20090961 Ver 1_Approval Letter_20091013

Ail
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2009
Moore County
D W Q Project No. 090961
TIP No. B-4584
Bridge I 1 on SR 1864
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
NCDOT
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. I 1 over Little River in Moore County:
Non-riverine Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
(ac)
ac ac
Sta.13+00 0.003* 0.04 0.043*
to 15+10
RT
Sta.14+20 0.03 0.03 0.06
to 15+55
LT
Sta.17+65 0.004* 0.003* 0.007*

-
to] 8+12
Rl'
0.037* 0.073* 0.11**
Total
*estimated **maximum
Total Wetland Impact for Project: 0.11 acres.
225 Green St., Ste. 714
Fayetteville. North Carolina 28301
Phone: [phone] FAX [phone] Customer Service: 1-877-623-6748
Internet: w .h20.ennstate.nc.us
An Equal Cppoounily I ABirmalivc Acrion Employer
One
NoithCarojina
Naturallrff
Dr. Gregory J. Thorpe, Ph.D.
October 13, 2009
Page 2
The project shall be constructed in accordance with the application submitted on your behalf by Ms. E.L. Lusk, dated
August 28, 2009, received September 15, 2009. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 3701. This certification corresponds to Nationwide Permit 23 as
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-Dischargeand 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 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 in the attached certification as well as the
following:
Additional Conditions:
Placement of culverts and other structures in waters, streams, and wetlands 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 structures 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 down stream of the above structures. The
applicant is required to provide evidence that the equilibrium is being maintained if requested in writing
by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered
during construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
2. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and possible
aquatic life and fish kills.
3. 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.
4. The dimension, pattern and profile of the stream above and below the crossings should not be modified,
with the exception of the stream segment as authorized. Flood plains and streams should be restored to
natural geomorphic conditions.
5. 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.
6. Unless otherwise authorized, all work in or adjacent to stream waters shall be conducted in 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.
7. 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.
8. 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. .
Dr. Gregory J. Thorpe, Ph.D.
October 13, 2009
Page 3
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
11. 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.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
13. A copy of this Water Quality Certification shall be posted 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.
14. 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.
15. Upon completion of the project, 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.
16. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
17. 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 be located in wetlands or
streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
18. 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 Planing and Design Manual.
K The design, installation, operation, and maintenance of the sediment and, erosion control
measures must be such that they equal, or exceed, the requirements for use in sensitive
watersheds, as 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.
Dr. Gregory J. Thorpe, Ph.D.
October 13, 2009
Page 4
19. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, they shall be removed and the natural grade restored upon completion of the
project.
20. 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
woody species.
21. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and removal as approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
22. 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. Please refer to the most current version of Stormwater Best
Management Practices.
23. 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 NCDWQ first.
24. The permittee shall use Design Standards in Sensitive Watersheds[ I 5A NCAC 413.01 24(a)-(e)] in areas
draining to HQW waters. However, due to the size of the project, NC DOT shall not be required to meet
15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat,
millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15
business days of ground disturbing activities to provide erosion control. Coir fiber matting shall be used
in conjunction with appropriate seeding on disturbed soils involving steep slopes in riparian areas, and
should be secured in place with staples and wherever possible include installation of live stakes of native
trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent
groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate
seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area.
Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone
free tank is allowable at the appropriate rate for the establishment of temporary groundcover within
riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
25. No drill slurry shall be allowed to enter surface waters. This water shall be captured, treated, and
disposed of properly.
26. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
27. 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.
Dr. Gregory J. Thorpe. Ph.D.
October 1"). 2009
Page 5
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 hearing, 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 Ken Averitteat [phone].
Sincerely,
4&4v?aL .6
Coleen Sullins
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Art King, Division 8 Environmental Officer
Tim Johnson, Division Engineer, NCDOT Div. 8
Erica McLamb, NCDOT, PDEA
Kim Garvey, US Army Corps of Engineers, Wilmington Field Office
Brian Wrenn, 401/Wetlands, DOT unit
Fayetteville Regional Office
Moore.Bridge I LSR 1864.090961.401.doc