20110101 Ver 1_Approval Letter_20110506

NC®ENR
North Carolina Department of Envirorunent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
May 6, 2011
Beaufort County
DWQ Project No. 20110101
Bridge 51 over Broad Creek
TIP B-4413
APPROVAL of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 51 over Broad Creek on US 264 in Beaufort County:
Wetland and Stream Impacts in the Tar-Pamlico Basin
Wetlands Wetlands
Wetlands Fill Stream
Site Number (Be) Mechanized Clearing Excavation Linear feet
ac ac
Beaufort 51 0.33 0.24 0.01 I 1
Net Total
0.58
fir(
t r
t
Impacts ,,
Y
Riparian Buffer Im acts in the Tar-Pamlico Basin
Site Zone 1 minus = Zone 1 Zone 1 Buffer z: - Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation A; Impact Wetlands Buffers Mitigation
(sq ft) in Zone I wetlands) Required 3'.` (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 31370 0 3,370 n/a* 2,176 0 2,176 n/a*
1 1,130 2 1,128 3,384** 782 592 190 285**
Totals 4,500 2 4,498 3,384 2,958 592 2,366 285
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
** = Parallel road impacts, mitigation required
Total Buffer Impact for Project: 7,458 square feet.
North Carolina Division of Water Quality Internet scrosv.ncoatertumliny.ore One
943 Washington Square Mall Phone: [phone] NorthCarohna
mraly
Washington, NC 27889 FAX [phone] "1?1aL ss?
An Equal OpportunitylAlfir ative Action Employer- 50%Recycled/10% Post Consumer Paper t/Y
Page 2 of 6
The project shall be constructed in accordance with your application dated received January 31, 201 land additional
information dated received April 11, 2011. After reviewing your application, we have decided that these impacts
are covered by General Water Quality Certification Numbers 3689 and 3701 . These certifications correspond to
the Nationwide Permits 13 and 23 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico
Riparian Buffer Rules (15A NCAC 2B .0259). 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 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.
1. 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.
2. 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.
3. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving
or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted
between February 15 and June 15 of any year, without prior approval from the NC Division of Water Quality
and the NC Wildlife Resources Commission. In addition, the permittee shall conform with the NCDOT policy
entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
4. Compensatory mitigation for impacts to 1,128 square feet of protected riparian buffers in Zone 1 and 190 square
feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem
Enhancement Program (EEP). Mitigation for unavoidable impacts to Tar-Pamlico Riparian Buffers shall be
provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC 2B .0259. EEP has .
indicated in a letter dated January 11, 2011 that they will assume responsibility for satisfying the 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.
5. The Penmittee shall report any violations of this certification to the Division of Water Quality within 24 hours of .
discovery.
6. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
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.
Page 3 of 6
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
16. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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.
17. Native riparian vegetation (ex. list 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.
18. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification 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.
19. 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 Erasion 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.
Page 4 of 6
20. Strict adherence to the most recent version of NCDOTs 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.
21. 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.
22. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
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.
24. 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.
25. 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.
26. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
27. Pursuant to NCACI5A 2B .0259(6), sediment and erosion control devices shall not be placed in Zone I of any
Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
28. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this
condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to
regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be
permanently revegetated, with native woody species before the next growing season following completion of
construction.
29. 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.
30. A copy of this Water Quality Certification shall 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.
Page 5 of 6
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 Garcy Ward at [phone].
ere
for C een Su ms
Attachments (General Certification and Certificate of Completion form)
cc: Jay Johnson, DOT Division 2 Environmental Officer
Stephen Lane, DCM, Morehead City
Steve Sollod, DCM, Raleigh
T Steffens, US Army Corps of Engineers, Washington Field Office
onia Carrillo, DWQ, 40UWetlands Unit
File Copy
Page 6 of 6
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to DWQ 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
1, 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:
Agent's Certification
1, 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
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
Registration No.
Date