20180755 Ver 1_Approval Letter_20180723

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July 23, 2018
Perquimans County
NCDWR Project No. 20180755
Bridge No.l l
TIP B-5606
APPROVAL of 401 WATER QUALITY CERTIFICATION with AIDDITIONAL CONDITIONS
Mr. Jerry Jennings
NCDOT, Division 1
118 Airport Drive
Edenton, NC 27932
Dear Mr. Jennings:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 11 over Raccoon Creek on SR 1338 (Wynne Fork Rd) in Perquimans County:
Wetland Im acts in the Pas uotank River Basin
Wetland Fill Wetland Fill �,etland Hand
Site Permanent Temporary
ac ac Clearing (ac)
Brid e 11 0.03 0.03 0.07
Total 0.13
The project shall be constructed in accordance with your application dated received June 1, 2018. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4132 and 4133. These certifications correspond to the Nationwide Permits 3 and 12 respectively 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 fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 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.0259. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
����=� ��'`�'
State of North Carolina � Environmental Quality
16i7 Mail Service Center � Raleigh, North Cazolina 27699-1617

Condition(s) of Certification:
1. 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.
2. 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)]
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 Wildlife Resources Commission. No in-water work is permitted
between February 15 and June 30 of any year, without prior approval from the NC Division of Water Resources
and the NC Wildlife Resources Commission. In addition, the permittee shall conform to the NCDOT policy entitled
"Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
4. 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]
5. 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.0501
and .0502]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times. '
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation

and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
11. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
12. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, o'r banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
13. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0201]
14. 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)] '
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. 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)]
17. 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.)
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 of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
18. 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 profiibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
19. 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 including woody species. [15A NCAC 02H .0506(b)(2)
20. 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)
21. 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)
22. 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)]
23. 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)]
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]

25. The permittee and iu suthorized agents shall conduct its activities in a manner wnsistent with State water quality
standards (induding any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. [f the NCDWR detertnines 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 fiuther conditions are necessary to assure compliance, the NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
26. The Pertnittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and retum the enclosed "Certification of Completion Form° to notify the NCDWR when
all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(fl]
28. A copy of this Water Quality Certification shall be maintained on the consWction site at all times. [n 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 (bx2) and (c)(2)]
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 accep[s filings Monday Uvough 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 Heazings
6714 Mail Service Certer
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
This letter comple[es [he review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Gazcy Ward at [phone]or [e-mail].
Sincerely,
C%i � I . �w o
�
' da Culpeppey Intenm Dvector
Division of Water Resources
Electronic copy only distribution: �
Kyle Bames, US Army Corps of Engineers, Wachingron Field Office
Paul Williams, NCDOT, Division 1
Greg Daisey, NC Division of Coas[al Management
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

ROY COOPER
GovmrM
MICHAEL S. REGAN
Srtrefmy
LINDA CULPEPPER
lrttartm Dvrcla
NORlH CARUiINA
EnWronmenta! Qaaltry
NCDWR Project No.:
Applicant:
Project Name:
Countv:
Datc of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of aIl work approved within the 401 Water Quality Certification or applicable BuRer Rules. and
any subsequen[ modifications, the applicant is required to mturn [his certificate [o the 401 Transporta[ion Permitting
Uni[, 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 applicanYs au[horized aeen[, or [he project en�ineec It is not
necessary to send certiticates from all of these.
Applicanl's Cerllflcalinn
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 ro be built within substantial
compliance and inten[ of the 401 Water Quality Certification and Buf7er Rules, the approved plans and
specifications, and other supporting marerials.
Si�nature: Date:
Agenl's Cerfifrcalion
I, , hereb}' state that, to the best of my abilities, due care and dili�ence
was used in [he observation of [he construction such [hat the construction was observed [o be buil[ within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certifrcation
Partial Final
I, , as a duly registered Prolessional Engineer in [he S[ate of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction oPthe project for the
Permittee hereby s[a[e [ha[, ro[he best of my abili[ies, due care and dilieence was used in the observation ofthe
construction such that the construction was observed to be buil[ within substantial compliance and intent of the 401
Warer Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials.
Signature
Da[e
Registration No.
�..,.. � Q��
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Stree[ I 3617 MailService Center I Raieigh, North Carolina 27699d617
919.707.9000
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