20140723 Ver 1_Approval Letter_20140715

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory John E. Skvarla, III
Governor Secretary
August 15, 2014
Carteret County
DWR Project No. 20140723
TIP B -4722B
Bridge No. 33
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Richard W. Hancock, P.E., Manager(
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Dear Mr. Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge
Number 33 over the North River on US 70 in Carteret County:
Wetland and Open Water Impacts in the White Oak River Basin
The project shall be constructed in accordance with your application dated received July 10, 2014. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3 89 1. 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 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). Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC 2B .0242(9). For this approval to remain valid, you must adhere to the conditions listed in the
attached certification.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699 -1617
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -63001 FAX: 919 - 733 -1290
Internet: www.ncwater.om
Wetland
Open Water
Site Number
Wetland
Hand
Open
Temporary
Fill (ac)
Clearing
Water (ac)
(ac)
ac
Bridge 33
0.03
0.04
0.58
0.56
Total
0.07
1.14
The project shall be constructed in accordance with your application dated received July 10, 2014. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3 89 1. 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 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). Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC 2B .0242(9). For this approval to remain valid, you must adhere to the conditions listed in the
attached certification.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699 -1617
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone: 919 - 707 -63001 FAX: 919 - 733 -1290
Internet: www.ncwater.om

Page 2 of 5
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. 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.
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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The permittee shall use /Design Standards in Sensitive Watersheds /(15A NCAC 4B.0124[a] -[e]) in areas draining to HQW
waters.
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. 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.
15. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters
(HQW), or Water Supply I or II (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.

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16. 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.
17. 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. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 species.
23. 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.
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
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 DWR 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, DWR 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 DWR 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.

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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 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 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 or garcy.ward @ncdenr.gov
Sincerely, ^
for Thomas A. eeder
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, NC DOT Div. 2, electronic copy
Garcy Ward, DWR, Washington Regional Office
Travis Wilson, WRC, electronic copy
File Copy