20151307 Ver 1_Approval Letter_20160104

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Water Resources
ENVIRONMENTAL �UALITY
PAT MCCRORY
cai��rnor
DONALD R. VAN DER VAAR1'
Secrelnrp
S. JAY Z[MMERMAN
Uirec(nr
January 4, 2016
Orange County
NCDWR Project No. 20151307
Bridge 23 on SR 1508
WBS Element 17BP.7.R.86
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BASIN BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. J.M. Mills, P.E., Division Engineer
NCDOT, Division 7
P.O. Box 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 23 with a new bridge at the same location over South Fork Little River [Index No. 27-2-21-2; High
Quality Waters (HQW); Nutrient Sensitive Waters (NSW); and WS-II] on Hawkins Road in Orange County:
Stream lmaacts in the Neuse River Basin
� -,----_ —
I _
Temporary Fill in Permanent Fill in Total Stream Impact
Site Perennial Stream Perennial Stream
(linear ft) (linear ft) (��near ft)
1 - 30
Total - 30
Total Stream Impact for Project: 30 linear feet.
30
30
Strearn !mpac±s
Requiring
Mitigation
(linear ft)
0
0
Neuse Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 Buffer '�=t Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required �� (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) � (sq ft) wetlands) 1.5:1 ratio)
1 664 - - -
(Brid e)
Totals 664 - � - -
Total Buffer Impact for Pro,ject: 855 syuare feet.
' 191 - -
�
T �9i - -
The project shall be constructed in accordance with your application dated received December 16, 2015. After
revie�ving your application, we have decided that these impacts are covered by General Water Quality Certification
State of North Carolina ICnvironmental Quality � Water Resources
1617 �tail Service Center, Raiei�h, Norlh Carolina 27699-1617
Phone:[phone]

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 .02B .0295). 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 tnis Certification and approval letier, and is thereby respousible for co�nplying
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.0233. 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:
Project Specific Conditions
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. (15A NCAC 2B.0233(5)]
2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds per 15A
NCAC 04B .O124(a) —(e) as South Fork Little River is classified as HQW. For example, erosion and
sedimentation control measures shall be designed and constructed to provide protection from the runoff of
a 25-year storm event.
3. 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
.?��n-t��oody spPciPs by the end of the gr�w�r.g season follewing completien of const�u�tion. For the
purpose of this condition, maintained buffer areas are detined as areas within the transportation conidor
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. (1 SA NCAC 2B.0233)
4. Pursuant to 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1
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 l, 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.
5. 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)]
6. 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 ofNCDOT's Best Management Practices
for Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 1 SA NCAC 02H
.0506(b)(5)]
7. 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
buifers, etc.) before entering the stream. Piease refer to the most current version of Stormwater F3est
Management Practices. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
8. . No dr-i�l slurry or water that has been in contact with uncw•ed concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)]

General Conditions
L Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shail not be conducted in a
manner that may result in dis-equilibrium of wetlands or streameeds or nanks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWtZ for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. 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. [ISA NCAC 02B.0200]
3. 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)]
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
02 H.0506(b)(2)]
5. 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)]
�. The Per.nittee shz?l er.sure that the fna! design dra�vings adhere to the per!nit and to the permit
drawings submitted for approval. f 15A NCAC 02H .0507(c) and 1 SA NCAC 02H .0506 (b)(2) and
(�)(2)l
7. All work in or adjacent to stream waters shall be conducted in a dry wark 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)]
8. 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. [ 1 SA NCAC
02H.0506(b)(3)]
9. 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)]
10. 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)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. i'he pe:mirtee and its authorized agents shall conduct its activities �n a manner consi�tent with State w�ater
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 NCDW"R may reevaluate and modify this certification. [ 15A NCAC 02B.020Q]

13. 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)]
14. 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)]
15. The outside buffer, we�land or water boundary iocated 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
ceriification. [15A NCAC 02H.0�01 and .0502]
16. 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.
17. 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)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) 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(fl]
19. 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 02B.0233(6)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this rermit without appropriate modification. Should waste or borrow sites, or access roads to waste
. . or borrow sit�s, be located in wPtlar�s er streams, compPnsatory mitigation wil� be require� since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. 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 Sedirnent 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 Ernsion Contro! 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 officc of Administrative Hearings within sixty (b0) days of receipt of this notice. A petition is considered
filed when it is �eceived 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 S: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 IVlail Szrvice Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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 Dave Wanucha at [phone] or Dave. [e-mail].
Sincerely,
I
� c�,
S. y Zimmerman, Director
Division of Water Resources
Electrenic cop•y only cl;s+�ii'uutioa:
Dave Bailey, US Army Corps ef Engineers, Ralei�h Field Of_fice
Jerry Parker, Division 7 Environmental Officer
Nicole Thomson, I�ivision 7 Environmental Assistant ([e-mail])
Travis Wilson, NC Wildlife Resources Commission
File Copy

�.:—.��-�� .- -� .�
Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COU[Ity:
PAT MCCRORY
<;��,�����,��r
DONALD R. VAN DER VAART
Secretm t+
S. JAY ZIMMERMAN
Uircc'(or
CertiCcate 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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's aathorize� agent, or the project engineer. It ;s not
necessary to send certificates from all of these.
Applicant's Certification
[, , 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 supnorting materials.
Signaturz: Date:
Agent's C�rtifcat�or
I, , 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.
S ignature: Date:
Engineer's Certification
Partial Final
I, , 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
Date
Registration No.
State of North Carolina IEnvironmental Quality � Water Resources
1617 Mail Service Center, Raleigh, Nurh Carulina 27699-1017
Phone:91S-807-6300