20160292 Ver 1_Approval Letter_20160418

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ti JAY 7IMMF,RMAN
April 18, 2016
Franklin County
NCDWR ProjectNo. 2G160292
SR 1237
State Project No. SB.20351 1
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAll�ILICO BUFFER
AUTHORIZATION, with ADDITIONAL COND[TIONS
Mr. J. R. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge repair on SR 1237 in Franklin County:
Stream Im�acts in the Tar-Famlico River Basin __
—Site_ � Riprap & Channel Change to Perennial— T Tem�orary Dewatering to � Tatal Stream
�tream (linear it) _� �erenniai �tream�near ft) �impact (linear ft)
Total
Site
Totals
90
Total Stream Impact for Project: 150 linear feet.
150 (Concurrent)
150
Tar-pamlico Ri ar9an Buffer Im acts
Zone 1 Impact Zone 1 Buffer MitigaYion Zone 2 Impact Zone 2 Buffer Mitigation
(s ftj Re uired (usin 3:1 ratio) (s ft) Re uired (usin 1.5:1 ratio
3820 IY/A 6133 N/A
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 9953 square feet.
The project shall be cor.str�:cted in accordar.ce with your application received March 2? , 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3883
and 3885. This certification corresponds to the Nationwicie Permits 3 and 13 issued by the Corps of Engineers. This
approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC .02B .0295). In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited te)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the ?ccompa�yin� 4(?4 �ermit.
Srate of NoRh Carolira I�nvironme�tal Ouali:y', PJate: Re�o��rces
16i7 Maii Service Center, Raleiyh, Nqrth Carolina 27699-1617

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.0259. For this approval to remain valid, you must adhere to the conditions listed in
the attached certifications and any additiona: conditions listed below.
�onditions of Certification:
1. Channel relocations shall be completed and stabilized, prior to diverting water into the new channel. Stream banks
shall be riprap stabilized or matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to
native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated
channel to the maximum extent practical. [15A NCAC 02H .0506(U)(3)]
2. For any stream length 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)]
3. The stream channel shall be excavated no deeper than the natural bed material of the stream; to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)]
4. As a condition of this 401 Water Quality Certification, the bridge construction work 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. 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 perm_anently revegetated with non-woody
spec�Ps ry ±he end of rbe �ow�r.� se�son fellowin� cornp�etion of constnlctioa. Far th� o��mo�e �frr.�� cnndi±ien,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCD01'
maintenance activities includir.g mowing. The area with non-maintained buffers shall be permanently revegetated
with native woody species before the next growing season following completion of construction. [15A NCAC
2B..0259]
6. Pursuant to 15A NCAC 2B.0259(6), 'sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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. MoreovPr,
sediment and erosion control devices shall b� allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
7. 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]
8. 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)]
9. 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)]
10. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic :i ;, passage. [ I SA N CAi; 02H.0506(G)�2)j
11. The Permittee shall ensure that the fnal design drawings adhere to the permit and to the permit drawings
subrnitted for approvai. [l5A 1�TCAC 02T-I .C507 (c) an� 15A NCA.0 02H .OSOF (b)(2) and (c}(2)]

12. 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)]
13. Heavy equipment shall be operated from the banks rather than in the stream channel, to the maximum extend
possible, in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A
NCAC Q2H.0506(b;(3)]
14. 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. [ISA NCAC
02H.0506(b)(3)]
15. 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)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any reauirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements oi 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]
18. 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)]
19. The outside b�iffer, wetland or water boundary located within the �onstruction corridor approved by this authorization
sha�] be c�ewriy marke:i hy highly v�sib!e fen�in; �rior to an;� lTn� dish�rring activit:es. Imnacts to areas v��ithi_n, ±hP
fencing are prohibited unless otherwise authorized by this certification. j 15A NCAC 02H.0501 and .0502]
20. 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.
21. The Permittee shall report any violations of ihis ceriification to the Division of Water Resources within 24 hou� s of
discovery. [15A NCAC 02B.0506(b)(2)]
22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and rettun the enclosed
"Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certifcation has been
completed. [15A NCAC 02H.0502( fl]
23. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season foliowing completion of
construction.[15ANCAC 02B.0259(10)]
24. 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.�iSA N�AC 02Y,.GSOti(b)t� j a�d (�)(3)]
25. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Ceitifcati�n. [:SA NCAC 02H.050�(b)(3) and (c)(3)]

26. 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, installat:on, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the reauirements specified in the mosi recent version uf 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.
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 8: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 Adminisrrative Heari�gs
6714 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 Rob Ridings at 919-707-8786.
Sincerely,
-w
�A
V
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, LJS Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Env:ronmental Specialist
File Copy

Water Resources
ENVIRONMENIAL OU�LIiY
NCDWR Project IYo.:
Applicant:
Yroject Name:
Date of Issuance of 401 Water Quality Certification:
COUIIt)':
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S. J.�Y 'LIMMIiRMAN
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
rnay be return2d to NCDWR by the applicant, the applicart's authorized agant, cr the prcject ergi�cer. It is not
necessary to send certificates from all of these.
Applicant's Certifrculion
j, , 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
specificarions, and other supporting materials.
Siguatw�e: Date:
Ager.t's � 2stifrc�tion
� , hereby state that, to the best of my abilities, due care and diligen�e
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:
Engineer'.s Cerlifrcation
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 ror the
Permittee hereby state that, to the best of my abilities, due care and dili�ence 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
Registration No.
S[ate of Ncrth Carolina '�.invironmertal Qualit� '\4'ater Res-ources
1617 Maii Service Center, Rateigh, Norih Carolina 27699-1617
Phone [phone]G0