20210955 approval letter.docx

DocuSign Envelope ID:CB05B783-71F6-430B-AA0B-1838CD183A28
ROY COOPER = . : . Jr >
Governor -
ELIZABETH S. BISER
Secretary '�' "'�+
S. DANIEL SMITH NORTH CAROLINA
o':'nwfronmerrter,Orrrillly
Director
February 11,2022
Pitt County
NCDWR Project No.20210955
Bridge No.38 on US 13
TIP B-4786
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr.Philip Harris
Environmental Analysis Unit Head
1598 Mail Service Center
Raleigh,NC 27699-1598
Dear Mr.Harris:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of
replacing Bridge No. 38 over the Tar River on US 13 (Memorial Drive)in Pitt County:
Wetland Impacts in the Tar-Pamlico River Basin
Site Wetland Fill Temporary(ac)
1 0.10
2 0.01
Total 0.11
Buffer Impacts in the Tar-Pamlico River Basin
Site Buffer Zone 1 Buffer Zone 2 Total
(sq ft) (sq ft) (sq ft)
1 2872 996 3,868
2 3407 2321 5,728
Total 6,279 3,317 9,596
The project shall be constructed in accordance with your application dated received December 22,2021. After
reviewing your application,we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the Regional General Permit 201902350 issued by the Corps of
Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules(15A NCAC 2B.0734).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 NCDWR 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 300 linear feet, compensatory mitigation may be required as
N E ) North Carolina Department of Environmental Quality I Division of Water Resources
y�, 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:CB05B783-71F6-430B-AA0B-1838CD183A28
described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0734.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:
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 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 Commission,the National Marine Fisheries Service
and the NC Division of Marine Fisheries. No in-water work is permitted between February 15 and September 30
of any year, without prior approval from the NC Division of Water Resources and the NC Wildlife Resources
Commission. In addition,the permittee shall conform to the NCDOT policy entitled"Stream Crossing Guidelines
for Anadromous Fish Passage(May 12, 1997)at all times.
3. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact
areas from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas
temporarily impacted by the temporary work bridge. This update shall be conducted two growing seasons after
completion of the work 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 the NCDWR, the permittee shall schedule an
agency field meeting with the NCDWR 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, the NCDWR shall determine if compensatory wetland mitigation is to be
required. [15A NCAC 02H.0506(b)(2)and(b)(3)]
4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
5. 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. [15A NCAC 02H.0501
and.0502]
6. 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. [15A NCAC 02H.0506(b)(2)]
7. 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. [15A NCAC
02H.0506(b)(3)]
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
10. 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.
[15A NCAC 02H.0506(b)(2)]
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
EerrIramwrba 919.707.9000

DocuSign Envelope ID:CB05B783-71F6-430B-AA0B-1838CD183A28
11. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act,all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H.0506{b)(3) and(c)(3)and 15A NCAC 02B.0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
b. All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11,High Quality Waters(HQW),or Outstanding Resource Waters (ORW),then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3)and(c)(3); GC 4135]
12. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
13. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can impinge and
entrap small animals. Matting should be secured in place by staples,stakes,or wherever possible live stakes of
native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0201]
14. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands,stream beds,or banks,adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two(2)months of the date that the Division of Energy,Mining and Land
Resources(DEMLR)or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3)and(c)(3)]
15. Temporary sediment and erosion control devices are allowed in Zones 1 and 2 of the riparian buffer provided
that the disturbed area is restored to preconstruction topographic and hydrologic conditions and replanted with
comparable vegetation within two months of when construction is complete. Tree planting may occur during
the dormant season.At the end of five years,any restored wooded riparian buffer shall comply with the
restoration criteria outlined in 15A NCAC 2B .0295 [15A NCAC 2B .0734(11)].
16. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H.1002
except as otherwise described in 15A NCAC 2B .0734(9).
17. As a condition of this 401 Water Quality Certification,the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
18. Bridge deck drains shall not discharge directly into the stream to the maximum extent practicable. Stormwater
shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed
scour holes,vegetated buffers,etc.)where possible before entering the stream. To meet the requirements of
NCDOT's NPDES permit NCS0000250,please refer to the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures.
[15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
EerrImmerlad 919.707.9000

DocuSign Envelope ID:CB05B783-71F6-430B-AA0B-1838CD183A28
19. All bridge construction 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. [15A NCAC 02H.0506(b)(3)]
20. 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 the NCDWR first. [15A NCAC 02H.0506(b)(2)]
21. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured,treated,and disposed of properly. [15A NCAC 02H.0506(b)(3)
22. 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,or during the removal of bents from an old
bridge.This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3)
23. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements
of the NCG01000.
24. 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. [15A NCAC 02B.0506(b)(2)]
25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
26. 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 the 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, the NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
27. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
28. The NCDOT will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)]
29. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division
Engineer shall complete the"Certification of Completion Form"to notify the NCDWR when all work included in
the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
30. 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 project manager. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
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
w.'-.r"--------D,
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
134•` 1"`""mwih1°+"� 919.707.9000

DocuSign Envelope ID:CB05B783-71F6-430B-AA0B-1838CD183A28
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 DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
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)948-3917 or [e-mail].
Sincerely_
rnDocuSignned by:
9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens,US Army Corps of Engineers,Washington Field Office
Chris Rivenbark,NC DOT,Environmental Analysis Unit
Jay Johnson,Division 2 Environmental Officer
Garcy Ward,NC Division of Water Resources Washington Regional Office
File Copy
wii-P"---------)
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
EerrIramwrba 919.707.9000