20211607_I-5898_Mayodan_GenCert_8-11-22_

DocuSign Envelope ID:8B6FE6DF-74DF-4726-8D49-AA1160331156
STATE o�
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 11,2022
Rockingham County
NCDWR Project No.20211607
NCDOT TIP Project: I-5898
US 220 at US 31 I NC 135 Interchange and
Replacement of Bridge#780074
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr.W.R.Archer,PE Unit Head
NCDOT,Division 7
Environmental Analysis Unit
1598 Mail Service Center
Raleigh,NC 27699-1598
Dear Mr.Archer:
You have our approval, in accordance with the conditions listed below, for the following impacts regarding the US
220 at US 311/NC 135 Interchange and replacement of Bridge#780074 in Rockingham County.
Stream Impacts in the Roanoke River Basin
Perm Fill in Temp.Fill in Stream Impacts
Site Perennial Stream Perennial Stream Total Stream Impact Requiring Mitigation
(linear ft) (linear ft) (linear ft) (linear ft)
S1 30 30
S2 16 16 16
S3 211 211 211
S4 7 5 12 7
S5 66 66
Totals 234 101 335 234
Total Stream Impacts: 335 linear feet
Wetland Impacts in the Roanoke River Basin
Site Perm.Fill(ac) Excavation(ac) Total Wetland Impacts Requiring
Impact(ac) Mitigation(ac)
WI <0.01 <0.01
W2 <0.01 <0.01
Totals <0.01 <0.01 <0.02 0
Total Wetland Impacts: <0.02 acres

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The project shall be constructed in accordance with your application dated received on May 6,2022.After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4135. This certification corresponds to the General Permit 50 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. No other impacts are approved, including incidental impacts. [15A NCAC
02H .0506(b)] The permittee shall report to DWR any noncompliance with, or any violation of, stream or wetland
standards[15A NCAC 02B .0200]including but not limited to sediment impacts to streams or wetlands. Information
shall be provided orally within 24 hours(or the next business day if a weekend or holiday)from the time the permittee
became aware of the non-compliance circumstances.
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 perennial streams (now or in the future) exceed 300 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 General Certification 4135,and any additional conditions listed below.
Condition(s)of Certification:
Project Specific Conditions
1. 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.
[15A NCAC 02H.0506(b)(2)
2. 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)]
3. 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
4. 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)]
5. 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)
6. 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 down stream 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,
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID:8B6FE6DF-74DF-4726-8D49-AA1160331156
please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification
will be required. [15A NCAC 02H.0506(b)(2)].
7. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
[15A NCAC 02H.0506(b)(2)]
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. [15A
NCAC 02H.0506(b)(2)]
9. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)]
11. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements
of the NCGO1000. Please note the extra protections for the sensitive watersheds.\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. [15A NCAC 02H.0506(b)(2)
12. Compensatory mitigation for impacts to 234 feet of streams in the Roanoke River Basin is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Division of Mitigation Services(DMS)(formerly NCEEP),and that the DMS has agreed to implement
the mitigation for the project. DMS has indicated in a letter dated December 30, 2021 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-
referenced project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010.
General Conditions
1. 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. [15A NCAC 02B.0200]
2. 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. [I 5A NCAC 02H.0506(b)(2)]
3. 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. [15A NCAC 02H.0506(b)(2)]
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. [15A NCAC
02H.0506(b)(2)]
5. 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)]
6. 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,
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID:8B6FE6DF-74DF-4726-8D49-AA1160331156
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3)and(c)(3)]
7. 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. [15A NCAC 02H.0506(b)(3)]
8. 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)]
9. No rock,sand or other materials shall be dredged from the stream channel except where authorized by this certification.
[I 5A NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mixtures and washing out hydro seeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
12. 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)]
13. 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)]
14. 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]
15. 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.
16. 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)]
17. Upon completion of the project(including any impacts at associated borrow or waste sites),NCDOT project engineer
(or appointee) 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. [15A NCAC 02H.0502(f)]
18. 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. [15A NCAC 02H.0506(b)(3)and(c)(3)]
19. 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 [15A NCAC 02H.0506(b)(3)and(c)(3]):
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID:8B6FE6DF-74DF-4726-8D49-AA1160331156
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.
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [15A NCAC 02H.0506(b)(3)and(c)(3)].
21. 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]
22. 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. All devices shall be maintained on
all construction sites,borrow sites,andwastepile(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.
23. 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.
This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that impacting
waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the
North Carolina Administrative Code(NCAC)2H .0500. Title 15A NCAC 2H.0500 requires certifications pursuant to
Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters,including wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any
person desiring issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment
of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina
General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding requirements
for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office
at(919)431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID:8B6FE6DF-74DF-4726-8D49-AA1160331156
If the parry filing the Petition is not the permittee, then the parry must also serve the recipient of the Certification in
accordance with N.C.G.S 15013-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H.0500.
If you have any questions,please contact Ryan Conchilla at ryan.conchilla(a-),ncdenr. og_v.
Sincerely,
nDOGUSigned by:
9C9886312DCD474...
Richard E.Rogers,Jr.Director
Division of Water Resources
Electronic copy only distribution:
David Bailey,US Army Corps of Engineers,Raleigh Field Office
Jerry Parker,DOT Division 7 Environmental Officer
Beth Harmon,Division of Mitigation Services
Ray Bode,PWS,JMT
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000