20160093 Ver 1_Approval Letter_20160215

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Water Resources
ENVIRONMENTAL OUALITY
Site
PAT MCCRORY
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DONALD R VAN DER VAART
Seu erm y
S JAY ZIMMERMAN
l hrc� (or
February 15, 2016
Orange County
NCDWR Project No 20] 60093
Bridge 77 on SR 1133
WBS Element 17BP 7 R.86
APPROVAL of 401 VVATER QUALI'd'Y CERTIFICATION and Jordan Lake BUFFEl�
.�UTHORIZATION, with AI)I)ITIONAI, CONDITIOI�S
Mr. J M Mills, P E, Division Engmeer
NCDOT, Dtvision 7
P O Box 14996
Greensboro, NC 27415
Dear Mr Mills
You have our approval, m accordance with the conditions listed below, for the followmg impacts for the purpose of
replacing Bridge 77 with another bridge over New Hope Creek [Index No 16-41-1-(0 5)] on Arthur Mmms Road
(SR 1133) in Orange County
Stream
'T�:n�or�ry Fill s� I
Site Perennial Stream
(linear ft)
(Dewatering)
mpacts in the CapE
Per:nar.erst Fill in
Perennial Stream
(linear ft)
�ank Stabilization
1 - 37
Total - 37
Total Stream Impact for Project: 37 linear feet.
Fear River Basin
Total Stream Impact
(linear ft)
37
37
Jordan Lake Idi arian Buffer Im ac
Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2
Impact V�'etlands Buffers (not M[itigation Impact
(sq ft) in Zone i wetlands) Required (sq ft)
(sq ft) (sq ft) (using 3:1 ratio)
rninus
Wetlands
in Zone 2
(sq ft)
S±rear.� �mpact�
Requiring
Mitigation
(linear ft)
0
0
= Zone 2
Buffers
(not
wetlands)
1 3,661 - - - 1,885 - -
Totals 3,661 - - - 1,855 - -
Total Buffer Impact for Project: 5,546 square feet.
State of North Carolma �Enwormental Quality � Watzr Resources
1617 Mail 8ervice Center, Raleigh, North Carouna 27699-1617
Zone 2 Buffer
Mitigation
Required (using
1.S:Y ratio)
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The pro�ect shall be constructed m accordance wrth your apphcation dated received January 27, 2016 After
reviewmg your apphcation, we have decided that these impacts are covered by General Water Quahty Certificatton
Number 3883 This certificahon corresponds to the Nationwide Permit 3 issued by the Corps of Engmeers This
approval is also valid for the Jordan Lake Riparian Buffer Rules (15A NCAC 02B 0267) ln addition, you should
acquire any other federal, state or local permrts before you proceed with your project mcludmg (but not limrted to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regularions This approval will expire
wrth the accompanymg 404 permit
This approvai is vahd solely ior the purpose and design described m your appiicaiion (unl�ss modified below)
Should your pro�ect change, you must notify the NCDWR and submrt a new application If the property is sold, the
new owner must be grven a copy of this Certification and approval letter, and is thereby responsible for complymg
wrth all the condrtions If total wetland fills for this pro�ect (now or m the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 lmear feet, compensatory mrtigation may be requ�red as
described m 15A NCAC 2H 0506 (h) (6) and (7) Additional buffer impacts may requ�re compensatory mrtigation
as described m 15A NCAC 2B 0295 For this approval to remam vahd, you must adhere to the conditions hsted m
the attached certification(s) and any additional conditions listed below
Condition(s) of Certification:
Project Specific Conditions
1 All stormwater runoff shall be d�rected as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification [15A NCAC 2B 0233(5)]
2. All nparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to
the preconstruction contours and revegetated Maintamed buffers shall be permanently revegetated with
non-woody species by the end of the growmg season following completion of construction For the
purpose of this condition, mamtamed buffer areas are defined as areas within the transportation corridor
that will be sub�ect to regular NCDOT mamtenance activrties mcludmg mowmg The area wrth non-
mamtained buffers shall be permanently revegetated with nat�ve woody snecies before the next growing
s�as�n feltowmg complet�en ef �or.struction (15A N�AC 2B 02E71
3. Pursuant to 15A NCAC 2B .0267(9), sediment and erosion control devices shall not be placed m Zone 1
of any Jordan Lake Buffer wrthout prior approval by the NCDWR At this time, the NCDWR has
approved no sedunent and erosion control devices m Zone 1, outside of the approved project impacts,
anywhere on this pro�ect 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
4 The post-construction removal of any temporary bridge structures must return the pro�ect srte to rts
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species [15A NCAC 02H .0506(b)(2)]
5 As a condition of this 401 Water Quality Certification, the bridge demolihon and construction must be
accomphshed in strict compliance wrth the most recent version of NCDOT's Best Management Practices
for Construction and Mamtenance Activrties [ 15A NCAC 02H 0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
General Conditions
Unless otherwise approved m this certificat�on, placement of culverts and other structures m 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 mches, and 20 percent of the culvert diameter for culverts havmg a dtameter
less than 48 mahes, to all�w lo�v f.ow passage of water and aquatic liie L'esrgn and pIacemer.t �f
culverts and other structures mcludmg temporary erosion control measures shall not be conducted in a
manner that may result m dis-equilibrium of wetlands or streambeds or banks, ad�acent to or upstream
and dawnstream af the above structures The applicant is requ�red to provide evt�ence that the
equil�br�um �s betng ma�ntamed if re�uested tn wrrting by NCD�VR If this condition �s unable to be m�t
due to bedrock ar other hm�nng features encountered durmg construction, please contact NCD�JVR for

guidance on how to proceed and to determme whether or not a permit modification will be requu-ed
[15A NCAC 02H 0506(b)(2)]
2 If concrete is used durmg construction, a dry wark area shall be mamtamed to prevent du�ect contact
between curmg 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]
3 Durmg the construction of the pro� ect, no stagmg of equipment of any kmd is permitted m waters of
the U S, or protected riparian buffers [ 15A NCAC 02H 0506(b)(2)]
4 The dunension, pattern and profile of the stream above and below the crossmg shall not be modified
Dtsturbed floodplams and streams shall be restored to natural geomorphic conditions [15A NCAC
02H 0506(b)(2)]
5 The use of rip-rap above the Normal High Water Mark shall be mmimized Any rip-rap placed for
stream stabihzation shall be placed m stream channels ui such a manner that it does not impede
aquatic life passage [15A NCAC 02H 0506(b)(2)]
6 The Permittee shall ensure that the fmal design drawmgs adhere to the permit and to the permit
drawmgs submitted for approval [15A NCAC 02H 0507(c) and 15A NCAC 02H 0506 (b)(2) and
(�)(2)]
7 All work ui or ad�acent to stream waters shall be conducted m a dry work area Approved BMP
measures from the most current version of NCDOT Construction and Mamtenance Activrties manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation m flowmg water [15A NCAC 02H 0506(b)(3) and (c)(3)]
8 Heavy equipment shall be operated from the banks rather than m the stream channel in order to
mmimize sedimentation and reduce the introduction of other pollutants mto the stream [ 15A NCAC
02H.0506(h)(3)]
9 All mechamzed equipment operated near surface waters must be regularly inspected and mamtamed to
prevent contammation 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 Dischargmg hydroseed mixtures and washmg out hydroseeders and other equipment m or ad�acent to
surface waters is prohibited [15A NCAC 02H 0506(b)(3)]
12 The permittee and its authorized agents shall conduct rts activities m a manner consistent with State water
quality standards (mcludmg any requ�rements resultmg from compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requ�rements 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 bemg violated, or that further conditions are necessary to assure comphance,
the NCDWR may reevaluate and modify this certification [ 15A NCAC 02B 0200]
13 All fill slopes located m �urisdictional 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 mamtamed on the construction srte at all tunes In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be mamtamed with
the Bivision Engmeer and t'r.e oa-site prc�ect rr,anager [15A itiCAC 02H OSJ7(c) and 1�A NCAC CZH
0506 (b)(2) and (c)(2)]
15 The outside buffer, weti�nd or water boundaiy located withm the cor.structior� corr�dor approved by this
authorization sha11 be clearly marked by highly visihle fenci:�g pr�or tc� any land dist�arbmg
activities Impacts to areas wtthm the fencmg are prohib:ted unless otherwise authorize�i by th�s
certification. [15A NCAC 02H 0501 and Q5021

16 The issuance of this certification does not exempt the Permittee from complying wrth any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i e local, state, and
federal) havmg�urisdiction, mcludmg but not limrted to apphcable buffer rules, stormwater management
rules, soil eroston and sedimentation control requirements, etc
17 The Permittee shall report any violations of this certificarion to the Division of Water Resources withm
24 hours of discovery [15A NCAC 02B 0506(b)(2)]
18 Upon completion of the pro�ect (mcludmg any impacts at associated borrow or waste sites), the NCDOT
Division Engmeer (or appomtee) shall complete and return the enclosed "Certification of Completion
Form" to nohfy the NCDWR when all work mcluded m the 401 Certification has been completed. [15A
NCAC 02H 0502( fl]
19 Native riparian vegetation must be reestabhshed m the riparian areas withm the construction limrts of the
pro�ect by the end of the growmg season followmg completion of construction [ 15A NCAC 02B.0267(9)]
20 There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated
wrth this permrt wrthout appropnate modificatton Should waste ar borrow srtes, or access roads to waste
or borrow srtes, be located m wetlands or streams, compensatory mrtigation will be requ�red smce that is
a d�rect unpact from road construction activrties [15A NCAC 02H 0506(b)(3) and (c)(3)]
21 Erosion and sediment control practices must be m full compliance with all specifications governmg the
proper design, mstallation and operation and mamtenance of such Best Management Practices m order to
protect surface waters standards [15A NCAC 02H 0506(b)(3) and (c)(3])
a The erosion and sediment control measures for the pro�ect must be designed, mstalled, operated,
and mamtamed m accordance with the most recent version of the North Carokna Sediment and
Erosion Control Plannang and Design Manual
b The design, mstallation, operation, and mamtenance of the sediment and erosion control measures
must be such that they equal; or exceed; the requvements speczfied m the most recent version of the
Norrh C�rrolm�r sSedampnt ard Er�s�on Control Manz��!, The �evices shal! he mainta2ned er. all
construction sites, borrow sites, and waste pile (spoil) pro�ects, mcludtng contractor-owned or leased
borrow prts associated with the pro�ect
c For borrow pit srtes, the erosion and sediment control measures must be designed, mstalled,
operated, and maintained in accordance with the most recent version of the North Caroltna Surface
M�nrng Manual.
d The reclamation measures and implementation must comply with the reclamation in accordance
wrth the requirements of the Sedimentation Pollution Control Act
22 Sediment and erosion control measures shall not be placed m wetlands or waters unless other�vise
approved by this Certification [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement m the attached Certification you must file a petrtion for an admmistrative
hearmg. You may obtam the petrtion form from the office of Admmistrative hearmgs You must file the petihon
with the office of Admmistrative Hearmgs within sixty (60) days of receipt of this notice A petition is considered
filed when rt is received m the office of Admmistrative Hearmgs durmg normal office hours The Office of
Admimstrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state holidays The origmal and one (1) copy ofthe petition must be filed wrth the Office of
Admmistrative Hearmgs
The petition may be faxed-provided the origmal and one copy of the document is received by the Office of
Admimstrative Fi�ar.ngs with�n irve (S) busiaess days foliowtng the Taxeci 7ansmissian
The mailmg address for the Office of Admmistrative Hearings is
Off:ce of Admmistrutiv� Hearings
6714 �Iail Seivi�e C�nte�•
Raleigh, NC 27699-6714
Telephone [phone]U, Facsimile [phone]

A copy of the petrtion must also be served on DEQ as follows
Mr Sam M Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter campletes the r�vtew of the Division of Water Resources under Section 401 of the Clean Water Act If you
have any questions, please contact Dave �anucna at [phone] or Dave Wanucha@ncdenr gov
Smcerely,
�J� ,
S Jay Zimmerman, Director
Division of Water Resources
Electromc ccpy only distribution
Dave Bailey, US Army Corps of Engmeers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thomson, Division 7 Environmental Assistant (n�thomson2@ncdot gov).
Travis Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL �UALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 V6'ater Quality Certification:
County:
PAT MCCRORY
(�()1 L'(l7lJl
DONALD R VAN DER VAART
s«, �,�„�
S JAY ZIMMERMAN
UUCLIO!'
Certificate of Completion
Upon completion of all work approved wtthm 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 Permittmg
Umt, North Carolma 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 authorizzd agent, or the pro�ect engmeer It is not
necessary to send certificates from all of these
Applicant's Certifecation
I, , hereby state that, to the best of my abihties, due care and diligence
was used m the observation of the construction such that the construction was observed to be built wrthm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials.
Signahu•e Cate
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the constructton such that the construction was observed to be built wrthm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engmeer m the State of North
Carolma, havmg been authorized to observe (pertodically, weekly, full hme) the construction of the pro�ect for the
Permittee hereby state that, to the best of my abilrties, due care and diligence was used in the observation of the
construction such that the construction was observed to be built withm substantial compliance and mtent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials
Signature
Date
Registration No
State of North CaroLna IEnvzronmental Qual�ty � Water Resocrces
1617 Mad Sernce Center, Raleigh, North Carohna 27699-161 i
Phone [phone]