20160348 Ver 1_Approval Letter_20160509

Water- Resources
ENVIRONMEN I F�� CUi1L17 V
I':1�1� �1C'l'KUKY
I�OV' \Lll K. �'i�N UI;R VAART
ti. .1�1Y ZIMMH;RMAN
May 9, 2016
Durham County
NCDVdR Project No. 20 i 60348
Bridge 93 on SR 1945
State Project No. 17BP.S.R.46
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAIY BUFFER AUTHORIZATION,
with ADD1TIOlVAL CONDITIOIYS
Mr. J. R. Hopkins, P.E., Division Engineer
?�'CDOT, 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
replacing Bridge 93 with a culvert in Durham County:
Stream Im�acts in the Ca�e Fear River Basin __ ___
� Site � Permanent Fill in Perennial � Riprap Stabilization to � Temporary Dewatering to � Total Stream
i I Sfream (iinear ft) � Perenniai 5tream (iinear fi) j Perenniai Stream (linear fi) � Impact (linear it
Total _ 72 I 102
Total Stream Impact for Project: 198 linear feet.
Site
Total
Site
Totals
Wetland Im acts in the Ca e F'ear River Basin
Excavation (ac) Mechanezed C'Iear6nQ
0.01 I 0.02
Total Wetland Impact for Project: 0.03 acres.
Zone 1 Impact
77?8
Jordan Riparian Buffer I
Zone 1 Buffer Mitigation
tec�uired (usin� 3_1 ratio) __
N/A
* n/a = Impact is Allowable, no mitigation required
Total Buffer Impact for Project: 12�78 square feet.
24 I 198
ic) Total �Vetland Ir:� ac
0.03
Zone 2 Impact
4700
Zone 2 Buffer Mitigation
:eauired (usin� 1.5:1 ratio
1!/A
1'he project shall be constructed in accordance �a�ith you: application received April 8, 2016. After reviewing your
application, we have decided that these impaets are covered by General Water Quality Certification Number 3886.
Cnis cei-titication .;orresponds to the Natiam�ide nermit l� i�sued �y the Corps oT E,r�gi��eer�. Thi� appraval is also
valid for the Jordan 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 to) Sediment and
Ero�ion �ontrol,'��!�-Dis�harge zr�a WatPr Su�p�y Watt:ishFd reg��Eatior�s. Thi� app��val w�ll et�ir� w�ith the
accompanying 404 permit.
3tate of Nortl� Careiina ISnvirormental Quality ' Water Rzsources
1617 �daii Service Center. Rateigh, iJoRh Caroiina 27699-1517
Phons:919 F07-630Q

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 anplication. If the property is sold, the
new owner must be given a copy of this Certitication and approvai 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 :n 15A NCAC 2B.0267. For th:s approval to :emain valid, you must adhere to the conditions listed in
the attacuea certification and any additional conditions iisted below.
Conciitions of Certification:
1. As a condition of this 401 Water Quality Certification, the bridge demolition 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 .G507(d)(2) and 15A NCAC 02H .OSG6(b)(5)]
2. 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 aauatic 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 down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact the 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)]
3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at tlood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. f 15A
NCA.0 02.HA506�b1�?.l]
4. Riprap shall not be placed in the active thal�Neg channel ar placed in the streambed ir. a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A
NCAC 02H.0506(b)(2)]
5. 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)]
6. All stormwater runoff shall be directed as sheetflow through s�ream buffers at nan-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.0267]
7. 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 Y�e permanently revegetated with non-woody
species by the end of the growina 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 buffers shall be permanently revegetated with
native woody species before the next growing season following completion of construction. [ 15A NCAC 2B.0267]
8. Pursuant to 15A NCAC 2B.0267(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and
eros?on control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion conh-ol devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
cempromised and that discnarae is reieased as diffuse flaw.
9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
Huring cancr�te an� stream water. VVaier that inadvei �evtly contacts uncared concrete sriall .�ot Ue �isch�rged to
s�u-face wuters due to the potential for elevated pH and possible aquatic life and fish'r,ills. [15A NCAC 02B.020Q]

10. 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)]
11. 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)]
12. 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 �hanriels in such a manner tha± it does not impede aquatic life passage. [15A
Ni.AC 02H.�506(b)(2;]
13. The Permittee shall ensure tnat the final design drawings adhere to the permit and to the permit drav�ings
submitted for approval. [15A I�CAC 02H .0507 ic) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
14. 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)]
15. 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. [] SA NCAC 02H.0506(b)(3)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
?9. `I'he perr:�it±ee an!� i±s authorized agPnts shall conduct its act�vities in a rnan�er censisten± �vith Stat� water c;��a?ity
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 NCDV�IR determines t�hat such standards �r laws are noi 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]
20. 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 Divisien Engineer and
the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
21. 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±his certification. [15A NCAC 02H.0501 and .0502]
22. 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. iocal, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation cont!�ol requirements, etc.
23. The Permittee shall report any ��iolations of this cPrtification to the Division of Water Resources within 24 hours ef
discovery. [15A NCAC 02B.0506(b)(2)]
24. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all
�rork included in th� 40� C;ertificaticn has been completed. [? SA NCAC 02Fi.�J502(flj

25. 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 following completion of
construction. f 15A NCAC 02B.0267(10)] -
26. 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
c�nstructior. activities. [? SA NCAC 02H.0505(b)(3) and (c)(3)]
27. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation anc� maintPnance of such Best Management Practices in order to protect surface waters
standards [i5A NCAC 02H.0506(b)(3) and (c)(3)]:
a. The erosion and sediment control meast:res 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 �esign, 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 siies, the erosion and sediment control measures musi 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.
28. 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 zny statement in the attached Certification you must f ie a petitien 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
fiied when it is received in the otfice 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 Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]G00, Facsimile: (91�) 43 i-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environm.ental Quality
1601 ivFail 5ervic.. Center

T'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any quesrions, please contact Rob Ridings at 919-707-8786.
Sincerely,
��
v
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
File Copy

;.
, `;:�.
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Water Resources
ENVIRONME�! 1 A� OU�'�LI7 Y
NCDWR Project No.:
Applicant:
Project lYame:
Date of Issuance of 40l Water Quality Certification:
COUnfy:
I'�A I \1(�(�I�l�ltl�
Ut�'�.�I I) R_ �� 1�' I)I�IZ \��:1�11Z"I'
ti I,�l /IMMF?RMAN
Certificate oi 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 retu:T:ed ta NCDV✓P. by the appli:,ant, the applicant's auth�rized age7t, or the prcject enginzer. :t is r.oi
necessary to send certificates from all of these.
ApplicanYs Certifrcation
l, , 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.
Si�;�atu�e: Date:
fi�2isl'S �'E: i fCQiZ�It
1, , hereby state that, to the best of my abilities, due care and d:ligence
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 Certification
Partial Final
l, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, fuli time) the construction of the project for 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 E3uffer Rules, the approved plans and spec�fications, and other supporting materials.
Sig;�ature Registrat�on No.
T��te
State of Plorth Carolina ;Er.vironmental (,hia!ir� �, Warer Resources
1617 Maii Service Cenier. Raleigh, North Carolina 27639-to17
Nnone. 915-807-63C�C