20150981 Ver 1_Approval Letter_20151012

Pat McCrory
Governor
North Carolina Department of Environmental Quality
Donald R. van der Vaart
Secretary
October 12, 2015
Rockingham County
NCDw'K Project No. 20150931
Bridge 191 on SR 2337
WBS No. 17BP.7.R.30
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDIT[ONS
Mr. J.M. Mills, P.E., Division Engineer
NCDOT, Division 7
P.O. Box 14996
Greensboro, NC
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Bridge 191 over Jacobs Creek (Stream Index No. 22-32-0.5) with another bridge in Rockingham County:
Site
Site 1 ( SA
Stream 1
Permanent Fill in Intermittent
Stream (�inear ft)
56
� Total � 56
Total Stream Impact for Project: 56 linear feet.
in the Roanoke Rivcr Basin
Total Stream Impact
(linear ft)
56
56
Stream Impacts
Requiring Mitigation
(linear ft)
The project shall be constructed in accordance with your application dated received September 22, 2015. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3883. This certification corresponds to the (Nationwide/General) Permit 3 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-Qischarge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 pennit.
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. [f 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 I50 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7j. For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) 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)]
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
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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 ofNCDOT'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. Please refer lo the most current version of Stormwater Best
Management Practices. [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 appraval 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
�vaters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)]
General Conditions
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 downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact 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)]
2. 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]
3. 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. [15A NCAC 02H.0506(b)(2)]
4. 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)]
5. The use of rip-rap above the Normal High Water Mark shal) be minimized. Any rip-rap placed for
s±ream stabilization shall be placed �n stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. 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
(�)(2)] •
7. 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
sucn as sandbags, rock berms, cofferdams and omer diversion structures shal{ be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heary eGuipment shall be operated from the �anks 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)]

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.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except w}iere authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
I I. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
suriace waters is prohibited. [ 1 SA NCAC G2H.0506(bj(3 j]
12. The permittee and its authorized agents shal! 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, ar that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. 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)]
14. 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)]
I5. 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]
1F�. The issuance ofthis certification does not exempt the Permittee from complying with any and all statutes,
ri�les, !'eQU�STions, or ordinances tha± may bP �m�esed by other government a��_r.cies �i.�. !ocal, state; ard
tederal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Per►nittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Unon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee} shall complete and return the enclosed "Certification of Completion
Form" ta notify the NCDWR when all work included in the 401 Certification has been completed. [15A
NCAC 02H.0502(fl]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by tne end of the growing season following completion of construction. [15A NCAC
02H.0506(b)(3)]
20. 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)]
21. 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 �iSA NCAC U2H.0505(bj�3) a7d (c)(3]j:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent v�rsion of the North Carolrna Sediment and
Frosion Contro! Planning and Design lLlanunl.

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. Tne reclamation measures and implementation must comply with the reclamaiion in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. 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)]
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 B:OOam.and S:OOpm, 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: [phone], Facsimile: [phone]
A��py ofthe �e*itio:? mus± a!se be cvrved an DEQ as fellows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean ��Jater Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
n
�'�/7+---/ c�' �
�
S. Jay immerman, irector
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thompson, Division 7 Environmental Officer Assistant
Travis Wilson, NC Wildlife Resources Commission
File Copy ,

North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
co�nty:
Donald R. van der Vaart
Secretary
Certificate ef 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 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. [t is not
necessary to send certificates from all of these.
Applicant's Certifieation
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:
AgenYs Certifz�ation
1, , hereby state that, to the best of m;� abilities, due care and di�iDence
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:
E�rgineer's Certification
Partial Final
1, , 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 specificafions, and other supporting materials.
Signature
Date
Registratior. No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmative Action Employer