20150955 Ver 2_Approval Letter_20160304

Water Resources
ENVIRONMENTAL �Ul�LITV
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ti. ,I \Y ZIMMERMAN
March 4, 2016
Pender County
NCDWR Project No. 20150955v.2
Bridge 16 on NC 210/50
TIP/State Project No. B-4929
APPROVAL of 401 WATER QUALITY CERTIF[CATIOIY, with ADDITIOIYAL CONDITIONS
Mr. Colin Mellor, Group Leader
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Mellor
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. l6 over the Intracoastal Waterway on NC 210/50 in Pender County:
Wetland lm acts in the White Uak Iliver Kas�n
Site Station Wetland , Fill Fill Exca�ation Mech2aized Hand Total
I � Type (ac) I(temporary) � (ac� � Clearing I Clearing j i'Vetland I
(ac) (ac) (ac) Impact
ac)
1 12+93 to I 3+23 -L 1- R 0 0 < 0.01 < 0.0 I 0 0.01
2 18+g1 to 19+19 -L2- RT R 0 0 0 0.01 0 0.01
2 18+57 to 19+10 -L2- LT/RT R 0 0 0 0.03 0 0.03
2 18+71 to 19+40 -L2- R/CM 0.07 0 0 0.04 0 0.11
3 12+32 to 12+45 -Y 1- RT R < 0.0 l 0 0 0 0 < 0.01
3 l 2+62 to 15+98 -Y 1- R 0.45 0 0 0 0 0.45
3 13+02 to 16+03 -Y 1- LT R 0 0 0 0.04 0 0.04
3 12+28 to 15+28 -Y 1- RT R 0 0 0 0.05 0 0.05
4 19+26 to 57+00 -L2- R/CM 0.04 0.03 0 0 0 0.07
5 55+76 to 56+10 -L2- RT CM 0 0 < OA l < 0.01 0 OA l
6 13+57 to 13+g l-Y3- RT CM 0 0 0 0 < 0.01 < 0.01
7 39+88 to 40+07 -Y2- RT CM 0 0 0 0 < 0.01 < 0.01
UTILITIES
U l 10+'74 to 1 1+08 -L I- R 0 0 0 0 < 0.01 < 0.01
U2 11+53 to 13+26 -Ll- R 0 <0.01 <0.01 0 0.14 0.14
U3 18+52 to 21 +04 -L2- R 0 < 0.01 < 0.01 0 0.17 0.17
U3C 19+49 to 21+04 -L- CM 0 < 0.01 < 0.01 0 0.10 0.10
, Tota: � Q.5? 0.03 0.01 0.19 0.�? 1.21
l'otal Wetland lmpact for f'ro�ect: 1.11 acres.
State ot North Carohna IEnvironmental Qualit} I Water Resources
1617 �tail Service Center. Raieigh, Nortn Carolina 27699-1617

O en Water (Sound) Im acts in the White Oak River Basin
Site Station Permanent Fill in Temporary Fill in Total Fill in Open
O en Waters ac O en Waters ac Waters ac
4 19+26 to 57+00 -L2- 0.02 0 0.02
Total 0.02 0 0.02
Total Open Water Impact for Project: 0.02 acres.
The project shall be constructed in accordance with your application dated received February 4, 2016 and revision
received on February 10, 2016. After reviewing your application, we have decided that these impacts are covered
by General Water Quality Certification Number 3886 and 3884. This certification corresponds to the General
Permit 31 and Narionwide Permit 12 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 f lls for this proj ect (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). 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:
�roject �pPciiic �oncfiii�ns
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with permits conditions, water quality regulations and NCDOT NPDES permit
requirements. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)
and (b)(3)
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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)].
3. 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 NC Division of Marine Fisheries. No in-water work is
permitted between April 1 and September 30 of any year, without prior approval from the NC Division of
Water Resources and the NC Division of Marine Fisheries. In addition, the permittee shall conform to the
NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all
times. [15A NCAC 02H.0506(b)(2) and 15A NCAC 04B.0125]
4. Adherence to The Guidelines for Avoiding Impacts to the West Indian Manatee.• Precautionary Measures
for Construction Activities in North Carolina Waters will be required throughout construction. [15A
NCAC 02H.0506(b)(2) and 15A NCAC 04B.O125]
5. 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
positian 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. [l SA NCAC 02H
.0506(b)(3)

6. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge
and entrap small animals. Matting should be secured in place with staples, stakes, or wherever possible,
live stakes of native trees. Riparian areas are defined as a distance 25 feet landward from top of stream
bank. [15A NCAC 02H.0506(b)(3) and (c)(3)]
7. Bridge piles and bents shali 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)]
8. 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. [ 15A NCAC 02H .0506(b)(3)
9. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed
swales, pre-formed scour holes, vegetated buffers, infiltration basins, etc.) before entering the stream to
the maximum extent practical as described in the Stormwater Management Plan dated January 28, 2016.
[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
10. The project shall be constructed in accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements of
the NCGO1000. Please note the extra protections for the sensitive watersheds. [15A NCAC 02B.0211].
General Conditions
11. 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 1ife. Design and placement of c��lverts and
other strac±�.::es ircludir,g terrparar�,� erosion contro] meas�ire� shall not be conducted �n a marvner ±hat ma;
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or unstream 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 NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
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. [15ANCAC 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)]
15. i he Perrnittee sl�all ensurz that the final design drawings adhere �a the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
17. All woYk in or �djacent to stream_ waters sha!1 be conducted in a dry work area. Approved �MP
measures from the most current version af N�DOT Ccnstruction and Maintenan�e Activities manual
such as sandbaas, rock berms, cofferdams and other diversion structures shall be used to prevent
eacaz�ation in flowing wa�er. [15A NCAC 02H.OSU6(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)(3)]
20. 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)]
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 ar 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. 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)]
24. 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, shal] 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)1
25. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and wastes sites associated with the project, 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]
26. 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.
27. 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)]
28. 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 work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
29. 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. 0506(b)(2)]
30. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modiiicaticn. Shoulcl waste cr borrow sites, or acc:,ss 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)]
31. Erosion and sediment �ontrol practices must be in ful] compliance with all spe�ifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [lSA NCAC 02H.0505(b)(3) and (c)(3]):

a. "I'he 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
Erosron Contro! 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 Carolrna Sediment and Erosion Control Nlanual. The devices shali be maintained on ail
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
tilining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
32. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at site,
they shall be removed and the natural grade restored upon completion of the project. [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 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 transmiss�on.
Th� mzili::a ad�ress for the Off!'e of AUminis±rative N�3!'1T?Qs 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. 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 Mason Herndon at [phone] or [e-mail].
Sincerely,
��'
S. ay Zimmerman, Director
Division of Water Resources
Electr�nic copy only distribution:
Brad Shav�r, US Army Cor�s of Engineers, �i�'ilmington Field Office
Stoney ;�lathis, Division 3 Environmental Officer
Cnris Rivenbark, NC Department of'; ranspoirtation

Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Management
Stephen Lane, NC Division of Coastal Management
Beth Harmon, Division of Mitigation Services
File Copy

Water Resources
ENVIf20NM[N 1 1L GUnL:I Y�
NCDWR Project No.:
Applicant:
Project Name:
Date of lssuance of 401 Water Quality Certification:
County:
f' \ I �lt�l�l�(�i<l�
I)�)'� �I I) I:. �� �'� I)I,It \,�_AAR�I�
ti. .I�Al� /1��1ti11�.ItMAN
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 NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is rot
necessary to send certificates from all of these.
ApplicanYs Certifreation
[, , 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:
A�2nt's Cer,if,•catian
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: Date:
Engineer's Certifreation
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 No:th larolina',Emiromne��tal QuaG,y', Wa[er Resources
1617 Mail Service Center, Raieigh, Nurth Carolina 27699-1617
Phone:[phone]