20191252 Ver 2_Approval Letter_20191230

DocuSign Envelope ID: C730CBOD-40C1-4F25-8533-B5E7A23ED2C7
ROY COOPER
Gm emur
MICHAEL S. RECAN
seerelcary
UNDA CIJLPEPPER
Dircrraar
NORTH CAROLINA
€nvirunmenra7l Quality
December 30, 2019
Sampson County
NCDWR Project No. 20191252v2
Bridge Replacement on US 13
TIP # B-4635
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Philip S. Harris,llI, P.E.
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Harris:
This certification rescinds and replaces the Certification issued on November 15, 2019. You have our approval, in
accordance with the conditions listed below, for the following impacts for the purpose of replacing the 137 foot 8
span bridge with a 169 foot 3 span bridge on an existing alignment using an onsite detour on US 13 in Sampson
County:
Wetland Im acts in the Ca a Fear River Basin
Site
Fill
Fill
Excavation
Mechanized
*Hand
Area
Total
Wetlands
(ac)
(temporary)
(ac)
Clearing
Clearing
under
Wetland
Requiring
(ac)
(ac)
(ac)
Bridge
Impact
Mitigation
(ac)
(ac)
Site (WB)
0.099
0.072
0.171
N/A
L 15+85 to 19+20 LT
Site (WA)
0.083
0.071
0.154
N/A
L 20+40 to 23+53 LT
Site (WE)
0.205
0.026
0.147
0.378
N/A
L 14+09 to 19+17 RT
Site ()NF)
0.025
0.021
0.046
N/A
L 21+19 to 23+37 RT
Site (WE)
0.080
0.074*
0.080
N/A
DETL 11+67 to 16+66 RT
Site (WF)
0.064
0.027*
0.064
N/A
DETL 20+00 to 21+08 RT
Transmission Lines
0.505*
N/A
N/A
L 12+93 to 19+53 LT
Transmission Lines
0.075*
N/A
N/A
L 20+27 to 21+50 LT
Nov h Cirolina Department of Ermnimmental Quality I Division of Water Rd!"vrt"
Wilmington Regional Office 1 127Cardinal Drive Extension I Wilmington Nonth Carohna 28405

DocuSign Envelope ID: C730CBOD-40C1-4F25-8533-B5E7A23ED2C7
Transmission Lines
L 21+50 to 23+58 LT
0.106*
N/A
N/A
Total
0.412
0.144
0.026
0.311
0.787*
0.893
N/A
Total Wetland Impact for Site: 0.893 acres.
*does not count towards mitigatable impacts
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Stream (linear
Stream (linear
Perennial
Perennial
(linear ft)
Requiring
ft)
ft)
Stream
Stream (linear
Mitigation
(linear ft)
ft)
(linear ft)
Site WB
100
100
N/A
L 19+20 LT/RT
Site WA
86
86
N/A
L 20+19 LT/RT
Total
186
186
N/A
Total Temporary Stream Impact for Site: 186 linear feet
The project shall be constructed in accordance with your application modification dated received December 16,
2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 4135. This certification corresponds to the General Permit 198200031 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 perennial 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). 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:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
2. 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)]

DocuSign Envelope ID: C730CBOD-40C1-4F25-8533-B5E7A23ED2C7
3. 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, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. [ 15A NCAC 02H
.0506(b)(3)
4. 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 an area that is adjacent to a body of water. [15A
NCAC 02B. 0211]
Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland
impact area from re -attaining jurisdictional wetland status; the permittee shall provide an update on the
wetland areas temporarily impacted in the onsite detour route. This update shall be conducted two
growing seasons after completion of the work at the restoration area and shall consist of photographs and a
brief report on the progress of the areas in re -attaining wetland jurisdictional status. Upon submission of
this update to the NCDWR, the permittee shall schedule an agency field meeting with the NCDWR to
determine if the wetland areas temporarily impacted by this project have re -attained jurisdictional wetland
status. If the wetland areas temporarily impacted by the onsite detour route have not re -attained
jurisdictional wetland status, the NCDWR shall determine if compensatory wetland mitigation is be
required.
General Conditions
6. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams 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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
7. 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 0213.0200]
8. 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)]
9. 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)]
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. [15A NCAC 02H.0506(b)(2)]
11. 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)]
12. 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

DocuSign Envelope ID: C730CBOD-40C1-4F25-8533-B5E7A23ED2C7
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
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. [15A NCAC 02H.0506(b)(3)]
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. [15A NCAC
02H.0506(b)(3)]
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I 5A NCAC 02H.0506(b)(3)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
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 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]
18. 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)]
19. 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)]
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. [15A NCAC
02H.0501 and .0502]
21. 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.
22. 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)]
23. 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(f)]
24. 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. [I 5A NCAC 0213.0231(a)(6)]
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. [ I 5A NCAC 02H.0506(b)(3) and (c)(3)]

DocuSign Envelope ID: C730CBOD-40C1-4F25-8533-B5E7A23ED2C7
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 [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.
27. 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)]
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
Raleigh, NC 27699-1601
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 Joanne Steenhuis at [phone] [e-mail].
Sincerely,
DOCUS' ned by:
1
80 CA C C38490... /d
Lin a u pepper, Director
Division of Water Resources

DocuSign Envelope ID: C730CBOD-40C1-4F25-8533-B5E7A23ED2C7
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, Division 3 Environmental Supervisor
Jason Dilday, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Jason Elliott, NCDOT, Natural Environment Section
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

DocuSign Envelope ID: C730CBOD-4OC1-4F25-8533-B5E7A23ED2C7
RQv COOPER
Gurrn nr
MICHAEL S. P ECA\i
Secretary
LINDA CULPEPPER
Aircrror
NCDWR Project No.:
NOk-rH CAR OLINA
Errvirnnmerrtat Quality
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.
Applicant'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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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 substantial 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.
North Carolina Drparlrum of Erwlrommental Q4wlily I Division of Watrr Rtsourcrs
e I E Q"� Wilmington Reglonal.Offlct 1 127CardInal Drlve Extershon I WilmIngron Naeth Carolina 28405
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