20110984 Ver 1_Approval Letter_20120111

�° A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E
Gc4ernor Director
January 11 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysts
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dee Freeman
Secretary
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed replacement of Bridge Nos 12 18 and 42 on NC 11 over
the Cape Fear River and overflows in Bladen County Federal Aid Project No BRSTP 001 1(9) State
Project No 8 1421401 TIP B 4028
NCDWQ Project No 110984
Dear Dr Thorpe
Attached hereto is a copy of Certification No 3876 issued to The North Carolina Department of Transportation
( NCDOT) dated January 10 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
jh arle akild P Director
Attachments
cc Ronnie Smith US Army Corps of Engineers Wilmington Field Office (electronic copy only)
Greg Burns PE Division 6 Engineer
Jim Rerko Division 6 Environmental Officer (electronic copy only)
Chris Militscher Environmental Protection Agency (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Leilam Paugh NCDOT NEU Mitigation (electronic copy only)
John Merritt NCDOT NEU (electronic copy only)
File Copy
T ansportatlon Permitting Unit
1650 Mal Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] \ FAX [phone]
Internet http /lh2o enr state nc uslncwetlandsl
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and
95 217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
15 NCAC 2H 0500 This certification authorizes the NCDOT to impact 4 31acres of jurisdictional wetlands and
1 74 acres of surface waters in Bladen County The project shall be constructed pursuant to the application dated
received November" 2011 The authorized impacts areas descr bed below
Wetland impacts in the Cape Fear River Basin (riparian)
Location
Structure
Type
Permanent
Fill
(acre)
Temporary
Fill
(acre)
Excavation
(acre)
Mechanized
Clearing
(acre)
Hand
Clearing
(acre)
Total
Wetland
Impact
acre
Impacts
Requiring
Mitigation
acre
22 +65 L to 39 +30 L
1236 ft Bridge
001
0
0
0 0 1
0 04
006
0 02
22 +6� L to 39 +30 L
Work Bride
0
<0 01
0
0
0 12
0 12
0 00
39 +90 L to 52 +10 L
375 ft Bride
045
0
0
009
008
0 62
054
39 +90 L to 52 +10 L
Work Bride
0
0 01
0
0
0 23
024
000
52 +10 L to 69 +00 L
37� ft bride
043
0
0
0 13
0 15
0 71
0.)6
52 +10 L to 69 +00 L
Work Bridge
0
0 01
0
0
023
024
�
xv n ✓rt I'll
NOW
3+.ee €"a�M� .0
� ^' `P+t#
eewYkY
� ���. �4 S.'�i
� f�.�. mri.✓rft' r' ru
�����
g0� }00
�cttai ''� -•
Site 1 (30 +72 to 33 +40)
Aerial Power
0
0
0
0
026
026
0 00
Site 2 (32 +76 to 35 +29)
Aerial Power
0
0
0
0
03-,)
0 35
000
Site 3 (44 +32 to 44 +61)
Aerial Power
0
0
0
0
0 01
0 01
000
Site 4 (49 +15)
Trans Pole
<001
0
0
0
0
<0 01
000
Site D (49 +84 to 51 +95)
Aerial Power
0
0
0
0
023
02-)
000
Site 6 (54 +35)
Trans Pole
<0 01
0
0
0
0
<0 01
000
Site 7 (:)7 +88 to 58 +63)
Aerial Power
0
0
0
0
1 0�
1 0-,)
000
Site 8 (61 +88 to 63 +63)
Aerial Power
0
0
0
0
0 10
0 10
000
Site 9 (6.)+55)
`I rans Pole
<0 01
0
0
0
0
<0 01
000
Sitc 10 (64 +44 to 67 +45)
Aerial Power
0
0
0
0
032
0 32
0 00
Total
089
0 02
0
023
3 17
4 31
1 12
Total Wetland Impact for Project 4 31 acres
Open Water (Ponds) Impacts in the Cape Fear River Basin
Location
Structure
Permanent Fill in Open
Waters ac
Temporary Fill in Open
Waters ac
Total Fill in Open Waters
ac
22 +6� L to 39 +30 L
1236 ft Bridge
067
0
067
22 +65 L to 39 +30 L
Work Bride
0
0 01
0 01
39 +90 L to 52 +10 L
375 ft Bride
079
0
0 79
52 +10 L to 69 +00 L
37� ft Bride
027
0
027
Total
1 73
001
1 74
Total Open Water Impact for Project 1 74 acres
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines Therefore the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301 302 30.) 306 j07 of PL 92 500 and PL 95 217 if conducted in accordance
with the application and conditions hereinafter set forth
This approval is only valid for the purpose and design that you submitted in your application dated received
November 7 2007 Should your project change you are required to 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 any additional wetland impacts or stream impacts
for this project (now or in the future) exceed one acre or 150 linear feet respectively additional compensatory
mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid
you are required to comply with all the conditions listed below in addition you should obtain all other federal state

or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control
Coastal Stormwater Non discharge and Water Supply watershed regulations This Certification shall expire on the
same day as the expiration date of the corresponding Corps of Engineers Permit
Condition(s) of Certification
Project Specific Conditions
i The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site NCDWQ staff shall be invited to the
pre construction meeting
2 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 National
Marine Fisheries Service No in water work is permitted between February 15 and June 30 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
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
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 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
6 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
7 All pile driving or drilling activities within the Cape Fear River as well as any rock fill placed in surface
waters with outlets to jurisdictional resources shall be enclosed in turbidity curtains unless otherwise
approved by NCDWQ in this certification
8 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
9 All fill from the abandoned causeway shall be removed and the area graded down to the elevation of the
adjacent undisturbed natural ground
10 The project shall be constructed in accordance with the Stormwater Management Plan submitted and
dated August 4 2011
11 Compensatory mitigation for impacts to 1 12 acre of riparian wetlands is required We understand that
you have chosen to perform compensatory mitigation for impacts to wetlands 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 November 1 2011 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced
project in accordance with the North Carolina Department of Environment and Natural Resources
Ecosystem Enhancement Program In Lieu Fee Instrument signed July 28 2010

General Conditions
12 Unless otherwise approved in this certification placement of culverts and other structures in open waters
and streams 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 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 equilibr um 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 permit modification will be required
13 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
14 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
15 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodpla►ns and streams shall be restored to natural geomorphic conditions
16 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
17 The Petmittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
18 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
19 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
20 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
21 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
22 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
23 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
24 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
25 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
I-.;

26 The outside buffer wetland or water boundary located within the construction corridor approved by this
`f 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
27 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
28 The Permittee shall report anv violations of this certification to the Division of Water Quahty within 24
hours of discovery
29 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
30 Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction
31 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
32 Erosion and sediment control practices must be in full compliance with all specifications governing th-
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 protect must be designed installed operated and
maintained in accordance with the most recent version of the North Carolina Sediment and Ei osion
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 Mini%
Manual
d The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act
32 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and /or civil penalties This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and /or Coastal Area Management Act Permit This Certification shall expire upon the
expiration of the 404 or CAMA permit
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one(]) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is

Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile (919) 7 -)3 3478
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 1 lth day of January 2012
DIVISIO�N� OF WATER QUALITY
i
1A Charles Wakild P E
ln- Director
WQC No 3876

r NCDWQ Project No Count
Applicant
Project Name
Date of issuance of 401 Water Quality Certification
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certitication or applicable Bufter 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 NCDWQ 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
I 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
I 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
Date
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
Date
Registration No