20140022 Ver 1_Approval Letter_20140421

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 21, 2014
Ms. Karen Fussell, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed replacements of Bridge Nos. 16 and 20 on NC 211 over
Honey Island Swamp in Brunswick County, State Project No. 17BP.3.R.26.
NCDWR Project No. 20140022
Dear Ms. Fussell:
Attached hereto is a copy of Certification N6.3989 issued to The North Carolina Department of Transportation
(NCDOT) dated April 21, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thomas A Reeder, Director
Division of Water Resources
Attachments
cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Audrey Burnette, RK &K Engineers
Cynthia Van Der Wiele, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Natural Environment Section
Steve Sollod, Division of Coastal Management
Sonia Carrillo, NCDWR Central Office
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location- 512 N Salisbury St. Raleigh, North Carolina 27604
Phone, 919 -807 -63001 FAX. 919 - 733 -1290
Internet www.ncwaterguallty.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarofina
Naturally

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 1.05 acres of jurisdictional wetlands in
Brunswick County. The project shall be constructed pursuant to the revised application dated received February 28,
2014. The authorized impacts are as described below:
Wetland lmaacts in the Lumber River Basin (riverine)
Station
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact (ac)
20 +35 to 36 +50
0.56
0
0
0.01
0.02
0.59
BR 16 & 20
0
0
0
0.01
0.06
0.07
21 +00 to 36 +00
0.23
0
0
0.16
0
039
Total
0.79
0
0
0.18
0.08
1.05
Total Wetland Impact for Project: 1.05 acres.
NOTE: applicant is proposing 1.29 acres of onsite wetland restoration by removing the existing roadway
fill for 404 permitting requirements.
The application provides adequate assurance that the discharge of fill material into the waters of the Lumber Rivei
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your revised application dated received
February 28, 2014. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts,
for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid,
you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state
or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control,
Coastal Stormwater, Non - discharge and Water Supply watershed regulations. This Certification shall expire on the
same day as the expiration date of the corresponding Corps of Engineers Permit.
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. 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.
3. 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.

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4. 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 the NCDWR.
5. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and
entrap small animals. Matting should be secured in place with staples, stakes, or wherever possible, live
stakes of native trees. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
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 shall be constructed in accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements of
the NCGO 1000.
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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR 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.
10. 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.
11. 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.
12. 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.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
14. 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 the 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.
15. 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.
16. 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.

17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. 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.
r
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
21. 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.
22. 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.
23. 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.
24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
25. 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 the
NCDWR when all work included in the 401 Certification has been completed.
26. Native riparian vegetation in 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.
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 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.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and /or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and /or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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:OOam and 5:OOpm, 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: (919) -431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 21 st day of April 2014
DIVISION OF WATER RESOURCES
Thomas A Reeder, Director --C`
Division of Water Resources
WQC No. 3989