20071767 Ver 1_Approval Letter_20071214

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 14, 2007
Lenoir County
DWQ Project No. 20071767
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands (acres) Buffer Zone 1 Buffer Zone 2 Streams
Site Number
Temporary (square ft) (square ft) (sq ft)
Hand Clearing

TIP B-4172 < 0.01 2,477 1,446 0
Net Total Im acts < 0.01 3,923 0
The project shall be constructed in accordance with your application dated October 17, 2007 for the purpose of replacing _ .
Bridge number 9 over Jericho Run on NC 55 in Lenoir County. After reviewing your application, we have decided that these
impacts aze covered by General Water Quality Certification Number 3632. This certification corresponds to Nationwide
Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules { 15A NCAC 2B
.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. This
approval will expire with the accompanying 404 permit issued by the US Army Corps of Engineers (this supercedes
Condition 10 of General Certification 3632 issued March 19, 2007).
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 DWQ 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 total impacts to streams or buffers (now or in the
future) exceed 1501ineaz feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
For this approval to remain valid, you must adhere to the conditions listed in the attached certification.
1.) The pernuttee 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 Aet) and any. other
appropriate requirements of State and Federal law. If DWQ 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 fiuther
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
2.) The dimension, pattern, and profile of the stream above and below the crossing should not be modified..
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet: www.ncwaterquality.org
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3.) 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:
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.
4.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
5.) 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.
6.) 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.
7.) Heavy equipment shall be operated from the banks rather than iri the stream channel in order to minimize sedimentation ''
and reduce the introduction of other pollutants into the stream.
8.) 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.
9.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
10.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
11.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification..
12.) 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.
13.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
14.) 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 be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
15.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.

16.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. 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 DOT 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.
17.) Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
f8.) The post-construction removal of any temporary bridge structures must return the project site to its preconstrucrion
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
19.) Bridge deck drains should not discharge directly into the stream. Stormwater should 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.
20.) The pernuttee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and
National Marine Fisheries Service. No in-water work is permitted between February 15 and June 30 of any year, without
prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In addition, the
pemuttee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage
(May 12, 1997) at all times.
21.) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
22.) A copy of this Water Quality Certification shall be posted 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.
If you do not accept any of the condition's of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for. a hearing, send a written petition that conforms. to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.
This certification and its conditions are final and binding unless-you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the CIean Water Act. If you have any
questions, please contact Garcy Ward at [phone].
ely,
for oleen H. Sullins
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Jay Johnson; Division 2 Environmental Officer, NCDOT
Mr. Garcy Ward, DWQ, Washington Regional Office
C tral Files
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