20081785 Ver 1_Approval Letter_20081215

Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
December 15, 2008
Nash County
DWQ Project No 20081785
Bridge 69 on SR 1945
TIP No B-4589
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr R E Greene, Jr, PE, Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr Greeene
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 69 in Nash County
Stream Impacts in the Neuse River Basin
Site Temporary Fill in Perennial Stream linear ft Total Stream Impact linear ft)
1 14 14
Total 14 14
Total Stream Impact for Protect 14 linear feet
Wetland Impacts in the Neuse River Basin
Site Fill (ac) Total Wetland Impact ac
1 0 002 0 002
Total 0 002 0 002
Total Wetland Impact for Project. 0.002 acres
Neuse RtDarian Buffer Impacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required i` (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio)
s ft
1 1750 0 1750 N/A 1310 0 1310 N/A
Totals 1750 0 1750 0 1310 0 1310 0
* n/a = Bridge impact allowable, no mitigation required
Total Buffer Impact for Protect: 3,060 square feet
NOno Carolina
Transportation Permitting Unit Na&,MRll(f
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] Internet htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
F WA7F
?
9 Michael F Easley, Governor
R
O?
G
p oss Jr, Secretary
William G
North Carolina Department of Environment and Natural Resources
\
r Coleen Sullins, Director
> -H Division of Water Quality

The project shall be constructed in accordance with your application dated received December 8, 2008 After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3681 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 2B 0233) In addition, you should acquire
any other federal, state or local permits before you proceed with your project mcludmg (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 protect change, you must notify the DWQ 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) For this approval to remain valid, you must adhere to the
conditions listed m the attached certification as well as those listed below
Conditions of Certification
1 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
2 Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification
3 Bridge deck drams 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 )
before entering the stream Please refer to the most current version of Stormwater Best Management Practices
4 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 DOT
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
5 Pursuant to NCAC15A 2B 0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1, 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
6 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification
7 If concrete is used during construction, a dry work area shall be mamtained 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
8 During the construction of the project, no staging of equipment of any kind is permitted m waters of the U S , or
protected riparian buffers
Noce Carolina
Transportation Permitting Unit d aturaillff
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet http //h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F \NA'r
? 9 Michael F Easley, Governor
l
R
S
O?
pG Wil
iam G
oss Jr,
ecretary
North Carolina Department of Environment and Natural Resources
\
0 r Coleen Sullins, Director
>_ Division of Water Quality
? C
9 The dimension, pattern and profile of the stream above and below the crossing shall not be modified Disturbed
floodplams and streams shall be restored to natural geomorphtc conditions
10 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
11 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
12 All work in or adjacent to stream waters shall be conducted m 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
13 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
14 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
15 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
17 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 DWQ 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, DWQ may reevaluate and modify this certification
18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
19 A copy of this Water Quality Certification shall be maintained on site at 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
20 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
21 The issuance of this certification does not exempt the Permittee from complymg with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i a local, state, and federal) having
.jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc
22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
Carona
ao
Transportation Permitting Unit d?u, Amu u ?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] Internet htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NJATF Michael F Easley, Governor
\O?0 RpG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
? r Coleen Sullins, Director
3 1 Division of Water Quality
opy.c
23 Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when
all work included in the 401 Certification has been completed
24 Native woody riparian vegetation (i e , trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of construction
25 There shall be no excavation from, or waste disposal into, jurisdictional 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
construction activities
26 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
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, mstallation, 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 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
27 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing You must
act within 60 days of the date that you receive this letter To ask for a hearmg, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N C 27699 This certification and its conditions are final and binding unless you ask for a
hearing This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, please contact Rob Ridings at [phone]
Sincerely, 4?u_
Coleen Sullins,
Director
IVoo ee'Carohna
Transportation Permitting Unit Natima lly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] FAX [phone] / Internet htto //h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
F WA)`C
0 1 Michael F Easley, Governor
O?
p William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
\
r Coleen Sullins, Director
> _71 Division of Water Quality
o ?
4
Attachments (General Certification and Certificate of Completion form)
cc Chad Coggms, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
NaojihCarohna
Transportation Permitting Unit At!l malt
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper