20091343 Ver 1_Approval Letter_20100111

NC®ENR
North Carolina Department of Environment and Natural Resources
- Division of Water Duality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor _ Director Secretary
January 11, 2010
Halifax County
NCDWQ Project No. 20091343
Bridge 35 on SR 1109
State Project No. 4SP.20421.3
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. R.E. Greene, Jr., PE, Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895
Dear Mr. Greene:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 35 with culverts in Halifax County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Fill in Perennial'
Stream linear ft Temporary Fill in Perennial
Stream linear ft Total Stream Impact
linear ft
1 40 0 40
Total 40 0 40
Total Stream Impact for Project: 40 linear.,feet.
The project shall be constructed in accordance with your application dated received December 22, 2009. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704. This certification corresponds to the General Permit 31 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.NCDWQ and submit anew 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 forthis prgiect (now or in the fimne) exceed one acre. or of total
impacts to streams (now or in the future) exceed150 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 0213.0260. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Conditions of Certification
1. Strict adherence to the most recent version of4NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of EoItineers is a condition of the 401 Water Quality Certification.
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Transportation Pem,itting Unit One
1650 mail Service Center, Raleigh, Merth Carolina 278991550 NorthCarofi na
Location. 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-i33-11861 FAX: [phone] [ K{[
Internet: httpl%h2o.encstate.nc.usiner:etiaods.,
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2. Unless otherwise approved in this certification, 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
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,,: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 NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a pemut modification will be required.
3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
4. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
5. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
6. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible
for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
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.
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.
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.
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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
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 sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
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.
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.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
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 NCDWQ 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, NCDWQ may reevaluate and modify this certification.
18. 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.
19. 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.
20. 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.
21. The Perrinif ee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
22. 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 NCDWQ when all work
included in the 401 Certification has been completed.
23. Native woody riparian vegetation (i.e., treesand shrubs native to your geographic region) must be reestablished
within the construction limits of the project by'tfe end of the growing season following completion of construction.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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.
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:
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.
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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 Rob Ridings at 919-733-9817.
Sincerely,
?yColeen H. Sullins
Director
Cc: Chad Coggins,.Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
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