20091321 Ver 1_Approval Letter_20100521

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 21, 2010
Harnett County
NCDWQ Project No. 20091321
Bridge 46 on US 401 / NC 211
TIP No. B-4138
CORRECTION to APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director
NCDGT Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 46 in Hamett County:
Stream Impacts in the Caoe Fear River Basin
Site Permanent Impact to
Perennial Stream
linear ft Temporary Impact to
Perennial Stream
linear ft Total Stream
Impact
linear ft Stream Impacts
Requiring Mitigation
linear ft
1.. c 135 67 202.: 0
2 69 200 269 0
3 693 20 713 693
Total 897 287 1184 693
Total Stream Impact for Project: 1,184 linear feet.
Wetland Impacts in the Cane Fear River Basin
Site Permanent Fill (ac) I Mechanized Clearing ac Hand Clearing ac Total Wetland Impact ac
1 0.01 0.05 0.06 0.12
4 0.28 0.19 0.39 0.86
Total 0.29 0.24 0.45 0.98
Total Wetland Impact for Project: 0.98 acres.
The project shall be constructed in accordance with your application dated received December 15, 2009 and
additional information dated received March 11, 2010 and May 19, 2010. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Numbers 3689, 3701, and 3688.
This certification corresponds to the Nationwide Permits 13, 23 and 33 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 replaces the one issued May 20, 2010.
Transportation Pemtitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location. 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: hin I. h2o.enrstate.nc.us!nmetlandsi
NorthCarolina
Natutallry
An Enual Opportunity \ Affirmative Action Employer
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 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 and any additional conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 693 linear feet of streams at a replacement ratio of 1:1 is required. Part of
this compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of
608 linear feet of perennial stream at site 3. The onsite stream relocation shall be constructed in accordance with the
design submitted in your application. All on-site mitigation sites shall be protected in perpetuity by a conservation
easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation
geodatabase. Please be reminded that as-builts for the completed streams shall be submitted to the North Carolina
Division of Water Quality 401 Wetlands Unit with the as-builts for the rest of the project. If the parameters of this
condition are not met, then the permittee shall supply additional stream mitigation for the 608 linear feet of impacts.
All channel relocations will be constructed in a dry work area, will be completed and stabilized, and must be approved
on site by NCDWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall
be allowed to stabilize for an entire growing season. As stated in your application, the stream relocation shall have a
50-foot wide native wooded buffer planted on the western side of the stream and a 30-foot wide native wooded buffer
planted on the eastern side of the stream. A transitional phase incorporating rolled erosion control product (RECP)
and appropriate temporary ground cover is allowable.
2. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
mitigation stream segments. Riparian area success shall be determined by conducting stem counts to ensure a tree
survival rate of 320 stems/acre. The monitoring shall be conducted annually for a minimum of 3 years after:final.
planting... Photo documentation shall be utilized to document the success, of the riparian vegetation and submitted to
NCDWQ in afinal report within sixty (60) days after completing monitoring. After .3 years the NCDOT:shall contact.'
NCDWQ to schedule a site visit to "close out" the mitigation site. .

3. We understand that you have chosen to perform compensatory mitigation for the remaining 85 linear feet of:.:: _ .>
impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP. has. agreed,,-.
to implement the mitigation for the project. EEP has indicated in a letter dated December 11, 2009 that. they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-
referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MCA signed on.
April 12, 2004.
4. 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 species. ..
5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
6. Bridge deck drains should not discharge directly into the stream. Stomirwater 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.
7. 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.
8. 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.
9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ
in this certification.

10. 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.
11. 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.
12. 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. - -
13. The dimension, pattern and profile of the river above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
14. 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.
15. The Pennittee shall ensure that the final design drawings adhere to the permit and to the pemut drawings
submitted for approval.
16. 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. -
17. 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.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited:
2L. 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.
22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.. -
23: 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.
24. 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.
25. 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.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
t/
27. 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.
28. Native riparian-vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction.
29. 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.
30. 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 thermost 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.
31. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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.
Si?ncerrely,j
Coleen H. Sullins
llUllV Director
Cc: Jim Rerko, Division 6 Environmental Officer
Tom Walker, US Army Corps of Engineers, Wilmington Field Office
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Roadside Environmental Unit
Ecosystem Enhancement Program
John Merritt, NCDOT NEU
NCDWQ Fayetteville Regional Office
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