20120535 Ver 1_Approval Letter_20120808

O
CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakfld P E
Governor Director
August 8 2012
Scotland /Hoke County
NCDWQ Project No 120535
Bridge 47 on US 401
TIP No B 4273
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysts
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 47 over Lumber River on US 401 on the Scotland /Hoke County line
Wetland Imnacts in the Lumber River Basin (riverme)
Site
Location
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
ac
Impact
Requiring
Mitigation
ac
1
11 +20 to 25 +76 L
064
0
0
037
0
101
101
1
15 +95 to 24 +74 DET
0
0 54*
0
0
026
080
0
1
20 +92 to 23 +45 L RT
0
0 15
0
0
0
0 15
0
Total
064
069
0
037
026
196
1 01
Total Wetland Impact for Project 196 acres
*Includes 0 04 ac of temporary fill in hand clearing areas for erosion control measure
The project shall be constructed in accordance with your application dated received June 4 2012 and additional
information received on June 7 2012 and July 23 2012 After reviewing your 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 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 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
225 Green St Suite 714 Fayetteville NC 28301 5043
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Conditions) of Certification s
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 Areas designated as temporary fill for the detour shall be hand cleared only Ceotextile fabric must be placed t '
under the temporary fill to ensure that all material is removed in its entirety #
x
3 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 5
species
4 Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland
impact area from re attaining jurisdictional wetland status the permittee shall provide an update on the
wetland areas temporarily impacted at Site I(Sta 15 +95 to 24 +74 DET ) This update shall be conducted two
growing seasons after completion of the work at Site 1( Sta 15 +95 to 24 +74 DET ) and shall consist of
photographs and a brief report on the progress of the areas in re attaining wetland jurisdictional status Upon
submission of this update to NCDWQ the permittee shall schedule an agency field meeting with the
NCDWQ to determine if the wetland areas temporarily impacted by this project have re attained jurisdictional
wetland status If the wetland areas temporarily impacted by this project have not re attained jurisdictional
wetland status NCDWQ shall determine if compensatory wetland mitigation is be required
5 Turbidity curtains shall be used to isolate all work areas from the Lumber River including pile or casement
installation placement of riprap excavation or filling Strict adherence to the Construction and
Maintenance Best Management Practices will be required
6 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
7 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 pi for
written approval from NCDWQ first
8 The project must be constructed in accordance with the Stormwater Management Plan submitted in the
permit application and dated September 16 2010
9 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bi idge
and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffets
etc ) before entering the stream Please refer to the most current version of Stormwater Best Management
Practices
10 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr)
High Quality Waters (HQW) or Water Supply I or 11(WSI WSII) stormwater shall be directed to vegetated
buffer areas grass lined ditches or other means appropriate to the site for the purpose of pre treating storm
water runoff prior to discharging directly into streams Mowing of existing vegetated buffers is strongly
discouraged
11 Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas For the establishment of permanent herbaceous cover erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence temporary sediment ditches basins etc Matting
should be secured in place with staples stakes or wherever possible live stakes of native trees Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid which can impinge and entrap

small animals For the establishment of tempoiary groundcovei within riparian areas hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at
the appropriate rate in conjunction with the erosion control measures Discharging hydroseed mixtures and
wood or cellulose mulch into surface waters in prohibited Riparian areas are defined as a distance 25 feet
landward from top of stream bank
12 Compensatory mitigation for impacts to 1 01 acres 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 agieed to implement the mitigation for the
project EEP has indicated in a letter dated May 3 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 4
General Conditions
13 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 mannei 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
14 if concrete is used dui mg 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
15 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
16 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
}
17 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
18 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
19 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
20 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
21 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
22 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
23 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited

24 The permittee and its authorized agents shall conduct its activities in a manne► consistent with State water
quality standaids (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 dete►m►nes 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
25 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise x
authorized by this certification
26 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 protect manager
27 The outside buffer wetland or water boundary located within the construction corridor approved by this
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
28 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
29 The Pennittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
30 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
31 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction
32 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
33 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 ac,"orddilLe with
the requirements of the Sedimentation Pollution Control Act
34 Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at Site
1(Sta 15 +95 to 241-74 DET ) they shall be removed and the natural grade restored upon completion of the
project

If you wish to contest any statement in the attached Certification you must file a petition foi an admmist►ative
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 (1) copy of the petition must be filed with the Office of
� r
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 Admmistiative 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] or mason herndon @ncdenr gov
Sincerely
V4",�
Charles Wakild
Director
ec Ronnie Smith US Army Corps of Engineers Wilmington Field Office
Art King Division 8 Environmental Officer
Jason Dilday NCDOT Natural Environment Section
Chris Mihtscher Environmental Protection Agency
Gary Jordan US Fish and Wildlife Service
Travis Wilson NC Wildlife Resources Commission
Sonia Carrillo NCDWQ Central Office
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