20151310 Ver 1_Approval Letter_20160107

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Water Resources
ENVIRONMENTAL QUALITY
Site
PA"[' MCCRORY
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DONALll R. VAN DI;R VAART
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S. JAY '/,IMMF;KMAN
,�)rrc'ciar
January 7, 2016
Orange County
NCDWR Project No. 201513 ] 0
Bridge 173 on SR 1353
WBS Element 17BP.7.R.86
APPROVAL of NEUSE RIVER BASIN BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. J.M. Mills, P.E., Division Engineer
NCDOT, Division 7
P.O. Box 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 173 with a new bridge at the same location over East Fork Eno River [Index No. 27-2-3; High
Quality Waters (HQW); Nutrient Sensitive Waters (NSW); and, WS-II] on Compton Road in Orange County:
Stream Im acts in the Neuse River Basin
i emporary Fili in Permanent Fill in ��tal S�rear.� I.r:�ac±
Site Perennial Stream Perennial Stream (�inear ft)
(linear ft) (linear ft)
[I�
Total 0
Total Stream Impact for Project: 0 linear feet.
Zone 1 minus
Impact Wetlands
(sq ft) in Zone 1
(sq ft)
0
0
Neuse Ri arian Buffer Im acts
= Zone 1 Zone 1 Buffer Zone 2
Buffers (not Mitigation Impact
wetlands) Required (sq ft)
(sq ft) (using 3:l ratio)
� 6l2 - - -
(Bridge)
Totals 612 - - -
Total Buffer Impact for Project: 522 square feet.
310
310
0
U:
Sfrearn Ir.cpac�s
I�eq�iris►g
Mitigation
(linear ft)
0
0
minus = Zone 2
Wetlands Buffers
in Zone 2 (not
(sq ft) wetlands)
(s ft)
Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
The project shall be constructed in accordance with your application dated received December 15, 2015. After
reviewing your application, we have decided that these impacts are covered by the Low Impact Bridge Program.
This approvai is also valid for the Neuse Riparian Buffer Rules (15A NCAC .02B .0295). In addition, yo�! should
State of North Carolina IE�rvironmertal Quality I, Water Resources
i617 Mail Service Center. Raleiah. North Carolina 27699-16?7

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 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.0233. For this approval to remain valid, you must adhere to the conditions listed
below.
Condition(s) of Certification:
Project Speci�c Conditions
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 2B.0233(5)]
2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds per 15A
NCAC 04B .0124(a) —(e) as East Fork Eno River is classified HQW. For example, erosion and
sedimentation control measures shall be designed and constructed to provide protection from the runoff of
a 25-year storm event.
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 b�affeYs shall be pe*manently revegetated wirh native ���oody species before the next growing
season following completion of construction. (15A NCAC 2B.0233)
4. Pursuant to 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1
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 ofthe buffers
provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
5. 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)]
6. As a condition of this Buffer Authorization, 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)]
7. 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)]
8. 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. [ 1 �A NCAC 02H .0506(b j(3)]

General Conditions
1. 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
flsh 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. [I SA NCAC 02H.0506(b)(21]
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 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)]
6. The Permittee shall ensure that the fnal design drawings adhere to the permit ancl to the permit
drawinns submitted for a�provaL (15 a, NrAC 02H .�507(c) and 15A NCA� 02H .OS06 (b?{2.) and
(�)(..2)l
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
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)]
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. [ 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)]
t 0. No rock, sand or other materials sha(1 be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards �including any requirements resuiting fi�om compliance with �30�(d) afthe 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 �re necessary to assure complianc�,
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 modifcations, 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)]
15. The ouiside buffer, wetland or water boundary located within the construction corridor approved by ihis
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]
16. 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.
17. 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)]
18. Upon 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" to 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 the end of the growing season following completion of construction.[15A NCAC 02B.0233(6)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriat� mndifi_cation. Should waste or borrow sites, or access roads to waste
or borrow sites, �e l�cated in wetlands er streams, compensatory mitigation wil! be requ�rPd since that ic
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 [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
Er�osion 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.
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 (f 0) 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:OOam and S:OOpm, except

for official state holidays. The original and one ( l) 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 Oftice of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Offce of Administrative Hearings is:
Office of Administrative Hearings
ti7 i 4 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
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 Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
�
� �
, d'' q
. J Zimmerman, Director
Division of Water Resources
EtFctronic c�py or.l;� d:st,•ibutiui�:
Dave R�iley, US Army rnr�s of Eng�neers, Rale� ;h FiPi.d Offi�e
Jerry Parker, Division 7 Environmental Officer
Nicole Thomson, Division 7 Environmental Assistant ([e-mail])
Travis Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONi�1ENTAL QUAIITY
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 40l Water Quality Certification:
����r McciioxY
DONAL[) R. V,�1N DER VAAR'['
s�����r�,����
S. JAY 'L[MMF,RMAN
�
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 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned ta NCDWR by the appl�cant, the applicant's author;zed agent, ar tr�c projzct 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.
S�gnature: Date:
,��en.''s C2rtificrttoit
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:
Engiheer's Certifrcation
Partial Final
[, , 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 cther supporting materials.
Signature
Pate
Registration No.
State of North Carclina �Environmental Quality � Water Resources
1617 Mail Service Center, Raleigh, Norih Carolina 27699-1oi7
Pl�ene: 919-80?-5300