20111052 Ver 1_Approval Letter_20120111

Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
January 11 2012
Lenoir County
DWQ Project No 20111052
Bridge 48 over Bear Creek
APPROVAL of 401 WATFR QUALITY CFRTiFiCATION, and NEUSE BUFFER AUTHORIZATION with ADDITIONAL
CONDITIONS
Mr Jay Johnson
North Carolina Department of Transportation
P O Box 1587
Greenville NC 27835
Dear Mi Johnson
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge
Number 48 over Bear Creek on SR 1326 (Mays Store Rd) in Lenoir County
Buffer and Wetland Impacts in the Neuse River Basin
The project shall be constructed in accordance with your application dated received December 1 2012 After reviewing your
application we have decided that these impacts are covered by General Water Quality Certification 3687 this certification
corresponds to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Neuse Ripai idn Buffer
Rules (15A NCAC 2B 0233) 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 tht, 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 coinpensatory
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
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 a 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 shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
North Carolina Division of Water Quality Intemet www ncwatergnahty org One
943 Washington Square Mall Phone [phone] a lln
NorthCaro
Washington NC 27889 FAX [phone] n
An Equal Opportunity/Affirmative Action Employer - 50 / Recycled /10 / Post Consumer Paper Natmally
Buffer Zonel
Buffer Zone2
Wetlands
Site Number
Fill (sq ft
Fill (sq ft
ac
Bridge 48
120
160
003
Net Total
280
003
Impacts
The project shall be constructed in accordance with your application dated received December 1 2012 After reviewing your
application we have decided that these impacts are covered by General Water Quality Certification 3687 this certification
corresponds to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Neuse Ripai idn Buffer
Rules (15A NCAC 2B 0233) 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 tht, 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 coinpensatory
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
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 a 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 shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
North Carolina Division of Water Quality Intemet www ncwatergnahty org One
943 Washington Square Mall Phone [phone] a lln
NorthCaro
Washington NC 27889 FAX [phone] n
An Equal Opportunity/Affirmative Action Employer - 50 / Recycled /10 / Post Consumer Paper Natmally

Page 2 of 4
3 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval
4 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
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 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
6 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
7 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
8 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
9 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
10 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
11 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
12 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification
13 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited
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 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved
by this certification
16 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 NCDOT 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

Page 3 of 4
17 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer
without prior approval by NCDWQ At this time 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 lone 1 is not compromised and that discharge is released as diffuse flow
18 New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in 15A NCAC 2B
0233
19 Native riparian vegetation (ex list trees and shrubs native to your geographic region) must be reestablished within the
constuction limits of the project by the end of the growing season following completion of construction
20 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 constriction activities
21 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
22 Bridge piles and bents shall be constricted using driven piles (hammer or vibratory) or drilled shaft construction methods More
specifically betting or other methods of pile driving aie prohibited without prior written approval from NCDWQ
23 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification
24 Bridge deck diams shall not discharge directly into the stream Stormwater shall be directed across the bridge and pre treated
through site appropriate means (grassed swales preformed 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 Bioengmeermg boulders or structures should be properly designed sized and installed
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
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 150B of the North
C,irohna 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]
r 1
fo(Ic
W E
Attachments (General Certification and Certificate of Completion form)
cc Tom Steffens US Army Corps of Engmeets Washington Field Office
Soma Carrillo DWQ 401 /Wetlands Unit Raleigh NC
File Copy