20190200 Ver 2_401 Approval Letter_20240701

DocuSign Envelope ID: 12767FBO-5483-4A58-BOF8-9FACEE398F11
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARI) E. ROGERS, JR.
Director
Mr. Brandon H. Jones, PE
Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704
[e-mail]
NORTH CAROLINA
Environmental Quality
July 1, 2024
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed Replacements of Bridges 9 and 66 on NC Hwy 58 in
Franklin & Warren Counties. State Project Nos: 17BP.5.R72 and 17BP.5.R87
NCDWR Project No. 20190200 v2.
Dear Mr. Jones:
Attached hereto is a copy of Certification No. 6895 issued to The North Carolina Department of Transportation
(NCDOT) dated July 1, 2024.
This approval is for the purpose and design described in your application. The plans 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
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
CDocuSigned by:
Y80 CA32C7C3 490
Richard E. ogers, r, Director
Division of Water Resources
Attachments
Cc:
Eric Alsmeyer, USACE Raleigh Regulatory Office ([e-mail])
Heather Montague, NCDOT Division 5 Environmental Officer ([e-mail])
Mitchell Wimberley, NCDOT Division 5 Environmental Specialist ([e-mail])
Beth Harmon, NC Division of Mitigation Services ([e-mail])
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL Na 919.707.9000

DocuSign Envelope ID: 12767FBO-5483-4A58-BOF8-9FACEE398F11
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 0.32 acres of jurisdictional wetlands and
253 linear feet of jurisdictional streams in Franklin and Warren Counties. The project shall be constructed pursuant
to the application dated received May 31, 2024. This certification replaces the expired one issued February 22,
2019. The authorized impacts are as described below:
Stream Impacts in the Tar -Pamlico River Basin
Site
Bank Stabilization to Perennial
Stream (linear ft)
Temporary Dewatering to Perennial
Stream (linear ft)
Total Stream Impact
(linear ft)
1
40
82
122
2
60
71
131
Total
100
153
253
Total Stream Impact for Project: 253 linear feet.
Wetland Impacts in the Tar -Pamlico River Basin
Site
Permanent Fill (ac)
Excavation (ac)
Mechanized Clearing (ac)
Total Wetland Impact (ac)
1
0.03
0
0
0.03
2
0.14
0.01
0.09
0.24
3
0
0
0.05
0.05
Total
0.17
0.01
0.14
0.32
Total Wetland Impact for Project: 0.32 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Tar -Pamlico
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received May 31,
2024. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 150 linear feet, respectively, additional 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. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000

DocuSign Envelope ID: 12767FBO-5483-4A58-BOF8-9FACEE398F11
Conditions of Certification:
1. Compensatory mitigation for impacts to 0.32 acres of wetlands is required. We understand that you have chosen
to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation
Services (DMS) and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a
letter dated February 12, 2019 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation
Banking Instrument signed July 28, 2010.
2. In accordance with commitments made in your application for the minimization of effects to federally protected
aquatic species, NCDOT shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[b]-[e]). Any
deviation from avoidance and minimization measures included with your application shall be coordinated with
approval from NC Wildlife Resources Commission and US Fish and Wildlife Service.
3. 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)]
4. 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)]
5. 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 NCS0000250, please refer to the most
recent version of the North Carolina Department of Transportation Stormwater Best Management Practices
Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
6. 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. [15A NCAC 02H .0506(b)(3)]
7. 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, or during the removal of bents from an old bridge. [15A
NCAC 02H .0506(b)(3) ]
8. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation. [15A NCAC 2H.0506]
9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A
NCAC 02H.0506(b)(2)]
10. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
11. If multiple pipes or barrels are required, they shall be designed to mimic natural surface water cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
channel should be avoided. [15A NCAC 02H.0506(b)(2)]
12. Wetland areas impacted by temporary clearing shall be stabilized and reseeded with native wetland seed. [15A
NCAC 2H.0506(b)]
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000

DocuSign Envelope ID: 12767FBO-5483-4A58-BOF8-9FACEE398F11
13. DWR approves the stormwater drainage design as shown in the 401 application, under the assumption that it
meets the requirements of the NCDOT NPDES permit #NCS000250. These plans are enforceable by DWR.
Changes to the approved plans are prohibited without prior approval from DWR. If sediment or other pollutants are
found to be discharged from the stormwater outfalls, DWR may take enforcement action. NCDOT and DWR shall
assess the damage to water quality standards and implement an appropriate action plan to address the impacts. The
action plan shall provide an appropriate timeline for implementation as agreed upon by both DWR and NCDOT.
This may require NCDOT to obtain a modification to its current 401 and 404 permits.
14. 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 0213.0200]
15. 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)]
16. 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)]
17. 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)]
18. 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)]
19. 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)]
20. 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)]
21. 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. [I 5A NCAC
02H.0506(b)(3)]
22. 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)]
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
24. 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]
25. 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)]
2. 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)]
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000

DocuSign Envelope ID: 12767FBO-5483-4A58-BOF8-9FACEE398F11
27. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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]
28. 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.
29. 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)]
30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the "Certification of Completion Form" to notify the NCDWR when all
work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
31. 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)]
32. 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.
33. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the
top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
34. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment
and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of
sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC
02H .0506 {b)(3) and (c)(3) and 15A NCAC 02B .0200]
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000

DocuSign Envelope ID: 12767FBO-5483-4A58-BOF8-9FACEE398F11
35. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control
Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization
and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation
measures and implementation shall comply with the reclamation in accordance with the requirements of the
Sedimentation Pollution Control Act and the Mining Act of 1971. [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)
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 15013-23(a).
This the 1 st day of July 2024
I01LTA 0[67►[6]NEI%IVIatati1616111111.tilDly
DocuSigned by:
80ECA32C7C38490...
Richard E. Rogers, Jr, Director
WQC No. 6895
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARou Na 919.707.9000