20131243 Ver 1_Approval Letter_20130117

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 17, 2014
Beaufort County
DWR Project No. 20131243
Bridge No. 53
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR - PAMLICO BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. 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 53 over Pungo River Canal on NC 99 in Beaufort County:
Buffer and Stream Impacts in the Tar - Pamlico Basin
*stream impacts due to bank stabilization
The project shall be constructed in accordance with your application dated received December 3, 2013. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification
corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Tar - Pamlico Riparian
Buffer Rules (15A NCAC 2B .0259). 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 DWR 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.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.ncwater.orq
Buffer Zone 1
Buffer Zone 2
Stream
Site Number
(sq ft)
(sq ft)
(if)
Bridge 53
5595
3707
39
Net Total
9,302
39
Impacts
*stream impacts due to bank stabilization
The project shall be constructed in accordance with your application dated received December 3, 2013. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification
corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Tar - Pamlico Riparian
Buffer Rules (15A NCAC 2B .0259). 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 DWR 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.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -87851 FAX: 919 - 733 -1290
Internet: www.ncwater.orq

Page 2 of 4
1. 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.
2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
3. 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.
4. 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.
5. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
15. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the'
construction limits of the project by the end of the growing season following completion of construction.
16. 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 construction activities.

Page 3 of 4
17. 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.
18. 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 NCDWR first.
19. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream
bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from NCDWR.
20. 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.
21. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved
by this certification.
22. Pursuant to 15A NCAC 2B .0259(6), sedimentand erosion control devices shall not be placed in Zone 1 of any Tar - Pamlico
Buffer without prior approval by NCDWR. At this time, NCDWR 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 discharge is released as diffuse flow.
23. New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in 15A NCAC 2B
.0259.
24. 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.
25. 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 NCDWR 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, NCDWR may reevaluate and modify this certification.
26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
27. 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 NCDWR when all work included in the 401
Certification has been completed.
28. 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
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 ask for a hearing. This letter completes the review of the Division of Water
Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252) 948 -3922.
Sincerely,
r6',
for Th as A. AReedeY\
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Garcy Ward, NC DWR, Washington Regional Office
File Copy