20150205 Ver 1_Approval Letter_20150225

Pa( McCrory
Governor
��� ��
NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Secrelary
Pebruary 25, 2015
Dare County
NCD W R Proj ect N o. 20150205 v I
Bridge 17 on South Dogwood Trzil
TIP No. B-5417
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Rachel Patrick, Poblic Works Director
'I'own of Southern Shores
5375 N. Virginia Dare Trail
Southern Shores, NC 27949
Dear Ms. Patrick:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose oC
replacing Bridge No. 17 on Sou[h Dogwood Trail over Snow Goose Canal in Dare Co�mry:
Stream Impacts in the Pasquotank River Qasin
Permanent Fill Temporary Fill Permanent Fill Tempm�ary Fill Stream
in Intermittent in Intermittent in Perennial in Perennial Total Stream Impacts
Site Impaet Requiring
Stream (linear Sh•eam (linear Stream Stream
ft) ft) (linear ft) (linear ft) ���near Tt) Mitigation
linear f[
S I -- — -- 82 82 0
S2 -- -- 9 -- 9 0
TOTAL 0 0 9 82 91 0
To[al Stream Impact for Project: 911inear feet.
The project shall be constructed in accordance with your application dated received Pebruary 20, 201 S. After
reviewing yow� application, we have decided that these impacts are covered by General Water Quality Certification
Number 389I. This certification corresponds to the Nationwide Permit 23 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 no[ limited [o) Sediment and Erosion Control, Non-Discharge and Wa[er Supply Watershed regula[ions. This
approval will expire witli [he accompanying 404 permit.
"Chis approval is valid solely Cor the purpose and design described in your application (unless modified below).
Should your project change, you nmst notify the NCDWR and submit a new applicalion. 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 filis for this projecl (now or in the future) exceed one acre, or of total
impacts to slreams (now or in the future) exceed I50 linear feet, compensarory mitigalion may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certitication(s) and any additional conditions listed below.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phane�, 919-807-6300 \ Internet: www.nctlencgov
An Equal ODPOdunity 1 Affrtmalive Aclion Employer

Condition(s) of Certification:
Project Specific Conditions
1. The poshconstruction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated wi[h appropriate native
species. [ISA 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. [ISA NCAC 02H .0507(d)(2) and ISA 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. Please refer to the most current version of Stormwater Best
Mnnagement Practices. [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. [ISA 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 ofproperly. [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. This condition can be waived with prior
approval from the NCDW R. [ l5A NCAC 02H .0506(b)(3)]
7. 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 in[o
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. [ I SA NCAC 02H
.0506(b)(3)]
8. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the National Marine Fisheries Service and/or the North
Carolina Wildlife Resources Commission. No in-water work is permitted between February 15 and
September 30 of any year, without prior approval from the National Marine Fisheries Service and/or the
North Carolina Wildlife Resources Commission. In addition, the permittee shall conform to the NCDOT
policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
[ISA NCAC 02H .0506(b)(2)]
9. Adherence to The Gtddelines for Avording /mpacts [o the Wes! lndian Manatee: Precautronary Measures
for Constructron Activities in Nor[h Carolina Waters will be required throughout construction. [ I SA NCAC
02H .0506(b)(2)]
General Conditions
10. If concrete is used during construction, a dry work area shall be maintained to prevent direct contac[
between curing concrete and stream water. Water that inadvertentty contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[ I SA NCAC 02B.0200]
I 1. 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 [I SA NCAC 02H.0506(b)(2)]
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. [15A NCAC
02H.0506(b)(2)]

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. [l5A NCAC 02H.0506(b)(2)]
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
15. Heavy equipmen[ shall be opera[ed from Ihe banks rather than in the stream channel in order [o minimize
sedimentation and reduce the introduction of other pollutants in[o the stream. [ I SA NCAC 02H.0506(b)(3)]
16. 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 [ I SA
NCAC 02H.0506(b)(3)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
19. The permittee and its aothorized 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 cer[ifica[ion. [ I SA NCAC 02B.0200]
20. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. In
addition, the Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and [he on-site project managec [ISA NCAC 02H .0507(c) and ISA NCAC 02H .0506
(b)(2) and (c)(2)]
21. 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. [15A NCAC
02H.0501 and .0502]
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I SA NCAC 02B.0506(b)(2)]
24. Upon completion of the project (including any impacts at associated borrow or waste sites), an authorized
agent shall complete and return the encbsed °Certification of Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [ISA NCAC 02H.0502(fl]
25. 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. [I SA NCAC 02B.OS06(c)(3)]
26. 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 wedands 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)]
27. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Bes[ Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]:

a. The erosion and sediment conhol measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Cm•olrna Sedinienl rmd
Erosion Contro( Plawning rmd Design Mnnanl.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
most be such that they equal, or exceed, the requirements specified in the most recent version of
the NorH� Cnrolina Sedin�en! nnd Erosion Con�rol Mnnaml. 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 conhol measures must be designed, installed,
operated, and maintained i❑ accordance with the most recent version of the Nor�h Cnrolina
Surface Mrning Mnnua(.
d. The reclamation measures and implementation must comply with the reclamation in accorda�ice
with the requirements of the Sedimentation Pollution Control Act.
28. Sediment and erosion con[rol measures shall not be placed in wetlands or waters unless othenvise approved
by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If yoo 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 [he 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 Adminish'ative Hearings during normal office hours. The Office of
Administrative Hearings accep[s filings Monday through Friday be[ween the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (I) eopy of Ihe petition must be filed with the Oftice of
Administrative Hearings.
The pe[i[ion may be faxed-provided the original and one copy of the document is received by the Office of
Administra[ive Hearings within five (5) business days following the faxed h'ansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
67I4 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (9I9)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environment and Na[ural Resources
1601 Mail Service Center
This letter completes the review of the Division of Wzter Resources under Section 401 of the Clean Water Act If you
have any questions, please contact David Wainwright at [phone] or David. [e-mail].
Sincerely,
� ����--,�� .
S. Jay Zimmerman, Actmg Direcror
Division of Water Resources
Electronic copy onty distribution:
Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Gary Jordan, US Fish and WildliCe Service
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Managemen[
Garcy Ward, NC Division of Water Resources Washing[on Regional Office
File Copy

Pat McCrory
Governor
Q��
NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Secretary
NCDWR Project No.: County: __ _
Applicant _ . . .. --... ..--
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certiticztion or applicable Buffer Rules, and
any subsequen[ modifica[ions, the applican[ is required to return tliis certificate to die 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, I617 Mail Service Center, Raleigh, NC, 27699-I617. This form
may be returned to NCD W R by the applicant, the applicant's aothorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplrcnnPs Certificnlion
I, , hereby state Ihzt, lo the best of my abilities, due care and diligence
was used in the observation of the eonstruction such that the construction was observed to be built within substantial
compliance and intent of the 40I Water Quality Certi(ication and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signatw�e: Gate:
Age�i!'.s Cerlrfrcntioii
1, , 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: Uate:
F.ngir�eer's Cerliflcntion
Partial F'inal
I, , as a duly registered Protessional Engineer in the State of North
Carolina, having been authorized ro observe (periodically, weekly, fidl time) the construction of the project for the
Permittee hereby state th�t, to the best ofmy abilities, due care and diligence was used in the observation ofthe
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Warer Qualiry Certitication and E3uffer Rules, the'approved plans and specitications, and other supporting materials.
Signa[w'e _ _ Registration No.
Date
1617 Mail Service Center, Raleigh, Norih Carolina 27699-1617
Phone:[phone]ntemet�, www,ncdenr.gov
An Equal Opportuniry 1 AKrma�ive Action Employer