20210923_Wentworth Street Bridge_IndCert_11-14-22

DocuSign Envelope ID: E10AE746-C77F-4E6C-B002-17D4C71711AF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. W. R. Archer, PE Unit Head
NCDOT, Division 7
Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
Environmental Quality
November 14, 2022
Subject: Renewal of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for the proposed replacement of Bridge 239 (TIP No.
17BP.7.R.140) on Wentworth Street (SR 1998) over Wolf Island Creek in Rockingham County.
NCDWR Project No. 20210923; WQC WQ005234
This Individual Certification replaces the previous issued General Certification (GC) 4135,
corresponding to US Army Corps of Engineers Nationwide Permit 3 on July 28, 2021.
Dear Mr. Archer,
Attached hereto is a copy of Certification No. 005234 issued to The North Carolina Department of Transportation
(NCDOT) dated November 14, 2022.
This approval is for the purpose and design described in your renewal application received on October 6, 2022. The
pans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new application package
with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions [15A NCAC 02H.0507(d)(2)]. This certification does not relieve the
permittee of the responsibility to obtain all other required Federal, State or Local approvals before proceeding with
the project, including those regulated by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water
Supply Watershed and Trout Buffer regulations.
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H.0500.
Please contact Ryan Conchilla at 919-707-9111 or ryan.conchillagncdenr.gov if you have any question or concerns.
Sincerely
DocuSigned by:
9C9886312DCD474...
Richard E. Rogers, Jr. Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, DOT Division Enviromnental Officer

DocuSign Envelope ID: Ell 0AE746-C77F-4E6C-B002-17D4C71711AF
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 119 linear feet of jurisdictional streams and 0.01
acres of wetland impact in Rockingham County. The project shall be constructed pursuant to the renewal application
dated received October 6, 2022. The authorized impacts are as described below:
Stream Impacts in the Roanoke River Basin
Permanent Fill in
Temporary Fill in in
Stream
Perennial Stream
Perennial Stream
Total Stream
Impacts
Site
(linear ft)
(linear ft)
Impact
Requiring
(linear ft)
Mitigation
Bank stabilization
Bank stabilization
(linear ft)
1
54
65
119
-
Totals
54
65
119
-
Total Stream Impacts: 119 linear feet
Wetland Impacts in the Roanoke River Basin
Site
Hand Clearing (ac)
Total Wetland Impact (ac)
2 - 1 @ 70' 24' Cored Slab
w/ 4'-0' CAPS
0.01
0.01
Totals
0.01
0.01
Total Wetland Impacts: 0.01 acres
This approval is valid solely for the purpose and design that you submitted in your application (unless modified below).
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 total impacts to
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 are required to comply with all the conditions
listed below.
Condition(s) of Certification:
Project Specific Conditions
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. 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 NCS000250 please refer to
the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures.
3. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most recent
version ofNCDOT's Construction and Maintenance Activities Manual. [15A NCAC 02H .0507(b)(3) and (c)(3)]
E Q­North 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 �
oewemmEnwmnmemeio�ai1 r 919.707.9000

DocuSign Envelope ID: Ell 0AE746-C77F-4E6C-B002-17D4C71711AF
4. 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 (15A NCAC 02B.0224
and .0225).
5. 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)]
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. [I 5A 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,
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.
[15A 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 0213.0200]
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)]
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: Ell 0AE746-C77F-4E6C-B002-17D4C71711AF
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]):
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)]
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)
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: Ell 0AE746-C77F-4E6C-B002-17D4C71711AF
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 [phone].
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
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This the 14' day of November, 2022
DIVISION OF WATER RESOURCES
Doc�uSigned by:
n
l..J�-YV1A� 44PK�
Richard . K-81M,° .',71irector
WQC No. 005234
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 �
oewemmEnwmnmemeio�ai1 r 919.707.9000