20160565 Ver 1_Approval Letter_20160613

Water Resources
ENVIRONMENTAL CUALITY
I':1"I' :ti1CCIZORY
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1)UN�1L1) R. VAN U�;K VAAR1'
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S. JAY 7.IMMFRMnN
June 13, 2016
Rockingham County
NCDWR Projec� No. 2016056g
Bridge No. 169 on NC ?70 over
Cascade Creek
TIP Proje�t No. B-5343
State Project No. 46057.1.1
APPROVAL of 401 WATER QUALITY CERTIFiCATION with ADDITIONAL CONDITIOIYS
Philip S. Harris, C.P.M., P.E.
Natural Environment Section Head
NCDOT
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Harris:
You have our apnroval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 169 on NC 770 over Cascade Creek in Rockingham C�ounty:
Riverine Wetiand Im acts in the Roanoke River Basin
SitP T F�1! F'�11 F,xC�v�tion_ Niechanized 1-Iand Clearin� ; Area ���nder � Tnt�l �1Ve±lan�
� (acres) � (temporary) � (acres) � Ciearing (acres) j (acres) � Bridge � [mpact (acres)
Site 1 ' 0.01 -- _ _ _ __ _
Total 0.01 -- --
Total Wetlar�d Impact for Project: 0.01 acres.
Stream Imp�
Site Permanent Fil� Temporary Fill
in Intermittent in Intermittent
Stream Stream
(linear feet) (linear feet)
Site 2 I -- --
iotal I --
<0.0 i
<OA 1
(acrQs)
-- __ -- _ _ 0.01 _
-- -- 0.01
ts in the Roanoke River Basin
Permanent Fill Temporary Fill
in Perennial in Perennial
Stream Stream
(linear feet) (linear feet)
1S I 58
Total Stream
I m pact
(linear feet)
73
Stream Impacts
Requiring
Mitigation
-- i 1 S I 58 I 73 I --
Total Stream Impact for Project: 73 linear feet.
The project shall be constructed in accordance with your application dated received June 2, 2016. After reviewing
your application, we have decided that these impacts are cove:ed by General Water Quality Certification Numbers
3885, 3891, and 3893. These certifications correspond to Nationwide Permits 13, 23, and 33 issueci by the Corps of
Engineers. In addition, you should acq«ire any other federal, state or local perm�ts before you �roceed with your
project inciuding (but not ]imited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
re�ulations. "1'his approval will expire with the accompanying 4�4 permir.
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
�,vner rnust be gi�er z cor y o� this CP:-tificat�on ar_� apprc�val 1._etter, a�� �s therPC;� respacs;�le for �omp�,�ing �vit:� all
Stzte of North Carolina I,Em�iroiunentai (luality I Water Resoiuces
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the conditions. If total wetland fill for this project (now or in the future) exceed one acre, or if total impacts to streams
(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in ISA NCAC
2H .0506 (h) (6) and (7). For this apnroval to remain valid, you must adhere to the conditions listed in the attached
certifcation and any additional conditions Iisted below.
Condition(s) of Certif cation:
Project Specific Conditions
1. T"ne pos�-construction removal of any temporary bricige siructures 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)]
2. As a condition of this �301 Water Quality Certification, the bricige 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 P1CAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. 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 NCS00002�0, 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)]
4. All bridge construction shall be performed from the existing bridge, temporary work bridaes, temporary
causeways, or floating or sunken Uarges. Jf work conditions require barges, they shall be floated into position
and then sunk. The barges sha11 not be sunk and then dragged into position. Under no circumstances should
barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)]
5. 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
strearn channel shall be tempoi•ary anu t�e revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
6. Ta_L'• .•`es�u� srall �.�� �c izsZ� ;r:_ th� Cst�Y�lasi�r_1en� ef �emporar,' c; �2ri"iiZl7ellt �C'tiP.�CCV�: v�'ii11�11 "l�`c��1�:1
areas. For th� estabiishment of permanent herbaceous cover; erosion rontrol mattin� shall be t�sed �r
conjunction with an appropriate naiive seed rnix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporaiy sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
connol matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and enb•ap
small animals. For the establishment ef tern�orary b oundcover within riparian areas, hy�roseeding along
with wood or cellulose based hydro mulch applied rrom a fertilizer- and limestone-free tank is allowable at
the appropriate rate in conjunction with the erosion control measures. Discharging riydroseed mixtures and
wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.
7. As recommended in the Biological Opinion issued by the US Fish and Wildlife Service on May 2, 2016, the
permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4BA124(a)-(z)] in areas draining
to Cascade Creek.
8. The permittee will need to adhere to all appropriate in-water work moratoria (including thz use of pile driving
or vibration techniques) prescribed by the US Fish and Wildlife Service for the Roanoke logperch. No in-
water work is permitted between March lst and June 15th of any year, without prior approval from the NC
Division of Water Resources, the US Fish and `JVildlife Service, and the NC Wildlife Resources Commission.
In addition, the permittee shall conform to the NCDOT policy entitled "Stream Crossing Guidelines fer
Anadromous Fis1i Passage (May i2, 1997) at all times.
�er,er�H �6ndi�i�as
Unless otherwise approve� 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
�reater than 48 ir,r�zs, an� �0 ��ercent a: tre culvert diameter far cuiverts having ? diametzr iess than 48
inches, to allow ;ow flow passage �f water and a�ua�ic life. Desigr� and placement of culvets and other
s�uctures including temporary erosion conirol measures shali nat be condLcted 'u� a manner tkat may resalt
in dis-equi?ibr:um of .�etlands or streambeds or banks, adjacent t� or upsiream and dowr:stream of the above

structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWR. Ii this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [15A NCAC 02H.0506(bj(2)]
2. If concrete is used during consh-uction, 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.G2�01
3. During the construction of the project, no staging of equipment of any kind is perrriitted in waters of the U.S.,
ar prote�ted riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The diruension, pattern and profile of the stream above and beiow the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. T`he 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 man�-�er that it does not impede aquatic life passage.
[15A NCAC 02H.0506(b)(2)] �
6. 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)]
7. All work ir. or adjacent to stream waters shall be conducted in a dt�,� work area. Approv�d BMP measures
from tbe �nost cnrrent version of NCDOT Constn�ction and Maint�nanc;� 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)]
8. 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)]
9. 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
I�TrP.0 02H.0506(b)(3)]
10. Na rocx, sard ar �ti�.er �nater;als shaii be dredgzd frori ihe sirea�-n channel zxc�pt wtiere authorizeci by this
certification. �15A NCAC 02H.J506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other e�uipment in or adjacent to surface
waters is prohibited. [1�A NCAC 02H.0506(b)(3)]
12. 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) �nd any other appropriate requiremer.ts 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 fed�ral law is being violated, or that further conditions are necessary to asstvre compliance, the
NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shal: be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. 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
tl-.e Division Engineer and the cn-site project manager. [15A NCAC 02�I .0507(c) and 15A NCAC J2�I .0506
(b)(2) and (c)(2)]
15. T'he outside buffer, wetland or water boundary located within the construction corridor approved by this
autnorization shall be clearly marked by highly visible fencing prior to any land distarb:ng activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC
02H.0501 and .0502]
16. he 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) havir.g juris�?iction, ineiuding rut not limiteci to applidable �tiffer rules, st�rcn��ater management
rules, soil erosion ar.� sed:mentation conhol requirements, :,tc.

17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC t�2B.0506(b)(2)]
I8. [T��n completiar, of the project � inciuciing ��; iir_pac�s at associated barrow or waste sites), t'r►e NCUOT
L�ivision Er.gineer shall complete and return the enclosed "Cert:fc�tion of Cempletion Form" te notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
proie�t by� the �nd of the grewing season follcwing completior. cf construction. (15A NCAC 02B.0505(b)(2)j
20. 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 ar streams, compensatary mitigatian will be required since that is a direct
impact from road construction activities.[15A NCAC 02H.0506(bj(3) and (c)(3)]
21. Erosion ai�d sediment control practices must be in full compliance with ali 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.
h. The desi� , znstalla±ion, opPrat�on, and maznt?nance of the sediment ar_d er�s�er_ contr�l measures must
be such that ±hey equal, or exceed, the requirements specified ir. :he most recent version of the North
Carolina �4ediment and Erosion Control Manual. The devices shall be inaintained 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
reKui:emen±s af tre S�dir:lentation Po?lutio:: Contro? P_�t.
2�. gednr�er.i aii�i 8I'OS1Gii CGiliiGl ii10�SUi'05 Sllail nat be pi&:,e� iri WCiI3ri�S Gi WatEI'3 uniess oth�rwise approveCl
by this Certiiication. �15A NCAC U2H.OSU6(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an adrainistrative hearing.
You may obtain the petition form from the office of Administrative hearings. You must file the petition with the
off'ice of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when
it is received in th� �ffice of Administrative Hearings during normal office hours. The Office of Administrative
Heari.*�gs accegts filings Menday through Friday between the hours of 8:�Oam and S:OOpm, eYcept for official state
ho;idays. The original and one (1) copy of the petition must be filed with the Orfice of Adniinist�ative Hearings.
T'he 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 far the Office of Administrative Hearings is:
Office of Adminish-ative Hearings
6714 Mai] 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 Environmer�tal_ Quality
I601 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 Brian Wrenn at [phone] or [e-mail].
Sincerely,
�������.
S. J Zimmerman, Director �
Division of VVater Resources
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Divis�on of Mitigation Services
File Copy

; ';
Water- Resourees
ENV!RONf+�ENI-AL (�UALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 40l Water Quality Certification:
COUlltj':
F'.1l �1C'C�R(�1ZY
I)O����I ll R. V�iN l)I�,R ��",�1��RT
���-: �,. _
S. J,AY IIMNII',RMAN
Certificaie 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 tnis certificate to the 401 Transportatiun Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, ?v'C, 27699-1617. This form
r;.uy be re� ned to NCLw:� �y tr�e spplicant, the applicant's aathorized ugent, or the a.oject enginez,. it is nat
necessary to send certificates from all of these.
ApplicanYs 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 within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signaiare: Gate:
Ager!'� � ert � a� a«cr.
I, , hereby state that, to the best of m;� abil:ties, 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 Certifieation
Partial
Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodicaliy, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, ciue eare and diligence was �isec� 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, ti�e approved plans and specifications, and other supporting materiais.
Signature
D�te
Registration No.
State oi Nerii� Caroiina'I�mircmnenial Quaiity �, Waier Resources
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