20141007 Ver 1_Approval Letter_20141001

A P 15WA
L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory John E. Skvarla, III
Governor Secretary
October 1, 2014
Pitt County
DWR Project No. 20141007
TIP B -5100
Bridge No. 421
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR- PAMLICO BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Lynn Raynor, P.E:
City of Greenville
1500 Beatty Street
Greenville, NC 27834
Dear Mr. Raynor:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge
Number 421 over Meeting House Branch on King George Road in Greenville, Pitt County:
Stream and Wetland Impacts in the Tar - Pamlico River Basin
Buffer Impacts in the Tar - Pamlico River Basin
Stream
minus
= Zone 1
Zone 1 Buffer
Wetland
Site
Permanent
(ac)
Zone 2 Buffer
(if)
Impact
Bridge 421
30
0
Total
30
0
Buffer Impacts in the Tar - Pamlico River Basin
na = buffer impacts less than 1/3 ac and 150 linear feet. No mitigation required.
* = stormwater device in Zone 1 and Zone 2. Mitigation required.
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.rimater.ora
Zone 1
minus
= Zone 1
Zone 1 Buffer
Zone 2
minus
= Zone 2
Zone 2 Buffer
Site:
Impact
Wetlands
Buffers
Mitigation
Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone 1
(not wetlands)
Required
(sq ft)
in Zone 2
(not wetlands)
Required
(sq ft)
(sq ft)
(using 3:1 ratio)
(sq ft)
(sq ft)
(using 1.5:1
ratio)
1
303
0
303
na
1102
0
1102
na
2
770
0
770
na
0
0
0
na
3
848
0
848
na
388
0
388
na
4
45
0
45
135*
30
0
30
45*
Totals
1966
0
1966
135
1520
0
1520
45
na = buffer impacts less than 1/3 ac and 150 linear feet. No mitigation required.
* = stormwater device in Zone 1 and Zone 2. Mitigation required.
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.rimater.ora

Page 2 of 5
The project shall be constructed in accordance with your application dated received September 22. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds
to the Nationwide Permit 14 issued by the Corps of Engineers. This'approval is also valid for the Tar - Pamlico Riparian Buffer Rules
(15A NCAC 2B .0259). 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 .0260(9). For this approval to remain valid, you must adhere to the conditions listed in the
attached certification.
1. Compensatory mitigation for impacts to 45 square feet of protected riparian buffers in Zone 1 and 30 square feet of protected
riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts
to protected buffers through use of Greene Environmental Services. Mitigation for unavoidable impacts to Tar - Pamlico Riparian
Buffers shall be provided in the Tar - Pamlico River Basin and done in accordance with 15A NCAC 2B .0260(9). Greene
Environmental Services has indicated in a letter dated July 22, 2014 that they will assume responsibility for satisfying the
compensatory mitigation requirements for the above - referenced project, in accordance with Greene Environmental Services Tar
River Basin Riparian Buffer and Phosphorous Offset Umbrella Banking Instrument approved by the North Carolina Division of
Water Resources on May 1, 2013.
2. 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.
3. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.

Page 3 of 5
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.
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. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
15. 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.
16. 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.
17. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition is a condition of the
401 Water Quality Certification.
18. 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.
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.
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.
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.
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. This condition can be waived with prior approval from the NCDWR.
23. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved
by this certification.
24. Pursuant to 15A NCAC 2B .0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar - Pamlico
Buffer without prior approval by NCDWR. At this time, NCDWR has approved no sediment and erosion control devices in Zone
1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be
allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
25. New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in 15A NCAC 2B
.0259.
26. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and revegetated. 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 NCDOT 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.

Page 4 of 5
27. 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.
28. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
29. 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.
30. 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.
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. John Evans, 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. Reeder
Division of Water Resources
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington, Field Office
Phil May, Carolina Ecosystems Inc., 3040 NC Hwy 42 West, Clayton, NC, 27520
Garcy Ward, DWR, Washington Regional Office
File Copy