20150751 Ver 2_Approval Letter_20191016

DocuSign Envelope ID: 8BO5C9B8-D125-457D-ADOA-9943FO2CACOF
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 16, 2019
Hyde County
NCDWR Project No. 20150751 v.2
Bridge No. 36
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO
BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton, NC 27932
Dear Mr. Williams:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge Number 36 over Smith Creek on NC 1143 (Sladesville-Credle Rd) in Hyde County:
Wetland, Stream, and Buffer Impacts in the Tar -Pamlico River Basin
Site
Wetland Fill
ac
Wetland Hand
Clearing ac)
Buffer Zone 1
(sq ft)
Buffer Zone 2
(sq ftpermanent
Streams
1
1
< 0.01
0.01
377
196
--
2
< 0.01
0.01
793
213
--
3
< 0.01
0.01
289
174
--
4
0.02
<0.01
260
230
56
Total
0.037
0.045
1719
813
56
Net Total
0.082
2,532
56
The project shall be constructed in accordance with your revised application dated received March 26, 2019 and
additional information dated received October 4, 2019. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Numbers 4132 and 4133. These certifications
correspond to the Nationwide Permits 3 and 12 respectively issued by the Corps of Engineers. This approval is also
valid for the Tar -Pamlico Riparian Buffer Rules (15A NCAC 213.0259). 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 213.0259. 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.
D Q2�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
I i NORTH CARONA
r 919.707.9000

DocuSign Envelope ID: 8BO5C9B8-D125-457D-ADOA-9943F02CACOF
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 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. [I 5A NCAC
0213.0200]
4. 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)]
5. 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)]
6. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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]
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 not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [I 5A NCAC
02H.0506(b)(2)]
9. 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)]
10. 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 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.
11. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
12. Erosion control matting in riparian areas shall not contain a plastic or 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. [I 5A NCAC 0213.0224,
.0225]

DocuSign Envelope ID: 8BO5C9B8-D125-457D-ADOA-9943FO2CACOF
13. 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)]
14. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
15. 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. [I 5A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
16. 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 of the surface water. [15A NCAC
02H.0506(b)(3)]
17. 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 prohibited without
prior written approval from NCDWR. [15A NCAC 02H.0506(b)(2)]
18. 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 NCDWR. [15A NCAC 02H.0506(b)(3)]
19. 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)]
20. 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.
21. 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)
22. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless
otherwise approved by this certification. (15A NCAC 213.0259)
23. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0259(6)]

DocuSign Envelope ID: 8BO5C9B8-D125-457D-ADOA-9943FO2CACOF
24. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO1000.
25. 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)]
26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [I 5A NCAC 02H.0506(b)(3)]
27. 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 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, NCDWR may reevaluate and
modify this certification. [15A NCAC 02B.0200]
28. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I 5A NCAC 02B.0506(b)(2)]
29. The NCDOT will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
30. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall compete the "Certification of Completion Form" to notify NCDWR when all work
included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
31. 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. [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
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 8:00am and 5:00pm, 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 Center
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
Department of Environmental Quality
1601 Mail Service Center

DocuSign Envelope ID: 8B05C9B8-D125-457D-ADOA-9943F02CACOF
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 Garcy Ward at (252)946-648 1 or [e-mail].
Sincerer
Doc Signed by:
4"'f "'
Li C>isalzpev#-D.irector
Division of Water Resources
Electronic copy only distribution:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Cathy Brittingham, NC Division of Coastal Managementl.07
Greg Daisey, NC Division of Coastal Management
Garcy Ward, NC Division of Water Resources Washington Regional Office