20120425 Ver 1_Approval Letter_20120524

Affll'�WA
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E
Governor Director
May 24 2012
Scotland County
NCDWQ Project No
Bridge 23 on US 74
TIP /State Project No
120425
B 4817
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dear Dr Thorpe
Dee Freeman
Secretary
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge 23 over Gum Swamp Creek on the westbound lane of US 74 in Scotland County
Stream Impacts in the Lumber River Basin
Site
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
2
20 +33 to 22 +35 LI LT
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
Total
linear ft
linear ft
linear ft
linear ft
0
linear ft
1
17 +34 L LT
0
0
11 *
0
11
0
3
18 +52 L
0
0
0
66
66
0
4
16 +53 L RT
0
0
] 1*
0
11
0
Total
0
0
22
66
88
0
Total Stream Impact for Protect 88 linear feet
*denotes bank stabilization
Wetland Impacts in the Lumber River Basin riverme
Site
Station
Fill
Fill
Excavation
Mechanized
Hand
Total Wetland
(ac)
(temporary)
(ac)
Clearing
Clearing
Impact (ac)
ac
ac
ac
2
20 +33 to 22 +35 LI LT
0 013
0
0
006
0
0 019
Total
0 013
0
0
006
0
0 019
Total Wetland Impact for Protect 0 019 acres
The protect shall be constructed in accordance with your application dated received May 3 2012 After reviewing
your application we have decided that these impacts are covered by General Water Quality Certification Number
3885 3891 and 3893 This certification corresponds to the Nationwide Permit 13 23 and 33 issued by the Corps of
Engineers In addition you should acquire any other federal state or local permits before you proceed with your
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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 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 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(s) and any additional conditions listed below
Condition(s) of Certification
Project Specific Conditions
1 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
2 Fabric must be placed under the temporary rip rap work pad to ensure that all material is removed in its
entirety
3 A turbidity curtain shall be used to enclose the area around the temporary work pad during its construction
and removal
4 All bridge construction and removal shall be performed from the existing bridge temporary work bridges
temporary causeways or floating or sunken barges If work conditions require barges they shall be floated
into position and then sunk The barges shall not be sunk and then dragged into position Under no
circumstances should barges be dragged along the bottom of the surface water
5 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically betting or other methods of pile driving are prohibited without prior
written approval from NCDWQ first
6 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
7 The project must be constructed in accordance with the Stormwater Management Plan date February 22 2012
and submitted with the permit application
General Conditions
8 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 equilibrium 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
9 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

27 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
28 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 protect
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
29 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
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 00pm except
for official state holidays The original and one (1) 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 [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 Mason Herndon at [phone]
Sincerely
-&L
Charles Wakild
Director

ec Ronnie Smith US Army Corps of Engineers Wilmington Field Office
Art King Division 8 Environmental Officer
Amy James NCDOT Natural Environment Section
Chris Militscher Environmental Protection Agency
Gary Jordan US Fish and Wildlife Service
Travis Wilson NC Wildlife Resources Commission
Sonia Carrillo NCDWQ Central Office
File Copy

NCDWQ Protect 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 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
Date
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