20180865 Ver 1_Approval Letter_20180806

ROY COOPER
GovrrnM
MICHAEL 5. REGAN
srt.tfary
LIIJDA CULPEPPER
lrtrerim D+rrna
NORT H CARO:INA
Envlronmmta! Quaflry
Aueust 6, 3018
Martin County
NCDWR Project No.2018086�
Bridge No. �3
TIP B-5503
ANPROVAL o(401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION wi[h ADDITIONAL CONDITIONS
Mr. Jerry Jennin�s
NCDOT, Division I
I IS Airport Drive
Edenton, NC 27932
Dear Mr. lennings:
You have our approval, in accordance with die conditions lisred below, for the following impacts for the purpose of
replacio� Bridge No. >; over Collie Swamp on SR I 1�12 (Prison Camp Rd) in Martin County:
Wetland Im acfs in the Tar-Pamlicu River Basin
Wetland Fill Wetland Fill Wetland Hand Total
Si[e Permanen[ Temporary Clearing (ac)
ac ac ac
I 0.14 -- 023 037
2 -- 0.02 0.04 0.06
3 0.32 -- 0.04 036
4 -- 0.03 0.17 0.?0
Total OA6 0.05 0.48 0.99
I otal wetland impacts = U.vY acres
Buffer and O en Wa[er im acts in the Tar-Pamlico River Basi
Si[e Buffer Zone Buffer Zone 2 Open Water
1 fsa ft) fsa ftl (ac)
I 1799 1i24
2 260 108
3 3262 1895
4 213 163
rtal i,534 3,69U
hull'zr impacls = 922a square fset
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0.05
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NorthCarolina Department o! Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Cen[ei � Raleigh, North Carolina 27699-16ll
919707.9000

The project shall be constructed in accordance with your application dated received June 21, 2018. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4135 and 4133. These certifications correspond to the Nationwide Permits 14 and 12 respectively issued by the
Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259).
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.
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. If concrete is used dur-ing 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]
4. 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]
5. 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)]
6. 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)]
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 profle 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. 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)]
11. 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)]

12. 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 IVorth 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]
13. 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)]
14. 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, or 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)]
15. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico Buffer without prior approval by the NCDWR. At this time, the NCDWR 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
16. 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]
17. 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)]
18. 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)]
19. 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 position and
then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the bottom ofthe surface water. [15A NCAC 02H .0506(b)(3)]

20. Bridge piles and bents shall be consh-ucted 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)]
21. 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)
22. The post-construction removal of any 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. The reforestation plan included in your application can be used to satisfy this condition [15A
NCAC 02H .0506(b)(2)
23. 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)
24. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0259)
25. New roadside ditches that do not control for nitrogen and attenuate flow befare discharging through the riparian
buffer are prohibited [15A NCAC 2B.0259(6)]
26. 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 NCDOT 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. (15A NCAC 2B.0259)
27. 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)] ,
28. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
29. 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 or 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]
30. 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)]
31. 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]
32. 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, shall 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)]

If you wish to contest any statement in the attached Certification you must file a petition for an administrative
heazing. 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 Heazings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday tivough 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 fa�ced-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 Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Departrnent of Em'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Ac[. If you
have any questions, please contact Garcy Ward at [phone] or [e-mail].
incerely, ^
/ �
,
�y i�' ,
vLi Culpepper, [nterim Director
Division of Water Resources
ElecVonic copy only distribu[ion:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Paul Williams, NCDOT, Division 1
Garcy Ward, NC Division of Water Resources Washingon Regional Of�ice
File Copy

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NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 not necessary to send certificates from
all of these.
App[icant's Certification
I, , 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:
Agent's Certification
I, , 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 Certification
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 substantia] 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.
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000
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