20141326 Ver 1_Approval Letter_20150203

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MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van tier Vaart
Governor Secretary
February 3, 2015 .
Wake County
NCDWR Project No. 201.41326
Brdige 467 on SR 1348
State Project No. 17BP.5.R.45
APPROVAL of 401 WATER (QUALITY CERTIFICATION and NEUSE SUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. J. Hopkins, P.E'., Division 'Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have out- approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 467 in Wake County:
_ Stream Impacts in the Neese River Basin
Site Ripran Stabilization to Perennial Stream (linear ft) Total Strearn Impact (linear ft)
Total
26
Total Stream Impact for Project: 26 linear feet.
Neese Riparian Buffer Impacts
26
Site
Zone 1
Irnpact(sqft)
Zone I Buffer Mitigation
Required (using 3.1 ratio)
Zone 2 Impact
(sq ft)_ _.._
Zone 2 Buffer Mitigation Required
(using 1.5:1 ratio)
Totals
10965
0
6857
0
Total Buffer Impact for Project: 17822 square feet.
The project shall be constructed in accordance with your application dated December 30, 2014, fifer reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is
also valid for the Neuse Riparian 'Buffer Rules (1.5A NCAC 28.0233). 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. '1 "his approval will expire with the
accompanying 404 permit.
1617 bail Service Center, Raleigh, North Carolina 27699,-1617
PhoneA19- 807 -6 t'00 i Internet, www.ncdenr.gov
An Equal Opparhg y l AfflinflaUvcs &Xon [Frpfropar

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 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 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(s) and any additional conditions listed below.
Conditions of Certification:
1. 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)]
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. Please refer to the most current version of Stormwater Best Management Practices. [ 15A
NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. 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)]
4. 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. [I 5A NCAC 02H .0506(b)(3)
5. 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. [I 5A NCAC 02H .0506(b)(3)
6. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless
otherwise approved by this certification. [15A NCAC 213.0233]
7. 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. [I5A NCAC 213.0233]
8. Pursuant to I5A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone l of any
Neuse Buffer without prior approval by the NCDWR. At this time, the 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 l is not
compromised and that discharge is released as diffuse flow.
9. 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 shal I not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ 15A NCAC 02B.0200]
10. 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)]
11. 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)]
12. 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)]

13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [ I5A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
19. 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]
20. 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)]
21. 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]
22. 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.
23. 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)]
24, Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer 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. [I 5A NCAC 02H.0502(0]
25. Native riparian vegetation (i.e, trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction.[ 15A NCAC 028.0233(10)]
26. 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)]
27. 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)]:

w. The erosion and sediment cmrUn| oeuxmns for the proJect mList be donigne{, installed, operated, and
maintained in accordance with the most recent version of tile North Loro/inu Scmi//ow and Erosion
Control Planning and Design Manual.
b. 'file design, inom||adoo, operation, and maintenance of the sediment and cmoimo control mc000pos
must be such that they ogumL or exceed, the rcquinomuo\y specified in the most recent version of the
Now6 Carolina 3eJ/mon/ unl Erosion Control Momuu/. The devices sbo\8 be maintained on all
muno{moi|on sites, borrow sites, and waste pile (spoil) projccts, ioolod|nAcootractor'owued or KeoocJ
borrow pits associated with tile project.
C. For borrow pit sites, the erosion and sediment control meumor*u must be dmoigoed, ivatu|Kod, operated,
and maintained in ucuoojonme with the most ncoeut version of the Nor/6 Carolina Sa06co Alining
A/am*^/.
d. The reclamation measures and implementation Must cump|y with the reclamation in accordance with
the requirements ufthe Sedimentation Pollution Control Act.
28, Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved hy
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)
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 tile office ofAdministrative 0mrioAo within sixty (60) days nf receipt oythis notice. A petition is considered
G|cd when it is received in the office of Administrative I lcudugo during normal office hours, The Off-ice n[
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,excepr
for official state holidays. The original and one (|) copy ofthe petition Must he filed with the Office of
Administrative Hearings,
The petition may he faxed-provided the original and one copy of the document iu received by the Office oF
Administrative Hearings within five (5) business days following the faxed transmission.
'The mailing address for tile Office of Administrative Hearings is:
Office ofAdmbn istm|ive I lea6n0y
67|4 Mail Service Center
Raleigh, NC276yA'67|4
Telephone: [phone], Facsimile: (919)-43 1-3 100
A copy of tile petition must also be served on DEN R as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
|hOU Kdui| Service Center
This letter completes tile review of the Division of Water Resources under Section 401 of the Clean Water Act, |fyou
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
r
~ � �
S. Jay Zit menomn, Acting 0rmcwr
Division of Water ReS0111'CeS
Electronic copy only distribution:
EhcA|smoyer US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Oovimmmemrn| Officer
File Copy

'0 q
NCDEN M
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Came:
Date of Issuance of 401 Water {Quality Certification:.
County:
Donald van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water duality Certification or applicable Buffer Mules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form
may be returned to NCDWR 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 Certifieution
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:
Agent's Certification
Tate:
1, hereby state that, to the best ofnq 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: Tate:
Engineer's Certification
Partial Final
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 came 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.
[late
161,7 Mail SerOce Center, Raleigh, Norlh C,ardina 27699 -1617
Phone: 919 - 897 - &x5091 Vnternet: www nederrr.grry
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