20151252 Ver 1_Approval Letter_20160119

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Water Resources
ENVIRONMENTAL OUALITY
PA1' MCCROLZY
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S. JAY IIMMERMAN
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January 19, 2016
Durham County
NCDWR Project No. 20151252
Bridge 85 on SR 1814
State Project No. 17BP.S.R.46
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. J. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 85 in Durham County:
Stream Im�acts_in the Neuse River Basin
Site T P�rmanent Fill Temporar,y Fill in � Ripra� Stabilization Temporary Fill in Perennial � Total Stream
� in Intermittent Intermiftent Stream � to Perenniai Stream � Stream Impact
Stream linear ft linear ft (linear ft) linear ft linear ft
1 0 0 87 85 107
(65 Concurrent, 20 additional)
2 106
Total 106
Site
0
0
Totals
�
10
Total Stream Impact for Project: 223 linear feet.
87
Neuse Ri arian Buffer Im acts
Zone 1 Impact Zone 1 Buffer Mitigation Required
(s ft) (usin 3:1 ratio)
3719 N/A
4472 13416
8191 13416
* n/a = Impact Allowable, no mitigation required
Total Buffer Impact for Project: 9932 square feet.
0
20
Zone 2 Impact
(sq ft)
1650
91
1741
�
223
Zone 2 Buffer Mitigation
:equired (using 1.5:1 ratio
N/A
137
137
The project shall be constructed in accordance with your application received December 4, 2015 and additional
information received January 15, 2016. After reviewing your application, we have decided that these impacts are
cover��d by Ge�ie.•al V✓ater Qual:ty C,riifcation Nunlber 3Sfi3. This ���fiification corre�pori�is +o the i�atio!��vidc
Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A
NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before you proceed with
your project ir�cludina (bat not limited to) Sediment anc� F.msion C,nnkrol, Non-Discharge and �,Vater Supply
Watershed regulations. This approval will expire with the accompan_ying 404 pernlit.
State of North Carclina iEnvironmental Qusliry I Water Resources
1617 Maii Service Center. Raleigh, Norlh Carolina 27699-1677
Fhone:979-80i-6300
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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.0233. For this approval te remain valid, you must adhere to the conditions listed in
the atiached ceriification and any additionai conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 4472 square feet of protected riparian buffers in Zone 1 and 91 square feet
of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation
Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided
in Neuse River Basin and done in accordance with 15A NCAC 2B .0233. The DMS has indicated in a letter dated
January 15, 2016 that they will assume responsibility for satisfying the compensatory mitigation requirements for the
above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010.
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.
[15A NCAC 02H .0506(b)(2) ]
3. 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. [15A NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)]
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 hol�s, vegetated buffers, �tc.) before
entering the s+,.ream. Please refPr to the most �t�rren± s�ersion of:Stormwnter Best _M�n_n6:ment Prn�tice.s. [? SA.
NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
S. 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. [15A NCAC 02H.0506(b)(2)]
6. 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. [ I SA NCAC 02H .0506(b)(3)]
7. 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. [15A NCAC 02H .0506(b)(3) ]
8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certi6cation. [ 15A NCAC 2B.0233]
9. 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. [15A NCAC 2B.0233]
10. Pursuant to 15A NCAC 2B.0233, 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
ccntral devices in 7one i, outside of the appraved project impacts, a�►ywhere of: this project. 1Vloreover, sediment and
�rosion control devices shall be allo�ved in Zone 2 of the t�uffers pr�vic�ed that Zone 1 is nc�t compromised and that
discharge is released as diffuse flow.

11. All channel relocations will be constructed in a dry work area, and completed and stabilized before stream flows
are diverted. [15A NCAC 02H .0506(b)(3)]
12. 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. [15A NCAC 02B.0200]
13. 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)]
14. 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)]
15. 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)]
16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507 (c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
17. 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. [15A NCAC
02H.0506(b)(3) and (c)(3)]
18. 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. [15A NCAC 02H.0506(b)(3)]
19. 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)(31]
�0. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I SA NCAC 02H.0506(b)(3)]
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
22. 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]
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)]
24. 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.OSO l and .0502]
25. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
r�gulations, ar ordinances that may be imposed by other governmer�t 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. Th� Permittee shall report any violations of this certifi_cation to the Division of Water Resot�rces within 2,4 hours of
discovery. [15A NCAC 02B.0506(b)(2)]

27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all
wark included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
28. Native riparian vegetation (i.e., 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. [15A NCAC 02B.0233(10)]
25. There shall be no excavation from, or waste disposal into, jurisdictionai wetlands or watei•s associated with ihis
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.[15A NCAC 02H.0506(b)(3) and (c)(3)]
30. 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 Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, oneration, 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
Carol�na 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.
31. Sediment and erosion control measures shalC 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 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 S:OOpm, except
for official state holidays. The original and one (1) copy ofthe 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 pEtitian must also be served on DEQ as fclluws:
Mr. Sam M. Hayes, General Counsel
�epa►-tment of Erivironmental Quality
1601 Mail Service Center

This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
�r
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Coips of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Ofiicer
Beth Harmon, Division of Mitigation Services
File Copy

Water Resources
ENVIRONMENTAL QUALITY
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certi�cation:
F'��"l� \�iC;CItUIZY
�)ON.�I,n R. Vn1�! [)1;R VAART
S. JAY 'l,[MM}?EZMAN
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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCD�VR by the applicant, the applicant's autharized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certifrcation
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.
Signature: Daie�
r9g21f1'S CBitifiCT1.'Tilt
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.
Signature: Date:
Engineer'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.
Da±e
Stare of North Carolina iEnvironmental Uualit�� I V✓ater Resources
161i Mail Service Center, Raleigh, Norlh Carolina 27699-i6ii
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Fhone:919-E07-6300
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