20130935 Ver 1_Approval Letter_20130910

Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A Reeder
Governor Director
John E Skvarla, III
Secretary
September 10, 2013
Vance County
NCDWR Project No. 20130935
Bridge 53 on SR 1523
TIP No. B -4827
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR - PAMLICO BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Ms. Deborah M. Barbour, P.E., Director of Preconstruction
NCDOTPDEA
1598 Mail Service Center
Raleigh, NC 27699 -1598
Dear Ms. Barbour:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 53 in Vance County:
Ctream Imnacts in the Tar - Pamlico River Basin
Site
Riprap Stabilization
to Intermittent
Stream (linear ft)
Temporary Fill in
Intermittent Stream
linear ft)
Riprap Stabilization to
Perennial Stream
(linear ft )
Temporary Fill in
Perennial Stream
(linear ft )
Total Stream
Impact
(linear ft
1
0
0
32
23
55
2
21
6
0
0
27
Total
21
6
32
23
82
Total Stream Impact for Project:.82 linear feet.
Wetland llmnacts in the Tar - Pamlico River Basin
Site
Permanent Fill ac
Temporary Fill ac
Total Wetland Impact ac
2
0.01
0.01
0.02
Total
0.01
0.01
0.02
Total Wetland Impact for Project: 0.02acres.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -6300 \ FAX 919 - 807 -6492
Internet www.ncwaterguality orci
An Equal Opportunity \ Affirmative Action Employer
NorthCarohna

Tar - Pamlico Riparian Buffer Impacts
Site
Zone 1 Impact
Zone 1 Buffer Mitigation
Zone 2 Impact
Zone 2 Buffer Mitigation
(sq ft)
Required (using 3:1 ratio)
(sq ft
Required (using 1.5:1 ratio)
I
3221
N/A
1193
N/A
t
Totals
3221
0
1193
0
* 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: 4414 square feet.
The project shall be constructed in accordance with your application received September 3, 2013. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3885, 3891, and 3893. This certification corresponds to the Nationwide Permits 13, 23, and 33 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 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.0260(9). For this approval to remain valid, you must adhere to the conditions listed
in the attached certification(s) and any additional conditions listed below.
Conditions of Certification:
1. The permittee shall use /Design Standards in Sensitive Watersheds /(15A NCAC 4B.0124[a] -[e]) in areas
draining to ORW waters. However, due to the size of the project, the NCDOT shall not be required to meet 15A
NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar
annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground
disturbing activities to provide erosion control.
2. 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.
3. 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.
4. 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.
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.
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. This condition can be waived with prior approval from the
NCDWR.
7. 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.

8. All stormwater runoff shall be directed as sheetflow through stream buffers at non- erosive velocities, unless
otherwise approved by this certification.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
15. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the presence
of sulfide- bearing rock must be approved by the NCDWR.
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.
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.
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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
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.
22. 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.
23. 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.
24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.

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. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or whomever is the authorized agent if a non - NCDOT project) shall complete and return the enclosed
"Certification of Completion Form" to notify NCDWR when all work included in the 401 Certification has been
completed.
27. Native riparian vegetation (Le, 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.
28. 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.
29. 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.
30. 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:OOam 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. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 919 - 807 -6403.
Sincerely,
Thom A. Reeder
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Jim Mason, NCDOT NEU
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