20170424 Ver 1_Approval Letter_20170421

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t: ���..:�.
Environntenlal
QUQ�It y
ROY COOPCR
Gurernur
MICHAEL S. REGAN
.Srcrarurr
S. JAY 'LIMMERMAN
n;��e� mr
April 21, 2017
New Hanover County
NCDW R Project No. 20170424
(Bridge No. 19 on) SR I 100
TIP No. [3-5236
f ederal Aid Pr�ject No.
BRZ-I100(29)
APPROVAL of d01 WATER QUALfTY CERTIFICATION witli ADDITIONAL CONDITIONS
Mr. Philip S. Harris, I[I, P.E., CPM
Na[ural Environment Seclion Head
Project Development and Enviroumen�al Analysis
North Carolina Deparlment of Transporta[ion
1598 Mail Service Center
Raleigh, Noith Carolina, 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for tlie following impacts for the putpose of
replacing bridge No. 19 over Lord's Creek on SR 1 100 in New Hanover County:
S�ream Impacts in the Cape Fear River 6asin
Permanent �ill Temporary �ill Permanenl fill Temporary �ill Total Sh•eam
in Intermittent in Intermittenf in Perennial in Perennial
Site Impact
Stream Qincar Stream (lincar Slream Stream
P[ ft linear ft linear ft pinear Pt)
16�r10 to 20+00 12 12
I.T
I6+10 to 20+50 R 30 30
TOTAL 0 0 42 0 42
Total Sh-cam Impact for Projec[: �!2 linear feef.
Wetland Impacls in the Cape Fear River B�sin
'Ibtal Welland Impact fm• Projeet: 0.18 acres.
-'�Noihltly Cnln��ar[•ti .. ..
SCitc ol Nonh Cnrolinz I Cnvironmrntal Qualily
Ifil7 A7ail Sen'irt Center I k����'�eh. Nonh C.nrolinn 27C99-1617
i `s.�c� e,�` klv°.cv _ , , �:zc ., � . ,,.,{. , _,_ . .

Open Water Impacts in the Cape Fear River Basin
Permanent Fill in Temporary Fill in Total Fill in Open
Site ^---.,,-`--- '--. .,___.,,_.__.. .,.,.. .v...o.�ia..�
) to 20+00 LT 0.011 0.01
)to 20+50 RT 0.020 0.02
TOTAL 0.03 0.00 �_ 0.03
Total Open Water Impact for Project:0.03 acres.
The project shall be constructed in accordance with your application dated received April 7, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4093. 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 not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with [he 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 NCD WR 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 l5A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
l. 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 Conshuction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
2. 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 J before entering the stream. To meet the requirements of NCDOT's NPDES permit
NCS0000250, please refer to the most recent version of the North Carolina Department ofTransportation
Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H
0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. 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)
4. Adherence to The Cuidelines for Avaidinglmpacts to the West lndian Manatee: Precautronary Measures
for Construction Activrtres rn North Caralina Waters will be required throughout construction
General Conditions
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
shuctures including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, 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. lf this condition is unable to be met due to bedrock or other limiting feamres
encountered during construction, please contact NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [ISA NCAC 02H.0506(b)(2)]

6. 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]
7. 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)]
8. The dimension, pattern and profile of the stream above and below the crossing shall no[ be modi5ed.
Disturbed floodplains and streams shall be restored to namral geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
9. The use of rip-rap above the Normal High Water Mark shal] 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. [ISA NCAC 02H.0506(b)(2)]
10. 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 15A NCAC 02H .0506 (b)(2) and (c)(2)�
] 1. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most wrrent 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)]
12. 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)]
13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream wa[ers from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
14. No rock, sand or other ma[erials shall be dredged from the stream channel except where authorized by this
ceRificatioa [15A NCAC 02H.0506(b)(3)]
l5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
16. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
qualiry 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 NCDW R 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
]aw is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate
and modify this certification. [15A NCAC 02B.0200]
17. Al] 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)]
18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Wa[er Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager. [ISA NCAC 02H .0507(c) and i5A NCAC 02H .0506 (b)(2) and
(�)(2)7
19. The outside buffer, we[land or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highty 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]
20. The issuance of [his 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.
21. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours ofdiscovery. [15A NCAC 02B.0506(b)(2)]
22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and rewrn 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(�]
23. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project
by the end of the growing season following completion of construction. 15A NCAC 02B.023 I(a)(6)]
24. There shall be no excavation from, or waste disposal into, jurisdictiona] 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 wetlands or streams, compensatory mitigation will be required since that is a direct impact
from road constmction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
25. 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, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in [he most recent version of
the North Carolrna Sediment and Erosron Contro! Manual. The devices shall be maintained on all
wnstruction 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 aceordance with the most recent version of the Nor�h 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.
26. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidablein the
Hand Clearing areas, 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 Administra[ive 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 transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Cen[er
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
Raleigh, NC 27699-6701
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 Joanne Steenhuis at [phone] or [e-mail].
Sincerely,
�
S. ay Zimmerm n, Director
Division of Water Resources
Electronic copy only disffibution:
Brad Shaver, US Army Corps oFEngineers, Wilmington Field Office
Mason Herndon, Division 3 Environmental Officer
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Jason Dilday, NC Department of Transportation
Gary Jordan, US Fish and WildliFe Service
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

Environrnental
QUQ�!(y
NCDWR Project No.: 2017-0424
Applicant: NC-DOT
County: Ne�v Hanover
ROY COOPGR
Goro,�nor
MICHAEL S. REGAN
S'errrmrr
S. JAY ZIMMERMAN
Dlrecrnr
Projec[ Name: Replace�uen[ ol' I3rid�e Nu. 19 over Lord's Creek on SR I I00 (River Road)
Date of Issuance of 40l Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certifica[ion or applicable F3utTcr Rules, and
any subsequenL modifcations, the applican[ is required to re[tu'n this certifica�e to the 401 Transpurtation Pennittine
Unit, North Carolina Division of Water Resources, 1G17 MTiI Service Cen[er, Ralcieh, NC, 27699-1617. �I'his Form
may be returned to NCDWR by ihe applicanl, Ihc applicanYs �uthorized agent, or the projecl engineer. I[ is nol
necessary to send cerCificates front all oftl�ese.
ApplicnnPs Cerlificntion
�� , hereby state that, ro the best of my abilities, due care and diligence
was used in the oUservation of the consVuction such that the consVuction was observed to be built within subst�ntial
compliance and infent of the 401 Water Quali[y Ccrtificalion and Buffer Rules, the approved plans and
specifications, and other suppo�tii�, materials.
Signatw'e: Date:
Age�iPs Cer�ificntion
� , hereby state thTt, lo the besl of my abilities, due care and diligence
was useA in thc observation of the conslluction such lhat the construclion was observed [o be built witliin substan[ial
compliance and inten� of the 401 Water Qualiry Certifica[ion �nd Buffer Rules, the a�proveA pl�ns and
specifications, and other supporting meterials.
Signahire:
F_ngineer's Cerlificnlinn
Plrtial
Fin�l
�, , as a duly registered Professionel Engineer in thc State of North
Carolina, hnvin� been au[horized ro observe (periodically, weekly, fu.11 [ime) Ihe conslruc�ion of the projec[ for the
Permittee hereby state th�t, to the best of nry abili�ies, duc care and diligence was used in the observation ofthe
construction such lhat [he construction was obseived to be built wilhin substantial compliance and in[enl of the A01
Wa[er Qu�lity Certitication and l3uffer Rules, die approved plans and specifications, and o[her supporting materials.
Signature
Dnte
Registration No.
:� Nni hlriq C:nmparc�
State ofNarth Carnlina I Cnviroinncntzl QUalily
If.l7 A1ail Scrvicr Q�nler I Rnleieh. North Camlina 2 7699-1 61 7