20051035 Ver 2_Approval Letter_20070718

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 14, 2007
Craven County
DWQ Project No. 20051035 v.2
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER RULES with ADDITIONAL
CONDITIONS
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands (acres) Buffer Zone 1 Buffer Zone 2 Streams
Site Number
(square ft)
(square ft)
(acres)
Temporary
Fill Hand Clearin
TIP B-4085 0.09 0.09 2,386 2,260 0
Net Total Im acts 0.18 acres 4,646 0 acres
The project shall be constructed in accordance with your application dated July 16, 2007 for the purpose of replacing Bridge
number 212 over Bachelor Creek on SR 1005 in Craven County. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3632. This certification corresponds to
Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A
NCAC 2B .0233). 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 issued by the US Army Corps of Engineers (this
supercedes Condition 10 of General Certification 3632 issued March 19, 2007 and Condition 12 of General Certification
3634 issued March 19, 2007).
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 DWQ 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 total impacts to streams or buffers (now or in the
future) exceed 1501inear feet, compensatory mitigation maybe 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.
1.) No stream impacts are authorized with this certification, including impacts resulting from bridge support structures.
Stream impacts shall be authorized once NCDOT has submitted a modification detailing the proposed stream impact
estimates and the impacts have been approved by the Division of Water Quality.
No°e hCarolina
~atura!!y
North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] Customer Service
Internet: www.ncwaterquality.or~ Location: 2321 Crabtree Blvd. Raleigh, NC 27604 Fax [phone]
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2.) 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 DWQ 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, DWQ may reevaluate and modify this certification.
3.) 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.
4.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
5.) 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.
6.) The dimension, pattern, and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
7.) 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.
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.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
12.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
13.) 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.

14.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
15.) 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
16.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
17.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. 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 DOT
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.
18.) 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.
19.) 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.
20.) Bridge deck drains should not discharge directly into the stream Stormwater should 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.) The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission, the AUS Fish and Wildlife Service, and
National Marine Fisheries Service. No in-water work is permitted between February 15 and June 30 of any year,
without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In
addition, the permittee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous
Fish Passage (May 12, 1997) at all rimes.
22.) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed.
23.) A copy of this Water Quality Certification shall be posted 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.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447.
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 Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Garcy Ward at [phone].

Attachment s of Engineers ton Field Office
ct Corp Corps of Engineers, washing
wilnvngtonDrstn US Amy . OT
cc: Mr Wilhamwescott, ental Officer, NCD h NC 2'1699
~ Jay Johnson> Division 2 Envrronm Raleig ,
1638 Mail Serve Tonal Office
Mr. Steve Sollod, DwQ Washington Reg
Mr. Garcy ward,
Central Files
~~~~

WQC #3632
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 23 (APPROVED CATEGORICAL
EXCLUSIONS) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General 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 Quality Regulations in 15A NCAC 2H, Section .0500 and 15A
NCAC 26 .0200 for the discharge of fill material to waters and wetland areas as
described in 33 CFR 330 Appendix A (B) (23) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Number 2670 issued on January 21, 1992, Certification Number 2734
issued on May 1 1993, Certification Number 3107 issued on February 11, 1997 and
Water Quality Certification Number 3361 issued March 18, 2002 and WQC Number
3403 issued March 28, 2003. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 23 or when deemed appropriate by the Director of the
DWQ.
The State of North Carolina certifies that the specified category of activity will not
violate applicable portions of Sections 301, 302, 303, 306 and. 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of wetlands or waters (including streams)
under this General Certification requires notification to the Division of Water
Quality. Two copies shall be submitted to DWQ at the time of notification in
accordance with 15A NCAC 2H .0501(a). Written concurrence from DWQ is not
required unless any standard conditions of this Certification cannot be met;
2. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" whichever is more appropriate (available from the Division of Land
Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to
assure compliance with the appropriate turbidity water quality standard;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more
of wetlands. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from
activities classified as "allowable with mitigation" within the "Table of Uses"
section of the Buffer Rules or require a variance under the Buffer Rules. A
determination of buffer, wetland and stream mitigation requirements shall be
made for any Certification for this Nationwide Permit. The most current design
and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols. When compensatory mitigation
is required for a project, the mitigation plans must be approved by DWQ in writing
before the impacts approved by the Certification occur. The mitigation plan must
be implemented and/or constructed before any permanent building or structure on

WQC #3632
site is occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public;
4. Compensatory stream mitigation shall be required at a 1:1 ratio for not only
perennial but also intermittent stream impacts equal to or exceeding 150 feet and
that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I
and WS-II unless the project is a linear, publicly-funded transportation project,
which has a 150-foot per-stream impact allowance;
5. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of
Land Resources has released the project;
6. Measures shall be taken to prevent live or fresh concrete from coming into
contact with freshwaters of the state until the concrete has hardened;
7. In accordance with North Carolina General Statute Section 143-215.3D(e}, any
request for written concurrence fora 401 Water Quality Certification must include
the appropriate fee. If a project also requires a CAMA Permit, one payment to
both agencies shall be submitted and will. be the higher of the two fees;
8. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other river basins with Riparian Area Protection
- Rules [Buffer Rules] in effect at the time of application) requires,written
concurrence from DWQ in accordance with 15A NCAC 26.0200. Activities listed
as °exempt"from these rules do not need to apply for written concurrence under
this Certification. New development activities located in the protected 50-foot
wide riparian areas {whether jurisdictional wetlands or not) within the Neuse, Tar-
Pamlico, Randleman and Catawba River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .0200. All
new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
9. Additional site-specific conditions may be added to projects for which written
concurrence is required or requested under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
10. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day
as the expiration date of the corresponding Nationwide and Regional General
Permits, whichever is sooner;
11. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill
project shall result in revocation of this Certification for the project and may result in
criminal and/or civil penalties.

WQC #3632
The Director of the North Carolina Division of Water Quality may require submission
of a formal application for individual certification for any project in this category of activity
that requires written concurrence under this certification, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland, stream or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to
a Certification decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
ay
~~..
Alan W. Klimek, P.E.
Director
WQC # 3632

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form maybe
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Na~o~~Carolina
Transportation Permitting Unit r/VlltllCQ~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o.enr.state.nc.usincwetlands
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