20091208 Ver 1_Approval Letter_20100108

' 74,
?A
DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen 11. Sullins Dee Freeman
GOternol' Director Secretary
Jamuar; 8.2010
Carteret County
DWQ Project No. 20091203
Bridge 33 over Deep Creek
f I I' R-3151
APPROVAL of 301 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Gregory 'I horpc, I'h.D., tinvironmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh. North Carolina, 2 7699-1 54 8
Dear Dr. Thorpe:
You have our approval. in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bi idge 43 over Deep. Creek with a tripl6 box culvert on SR 1133 in Carteret County:
Wetlands Wetlands
Stream Wetlands Fill
Site Number Mccinani cd Clearing Excavation
(linear ft) (ac)
(ac)
ac)
t 46 0.03 0 0
2 84 I 0 0 0.03
33* 0 0.05 0
I Net Total impacts 130 0.11
' temporary impact not counted toward Net Total Impacts
The project shall be constructed in accordance with your application dated received November 10, 2009. After
reviewing your application, the have decided that these impacts are covered by General Water Quality Certifications
Numbers 3,639. 3761, and 3658. These certifications correspond to the Nationwide Permits 13, 23, and 33 issued
by the Crops 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, Nut-Dischargc and Water
Supply Watershed regulation,. This approval will expire wnh 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. tills for.Ais 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 maybe required as
described in 15A NCAC 211 .0506 (h) (6) arid (7). For this app"rovai to rertiain valid, you must adhere to the
conditions listed in the attached certification.
ooh Carolina L)Msion of water Quality Imemee w,."aCN'atCLL;uai jj= - Jj?
943 Washineton Square Mail Phone: 252-946-(x481 c /Carolina
Washington. NC 27889 FAX'. 2`2-996.9215 lVa orally
An Equal oppammitlAff roam Action Employer- 50% Regcie&10% Post Consumer Paper G :/
Page 2 of 5
I. The issuance of this verification does not exempt the Permittee from complying with any and all stares, rules,
retmlations, or ordinances that may be imposed by other government agencies (i.e. Inca!, suite, and federal)
Navin^_ iuris?iicdan, imandhig but not limi!ed to appli, ab!e bu:7e r•.;!es, xn;imwoter management'uk•• ,oil
erusion and sc.fiu.¢ttlatian tont.ol requirements, etc.
2. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality osindaids f inciuding any requiremenU resulting fieun compliance with §303(d) of the Clean Water Act)
and nnv other a2prnrriate requirement: of State artd Federal law. If DWQ deem alines that such standards or
lawa art not 1 taa n t-`.m failure to viii :gin a to. n.'::eved use) m iuti 5[at, of lcd<:. of :&a•
is being violated, orthm fuahc? conditions arc necessary it, unsure eompiiance, OWll, may reevaluale and
modify this certification.
3. The Penninee shall report any violations of this certification to the Di,-ision of Water Oualuy within 24 hours of
discovery.
4. The Pemiince shall ensure that the final design dmwings adhere to the certification and to the drawings
submitted for approval.
5. 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 48 inches, and 20 percent of the culvert diameter for culverts having n diameter less than 48 inches,
to allow low flow passage of water and aquaiie life. Design and placement of culverts and other structures
including temporary erosion control measures shall not he conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down scream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by NCDWO. If this condition is unable to be met duelo bedrock or other limiting Icalures encountered
during construction, please contact NCDWQ for guidance on how to proceed and to determine whether at- not a
permit modification will be required,
6. 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 food plain clevatian and1or sills where appropriate. Widening the
stream channel should beaJoided: Stream channel widening at tht imleCor outlet 'end of structures typically
decreases water velocity causing sediment deposition that requires mere ased maintenance and disrupts aquatic
life passage.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved B.Ni P 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.
8. If concrete is used during construction,a dry w'ork.arcashall 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.
9. The use of rip-rap above the Normal High Water Mark shalt he minimized. Any rip-rap pined for stream
seahilization shall be placed in scream channels in such a manner that it does not impede aquatic life passage
10. 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.
It. The dimension, pattern and profile of the stream above and below die crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions,
12. 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.
13. 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.

Page 3 of 5
LL No rock, -sand or other materials shall he dredged from the stream channel except where authorized by this
certification.
1.. Discli,I[ h?-dro>eed mixtures nod t+asiting Dot h_odrosecders and Usher equipnrent ill or ad iace1tt to sur.":LC0
waters is prohibited.
76. All fill slopes located in jurisdictional wetland, shali be placed at slopes no iianer titan d: i, unicss otitcrnoiee
authorized by this -semi licatimt,
i? llse outside buffer, tvedand or mater txnutdary located within the construction corridor approved lis this
cer iitication shall be dcar(y marked b}' highly vismic fmcimm prior to arts land disttrhing activities. impacts to
areas within the fencing are prohibited unless otherwi_c authorized by this certification.
IS. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the prciect by the end of the growing season following completion of
c onsi mc; io .,
14. There shall be no excavation front, or waste disposal into, jurisdictional wetlands or waters- associated with this
certification without appropriate modification. Should waste or borrow sites, or access roads to haste or borrow
sites. be located in wetlands or streams, compensatory mitigation will he required since that is a direct impact
from road construction activities.
20. 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 Managcment 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 ,llanaal. -
b. The design, installation, operation, and maintenance of the sediment and erosion control mes-smes
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and F.rar ion Control Wanzial. The devices shall be mainWoed on all
constriction sites, borrow sites, and waste pile (spoil) projects; including contractor-owned or teased
horrom pits associated with the project.
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 Sne face kftmng
Llunual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
? I . Strict adherence to the most recent version of \CDQT's Best Management Practices For Bridge Demolition
and iZrnaval approved by the U8 Army Corps ol• i:ngineers is a condition of the 401 Water Quality
Certification,
32. Upon completion of the project (including any impacts at associated borrow or waste site), 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.
21 A copy of this Water Quality Certification shalt 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.
Paec A of 5
If you do not accept any of the conditions of this certification, you may ask for an ad}udicatory hearing,. You must.
act within 50 days of the date that You receive this letter. To ask for a hearing, send a written petition that conforms
;o Chapter I SOB ofthe A'ot,h I- Irnli-ra r;enemi Stanae. to the Offte-a n;' Adminisiraln c 2-Icarwgs, 671 1 *,T;6; S^r.icc
rtar. ka;ei?h_ ter:;jICa'xn ant! Its cunoawn lint In.i .,,..,'ua .a..s ..,cast, .:..:: n;:. 11": ff
1 his lcucr compicics the rc. ; o':' c :-)h isina o Pr,rc: Q=la v ta....: occ::o. ;61 €'te ??'__.. P.',.,...
have any questions, please comae; Garcy Ward at (252) 9,18.3921
Since. l`.
for l o S `tn.
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Stephen Lame, DCM, Morehead City
Jay Johnson, Division 2 Environmental Officer
'I om Steffens, US Army Corps of Engineers, Washington Field Office
Sonia Carrillo; DWQ, 401!Wetlands Unit
File Copy