20160091 Ver 1_Approval Letter_20160212

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Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
�l(Jl'C(f]lJY
DONALD R VAN DER VAART
Secreln�v
S JAY ZIMMERMAN
Du ec/nr
February 12, 2016
Orange County
NCDWR Pro�ect No 20l 60091
Bridge 75 on SR 1127
WBS Element 17BP.7 R 86
APPRO�AL of 401 WATElt QUALITY CERTI�'ICATION and Jordan Lake BUFFER
AiJTHORIZElTION, with ADDITIONAL CONDITIONS
Mr J M Mills, P E, Division Engmeer
NCDOT, Division 7
P O Box 14996
Greensboro, NC 27415
Dear Mr Mills.
You have our approval, m accordance with the condrtions listed below, for the followmg impacts for the purpose of
replacmg Bridge 75 with another bridge over New Hope Creek [Index No 16-41-1-(0 5)] m Orange County
Stream
1 L'6:1�Di 23C'�jT �S@f GII
Site Dere:►nia! Stream
(linear ft)
(Dewatering)
1 34
Total I 34
in the Caae Fear River Basin
Fermanent Fili in
Perennial Stream
(line�r ft)
Total Stream Impact for Project: 341inear feet.
'i'atal Stream imp2ct
(linear ft)
34
34
�i��am i�n�a`ts
�dequErer.g
Mitigation
(linear ft)
0
0
Jorclan I.ake Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1�uffer Zone 2 minus = Zone 2 Zone 2 Buffer
dmpact Wetlands �uffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3: Y ratio) (sq ft) wetlands) 1.5:1 ratio)
1 2,416 - - - 1,217 - - -
Totals 2,416 - - - 1,217 - - -
Total Buffer Impact for Project: 3,633 square feet.
The pro�ect shall be constructed m accordance wrth your apphcation dated received January 27, 2016 After
reviewmg your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3883. This certification corresponds to the Nationwide Permrt 3 issued by the Corps of Engineers This
a�proval is also valzd for trie Jordan Lake Ripariail Bufier Rules (15A NCAC 02B �2(i7) In addrtion, you should
State of North Ca olma �Environmental OuahY� � Wate: Resources
i617 Mad Service Center, Raleiah, Nonh Carolina 27659-1617

acqu�re any other federal, state ar local permits before you proceed wrth your pro�ect mcludmg (but not hmrted to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regularions This approval will exp�re
wtth the accompanymg 404 permit
This approval is valid solely for the purpose and design described m your application (unless modified below).
Should your pro�ect change, you must notify the NCDWR and submit a new apphcation If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complymg
with all the conditions If total wetland fills for this pro�ect (now or m the future) exceed or.e acre, or ef total
unpacts to streams (now or m the future) exceed 150 lmear feet, compensatory imtigation may be requu-ed as
described m 15A NCAC 2H 0506 (h) (6) and (7) Addrtional buffer impacts may requ�re compensatory mitigation
as described m 15A NCAC 2B 0295 For this approval to remam vahd, you must adhere to the condrtions listed m
the attached certification(s) and any additional condrtions listed below
Condition(s) of Certification:
Project Specific Conditions
1 All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocrties,
unless otherwise approved by this certification [15A NCAC 2B 0233(5)]
2 All riparian buffers impacted by the placement of temporary fill or clearmg activrties shall be restored to
the preconstruction contours and revegetated Mamtamed buffers shall be permanently revegetated with
non-woody species by the end of the growmg season followmg complehon of construction For the
purpose of this condition, mamtamed buffer areas are defined as areas withm the transportation corridor
that will be sub�ect to regular NCDOT mamtenance activrties mcluding mowmg The area wrth non-
mamtamed buffers shall be permanently revegetated with native woody species before the next growmg
season followmg completion of construction (15A NCAC 2B 0267)
3 Pursuant to 15A NCAC 2B 0267(9), sedunent and erosion control devices shall not be placed m Zone 1
of any Jordan Lake Buffer without prior approval by the NCDWR. At th�s hme, the NCDWR has
appro�ed no sed�ment and erosic�n �ont[�ol devzoes �n Z�ne 1, c��atsic�e of thP appr�ved pro�ect impac+s�
anywhere on this project Mareover, sedunent 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
4. The post-construction removal of any temporary bridge structures must return the pro�ect srte to rts
preconstruction contours and elevations The impacted areas shall be revegetated with appropriate nahve
species [15A NCAC 02H .0506(b)(2)]
5 As a condrtion of this 401 Water Quality Certification, the bridge demolition and construction must be
accomphshed m smct compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Mamtenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
0506(b)(5)]
6 For the 34 lmear feet of streams bemg impacted due to site dewatermg activrties, the site shall be graded to
its preconstruction contours and revegetated wrth appropriate native species [15A NCAC 02H.0506(b)(2)]
General Conditions
Unless otherwise approved m this certification, placement of culverts and other structures m 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 mches, and 20 percent of the culvert diameter for culverts havmg a diameter
less than 48 mches, to allow low flow passage of water and aquatic hfe Design and placement of
culverts and other structures mcludmg temporary erosion control measures shall not be conducted m a
mann�r tha� may result m dis-equilibrium oT wetlands ar streum�eds ar banlcs, ad�acent to cr upstream
and downstream of the above structures The applicant is required to provide evidence that the
equilibrium is being mamtamed if requested m wrrtmg by NCDWR If this condrtion is unable to be met
�ue to �edrock or athc;r limitmg features encountered durmg ccns�-uct�on, please ,;ontact NCDWR for
gutdance on hc�w ta pr•oceed and to �ieterm�ne whether or not a per_mit mod�fidat�on wil] be r�quired.
[15A NCAC 02H.0506(b)(2)]

2. If concrete is used during construction, a dry work area shall be mamtamed to prevent d�rect contact
between curmg concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential far elevated pH and possible aquatic hfe and
fish kills. [15A NCAC 02B 0200]
3 Durmg the construction of the pro�ect, no stagmg of equipment of any kmd is permitted in waters of
the U.S , or protected riparian buffers [15A NCAC 02H.0506(b)(2)]
4 Tne dunension, pattern and profile or the stream above and below the crossmg shali 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 hfe passage. [15A NCAC 02H 0506(b)(2)]
6 The Permittee shall ensure that the fmal design drawmgs adhere to the permit and to the permtt
drawmgs submitted for approval [15A NCAC 02H .0507(c) and 15A NCAC 02H 0506 (b)(2) and
(�)(2)l
7. All work m 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 Mamtenance Activrties manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation m flowmg water [15A NCAC 02H 0506(b)(3) and (c)(3)]
8 Heavy equipment shall be operated from the banks rather than m the stream channel m order to
mmimize sedimentation and reduce the introduction of other pollutants mto the stream. [15A NCAC
02H.0506(b)(3)]
9 All mechamzed equipment operated near surface waters must be regularly inspected and mamtamed to
prevent contamination of stre3m waters from fuels, lubricants, hydraul�c fluids, or other toxic materials.
fISP. riCAC 02H 05�5(b1(3)]
10 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)]
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 activrties m a manner consistent with State water
quahty standards (mcludmg any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other appropnate requirements of State and Federal law If the NCDWR determines that
such standards ar laws are not bemg met (mcluding the failure to sustam 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]
13 All fill slopes located in �urisdictional wetlands shall be placed at slopes no flatter than 3 1, unless
otherwise autharized by this certification [15A NCAC 02H 0506(b)(2)]
14 A copy of this Water Quality Certification shall be mamtamed on the construction srte at all tunes. In
addition, the Water Qualrty Certification and all subsequent modifications, if any, shall be mamtamed with
the Division Engmeer and the on-site project manager [15A NCAC 02H .0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
1�. 1'he outside buffe:, wetland ar water boundary located wrtr�m the construction corri�or approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbmg
activities Impacts to areas within the fencmg are prohibited unless otherwise authorized by this
certificati�n [15A NCAC 02F3 0501 an� .OSQ2]
16 The issuance of this ce!-tification does not exempt the Permittee from complymg wrth any and all statutes,
rules, regulations, or ordinances that may be imposed by other g�vernment agencies (t.P local, state, antl

federal) havmg �urisdiction, mcludmg but not hmited 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 Uivision of Water Resources within
24 hours of discovery [15A NCAC 02B 0506(b)(2)]
18 Upon completion of the pro�ect (mcludmg any impacts at associated borrow or waste srtes), the NCDOT
Division Engineer (or appomtee) shall complete and return the enclosed "Certificat:on of Completion
Form" to notify the NCD`vVR when all work uicluded m the 401 Certification has been compieted [ISA
NCAC 02H 0502( fl]
19. Nahve riparian vegetarion must be reestablished m the rtparian areas withm the construction limits of the
pro�ect by the end of the growmg season followmg complehon of construction [ 15A NCAC 02B 0267(9)]
20 There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated
wrth this permrt wrthout appropriate modification Should waste or borrow sites, or access roads to waste
or borrow srtes, be located m wetlands or streams, compensatory mitigarion will be required smce that is
a d�rect unpact from road construction activities [15A NCAC 02H 0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be m full compliance with all specifications governmg the
proper design, mstallation and operation and mamtenance 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 sedunent control measures for the pro�ect must be designed, installed, operated,
and mamtamed m accordance with the most recent version of the North Carolina Sedrment and
Erosion Control Plannzng and Design Manual
b The design, mstallation, operation, and mamtenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified m the most recent version of the
North Carolina Sedzment and Erosion Control Manual The devices shall be mamtamed on all
construction sites, borrow srtes, and waste pile (spoil) pro�ects, includmg contractor-owned or leased
borrow prts associated wrth the pro�ect.
c For bor_row ptt s�tes, the erasion anrl sed�ment con±rcl m�as»res :nust be de�ignPr_l, iT:stall�d,
operated, and mamtamed m accordance with the most recent version of the North Carolrna Surface
Mznang Manual
d The reclamation measures and implementation must comply with the reclamation m accordance
with the requirements of the Sedimentation Pollution Control Act
22 Sediment and erosion control measures shall not be placed m 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 m the attached Cert�fication you must file a petrtion for an admmistrative
hearmg You may obtam the petrtion form from the office of Admmistrative hearmgs You must file the petrtion
wrth the office of Admimstrative Hearmgs withm sixty (60) days of receipt of this notice A petttion is considered
filed when rt is recerved m the office of Admimstrative Hearmgs durmg normal office hours The Office of
Admmistrative Hearmgs accepts filmgs Monday through Friday between the hoars of 8•OOam and 5 OOpm, except
for official state holidays The origmal and one (1) copy of the petrtion must be filed with the Office of
Admmistrative Hearmgs
The petition may be faxed-provided the origmal and one copy of the document is received by the Office of
Admmistrative Hearmgs wrthm five (5) busmess days following the faxed transmission
The mailmg address for the Office of Admmistrative Hearmgs is
Office of Admmistrative Hearmgs
6714 Mail Service Center
Raleigh, NC 27o9a-57 i 4
Telephone [phone], Facsimile [phone]
A copy of the petition must alsa Ue served on DEQ as folla�vs
Mr Sam �I Hayes, General Coimsei
Department ot F,nvironmental_ Quality

1601 Mail Service Center
This letter completes the review of the Diviston of Water Resources under Section 401 of the Clean Water Act If you
have any questions, please contact Dave Wanucha at [phone] or Dave [e-mail]
Smcerely,
r,
S Jay immerman, D�rector
Division of Water Resources
Electromc copy only distribution
Dave Bailey, US Army Corps of Engmeers, Raleigh Field Office
Jerry Parker, Division 7 Env�ronmental Officer
Nicole Thomson, Division 7 Environmental Assistant (n�thomson2@ncdot gov)
Travis Wilson, NC Wildlife Resources Commission
Fil� Copy

3;
�
Water Resources
ENVIRONMENTAL �UALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certi�cation:
County:
PAT MCCRORY
Ciotielna
DONALD R VAN DER VAART
sec,rm,y
S JAY ZIMMERMAN
Un eclor
Certificate of Completion
Upon completion of all work approved withm the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is requ�red to return this certificate to the 401 Transportation Permittmg
Umt, North Carolma Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 This form
may be ret�uned to NCDWR by the applicant, the appli�ant's authonzed agent, or the pro�ect engme�r 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 withm substantial
compliance and mtent of the 401 Water Quahty Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signatare Date°
Agent'� Cert�caticn
I, , hereby state that, to the best of my abilrties, 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.
Engineer's Certification
Partial
Final �
Date•
I, , as a duly registered Professional Engineer m the State of North
Carolina, havmg 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 construchon 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
Date
�tate of North Carolma jEnvu�onmental Qual�ty � Water Resources
1617 Mad Service Center, Raleigh, North Carohna 2i699-1617
Phone 919-8�7-6300