20140434 Ver 1_Approval Letter_20140506

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North Carolina Department of Environment and Natural Resources
Pat McCrory John F. Skvarla, lill
Governor Secretary
May 6, 2014
Wake County
NCDWR Project No. 20140434
Bridge 526 on SR 2406
State Project No. 17BP.5.R.47
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL
CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge
526 in Wake County:
Stream IMDacts in the Neuse River Basin
Site
Riprap Stabilization to Perennial
Stream (linear ft)
Temporary Fill in Perennial
Stream (linear ft)
Total Stream Impact
(linear ft)
Total
71
8
79
Total Stream Impact for Project., 79 linear feet.
*Addtionally: 96 square feet fill for bridge piers.
Welland Impacts in the Neuse River Basin
Site
Excavation (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
Total
0.02
0.07
0.09
Total Wetland Impact for Project: 0.09 acres.
Neuse Riparian Buffer Impacts
Site
Zone I Impact
(sq ft )
Zone 1 Buffer Mitigation
Re wired (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation Required
-1 ratio)
Totals
4428
N/A
1335
N/A
* 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; 5763 square feet.
Transpolation and Peiniutting thin
1650 Mail Service Center, Raleigh, North Camiina 27699-1650
Location. 512 N. Saiisbury St. Raleigh, Norh CaroNna 27604
PJnJrJJJ& 919-B07-6300 t FAK 919-733-1290
Internet www. im rquality.oLq
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The project shall be constructed in accordance with your application received April 29, 2014, 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. This approval is also valid for the Neuse Riparian Buffer Rules (15A
NCAC 213.0233). 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 28.0242(9). For this approval to remain valid, you must adhere to the conditions
listed in the attached 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.
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 ofStormwater Best Management Practices.
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.
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.
S. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any Neuse Buffer without
prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone I, 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 l is not compromised and that discharge is released as diffuse flow.
9. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless otherwise approved by
this certification.
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. 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.
16. 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.
17. 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.
18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
20. 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.
21. 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,
22. 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.
23. 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.
24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
25. 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.
26. 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.
27. 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.
28. 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 ]eased 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 Sinface Alfining Manual.
d. Tile reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act,
29. 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 8:00arn and 5:00pm, except for official state holidays. The original and one (I ) 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: [phone], Facsimile: (919) - 431 -31.00
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 Linder Section 401 of the Clean Water Act. If you have any
questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
Thomas A Reeder, Director
Division of Water Resources
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsineyer, US Army Corps of Engineers, Raleigh Field Office
File Copy

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NCD
North Carolina Department of Environment, and Natural Resources
Pat McCrory
Governor
NCDWR Project No.;
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
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 Resources, 1.650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applica►t's Cerliflicalion
11 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:
Agent's Certification
Date:
11 , 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 40 1 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: — - _- - . ...... .. . Date:
E'ngineer's Certification
Partial Final
1, 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 Registration No.
Date
Transportaton and Perrn %nq Unit
1650 Mail Seuvice Center, Raleigh, North Carolina 27699-1650
Location: 512 N, Salisbury St Ralegh, North Carolina 2760,4
Phone: [phone] FAX: [phone]
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