b)(2)]
29. 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. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
30. 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 [15A NCAC 02H.0506(b)(3)
and (c)(3)]:
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.
31. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without
prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
32. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4
(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all proj ects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur. [15A NCAC 02H .0506 {b)(3) and (c)(3) and 15A NCAC 02B .0200]
33. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the
requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear
transportation projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased
borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply
with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A
NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
34. 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. [15A NCAC 02H.0506(b)(2)]
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 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings.
NORTH D
Department of Environmentel Ilmakty
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mali Service Center I Raleigh, North Carolina 27699-1617
919,707.9000

DocuSign Envelope ID: 721F83D4-6086-42F8-A56F-2C22FA5A0101
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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any
questions, please contact Rob Ridings at [e-mail].
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Environmental Officer
File Copy
NORTH D
Department of Environmentel Ilmakty
Sincerely,
.-DocuSigned by:
ate c ►14,a.4\-,
-9C9886312DCD474...
S. vane' Jmitn, Llrector
Division of Water Resources
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mali Service Center I Raleigh, North Carolina 27699-1617
919,707.9000