20110462 Ver 1_Approval Letter_20110707

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NC®ENit
North Carolina Department of Enviromnent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director _ Secretary
July 7, 2011
Ctlrri[uck County
DWQ Project No. 20110462
Bridge 3 over Tull Creek
TIP B-4494
APPROVAL of 401 WATER QUALITY CERTIFICATION 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 Number 3 over Tull Creek on SR 1232 (Poyner Road) in Currituck County:
Wnflond rm nurfc in the Pasnnntank II951n
Wetlands Fill Wetlands Stream Fill
Site Number ac Hand Clearin ac ac
Curri[uck 3 0.08 0.10 0.22
Net Total 0.18 0.22
Im acts
The project shall be constructed in accordance with your application dated received May 16, 2011. ARer reviewing
your application, we have decided that these impacts are covered by Geneml Water Quality Certification Number
3820. 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 [o) Sediment and Erosion Control, Non-Dischazge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design descnbed in your application (unless modified below).
Should your project change, you must notify [he DWQ and submit a new application. If the property i 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 m the future) exceed 150 lineaz feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Forthis approval to remain valid, you must adhere to the
conditions listed in the attached certification.
l . The issuance of this certification does not exempt the Pemtittee 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.
North Carolina Division or Water Qualiry Internet: ~r~rw ncwatemualin'.ore One
943 Washington Square Mall Phone: 252-946L4RI NOI'LI7CaLO/l/lIla
Washington, NC 27RR9 FAX [phone] ~atu1+Ql[j/
An Equal Opponun"dylAffimwtive Action Empbyer - 50% Regdedll0% Post Consumer Paper :/

Page 2 of 5
2. The permittee and its authorized agents shall conduct its activities in a manner consistent with Slate 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 standazds 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 shall ensure that the fmal design drawings adhere [o the certification and to the drawings
submitted for approval.
4. 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 and NC Division of Marine
Fisheries. No in-water work is permitted between February t5 and June 15 of any year, without prior approval
from the NC Division of Water Quality and the NC Wfldlife 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.
5. - I f concrete is used during construction, a dry work area shall be maintained to prevent diteet contact between
curing concrete and stream water. Water that inadvertently contacts uncured coucrete'shal(nof de discharged [o
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
6. 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.
7. 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.
8. 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 paturpl geomorphic conditions.
9. Heavy equipment shall be operated from the banks rather than in [he stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
10. 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.
t 1. No rock, sand or other materials shalt he dredged from the stream channel except where authorized by this
certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
14. 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.
15. Native riparian vegetation (ex. list trees and sluvbs 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.

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16. 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 requved since that is a direct impact
from road construction activities.
17. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design; msallation 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. .Fo;:borrq}v~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.
18. 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.
19. The post-construction removal of any temporary bridge structures must return the project site to its
preconstrnction contours and elevations. The impacted azeas shall be revegetated with appropriate native
species.
20. 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.
21. All bridge construcfion shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions iequire bazges, they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should
bazges be dragged along the bottom of the surface water.
22. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
23. Bridge deck drains shall not discharge directly into the stream. Stomrwater 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 crurent version of Stormwater Best Management Practices.
24. 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.
25. The Permittee shall report any violations of this certificafion to the Division of W ater Quality within 24 hours of
discovery.
26. 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.

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27. 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.
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 I SOB of the North Cazolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Cerrter, 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 Gazcy Ward at [phone].
Sin ly,
fo "'Col en u
Attachments (General Certification and Certificate of Completion form)
cc: Clay Willis, DOT Division 1 Environmental Officer
BiII Biddlecome, US Army Corps of Engineers, Washington Field Office
St~eephen Lane, DCM, Morehead City
~/Sonia Carrillo, NC DWQ, 401/Wetlands Unit
File Copy