20221103 approval letter

ROY COOPER

Governor

ELIZABETH S. BISER
Secretary

RICHARD E. ROGERS, JR.
Director

September 20, 2022
Martin County
NCDWR Project No. 20221103
Bridge No. 34 repair

APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Steve Trowell
NCDOT Division 1
113 Airport Drive
Edenton, NC 27932

Dear Mr. Trowell:

You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
making repairs to Bridge No. 34 over Conoho Creek on NC 125 in Martin County:

Open Water Impacts in the Roanoke River Basin
Open Water Permanent
Site
(ac)
Bridge 34 0.03

The project shall be constructed in accordance with your application dated received August 17, 2022. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the Regional General Permit 201902350 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 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 1/10 acre, or total impacts
to streams (now or in the future) exceed 300 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(s) and any additional conditions listed below.
Condition(s) of Certification:
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. 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. \[15A NCAC 02H.0506(b)(2)\]

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

3.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. This condition can be satisfied
by contacting NCDWR and arranging for DWR staff to be present during the repair activities to monitor pH levels
during the pumping of the flowable fill. \[15A NCAC 02B.0200\]

4. 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. \[15A NCAC 02H.0506(b)(2)\]

5. 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. \[15A NCAC
02H.0506(b)(3)\]

6. 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 projects 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. \[15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200\]
a. 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.
b. 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.
c. 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.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards in Sensitive Watershed. \[15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135\]

7. 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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]

8. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can impinge and
entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of
native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. \[15A NCAC 02B.0201\]

9. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. \[15A
NCAC 02H.0506(b)(3) and (c)(3)\]

10. As a condition of this 401 Water Quality Certification, the bridge repair activities must be accomplished in
Maintenance Activities. \[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)\]

11. 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. \[15A NCAC 02H .0506(b)(3)\]

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

12.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. \[15A NCAC 02H .0506(b)(3)\]

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.
\[15A NCAC 02H.0506(b)(2)\]

14. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed
areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be
placed such that the original streambed elevation and streambank contours are restored and maintained and
shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other
approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage. Ν 15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)\]

15. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by
wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic
pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control
and to ensure structural integrity of bank stabilization measures. \[15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c); 15A NCAC 02B .0201\]

16. Native riparian vegetation 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. \[15A NCAC 02H.0506(b)(2)\]

17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. \[15A NCAC 02H.0506(b)(3)\]

18. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCG01000.

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 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. \[15A NCAC 02B.0200\]

20. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. \[15A NCAC 02B.0506(b)(2)\]

21. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. \[15A NCAC 02H.0506(b)(2) and (b)(3)\]

22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete the "Certification of Completion Form" to notify the NCDWR when all work included in
the 401 Certification has been completed. \[15A NCAC 02H.0502(f)\]

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. \[15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)\]

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

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

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.

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 Garcy Ward at [phone] or [e-mail].

Sincerely,

Richard E. Rogers, Jr., Director
Division of Water Resources

Electronic copy only distribution:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000