20120712 Ver 1_Approval Letter_20120731

� 1
� t
/
NCDENR
North Carolina Department of Environment and Natural Resources '
Division of Water Quality s
i
Beverly Eaves Perdue Charles Wakdd P E Dee Freeman fi
Director Secretary
Governor
July 31 2012 �` s
Craven County
DWQ Project No 20120712
4 Bridge 176 over Slocum Creek
p S
TIP B 4488
S
APPROVAL of 401 WATER QUALITY CERTIFICATION ind NEUSE BUFFER AUTHORIZATION with ADDITIONAL
CONDITIONS
Mr Jay Johnson
North Carolina Department of Transportation `
P U Box 1587
Greenville NC 27835
Dear Mr Johnson
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge
Number 176 over Slocum Creek on SR 1763 (Church St) in Craven County
s D ..A WnFl.,nrl —11 Q+—.— lfmnnote in the Nome, Rasm
1
The project shall be constructed in accordance with your application dated received May 4 2012 and revised application dated
received July 25 2012 After reviewing yout application we have decided that these impacts are covered by General Water Quality
Certification Number 3891 This certification corresponds to the Nationwide Permit 23 issued by the Corps of Engineers This ,
approval is also valid for the Neuse Riparian 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 the accompanying 404 permit
This 1pproval 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 pioperty 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 futui e) 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
North Carolina Division of Water Quality Internet www ncwaterquality of
943 Washington Square Mall Phone [phone]
Washington NC 27889 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
NorthCarohna '
Amorally
Buffer Zone
Buffer Zone 2
Wetland
Wetland
Excaavc tion
Sti cam
Site Number
i (sq ft)
(sq ft)
Fill (ac)
(linear ft)
Bridge 176
0
11
074
0 006
232
Net Total
1l
075
232
Impacts
1
The project shall be constructed in accordance with your application dated received May 4 2012 and revised application dated
received July 25 2012 After reviewing yout application we have decided that these impacts are covered by General Water Quality
Certification Number 3891 This certification corresponds to the Nationwide Permit 23 issued by the Corps of Engineers This ,
approval is also valid for the Neuse Riparian 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 the accompanying 404 permit
This 1pproval 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 pioperty 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 futui e) 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
North Carolina Division of Water Quality Internet www ncwaterquality of
943 Washington Square Mall Phone [phone]
Washington NC 27889 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
NorthCarohna '
Amorally

Page 2 of 5
f
F f
Project Specific Conditions
Compensatory mitigation for 2321mear feet of impact to streams is required We understand that you have chosen to perform
compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP) and that the I
EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated July 26 2012 that they will ,
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced '
project in accordance with the Tri Party MOA signed on July 22 2003 and the Dual Party MOA signed on April 12 2004
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 No in water work is permitted between February 15 and September 30 of �rf
any year without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission In a
addition the permittee shall conform with the NCDOT policy entitled Stream Crossing Guidelines for Anadromous Fish Passage ,
(May 12 1997) at all times
Channel relocations shall be completed and stabilized and approved on site by DWQ staff prior to diverting water into the new
channel Stream banks shall be matted with coir fiber matting Vegetation used for bank stabilization shall be limited to native
riparian vegetation and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum
extent practical Also rip rap may be allowed if it is necessary to maintain the physical integrity of the stream but the applicant
must provide written justification and any calculations used to determine the extent of rip rap coverage requested Once the
stream has been turned into the new channel it may be necessary to relocate stranded fish to the new channel to prevent fish kills
General Conditions
4 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards i e
(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
5 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
6 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval
7 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
8 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
9 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
x
10 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this ,
certification
11 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
a '
a
12 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
R !
iF
1

Page 4 of 5
28 Pursuant to 15A NCAC 213 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 Zone 1 is not compromised and that dist,harge is released as diffuse flow
29 All rip Irian buffets impacted by the placement of temporary till or clearing activities shall be testored to the preconstruction F° k
contours and revegetated Maintained buffers shall be permanently revegetated with non woody species by the end of the glowing
season following completion of construction For the purpose of this condition maintained buffer areas are defined 'is areas
within the transportation corridor that will be subjeu to regular NCDO I 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 U £
30 The Permittee shall report any violations of this certific ition to the Division of Water Quality within 24 hours of discovery
31 Upon completion of the project (including any impacts at associated borrow or waste site) the NCDOT Division Engmeet shall
complete and return the enclosed Certification of Completion Form to notify DWQ when all woik included in the 401
Certific,atron has been completed
32 A copy of this Watei Quality Certification shall be maintained on site at the constriction site at all times In addition the Watei
Quality Certification and all subsequent modifications if -iny shall be maintained with the Division Engmeei and the on site
protect man agei
If you do not accept any of the conditions of this cc,rtifiLation you may isk tot an adjudicatory hearing You must act within 60 days
of the d ite that you receive this letter To tsk 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 lsk for i 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]
fot
Attachments (General Certification and Certificate of Completion form)
cc Tom Steffens US Army Corps of Fngineers Washington Field Office
Stephen Lane DCM Morehead City
Steve Sollod DCM Raleigh
Sonia Carrillo DWQ Transportation Peimittmg Unit
1 ile Copy
f
r
x
t