20160955 Ver 1_Approval Letter_20161017

Water Resources
ENVIRONMENTAL QUALITY
YA7� MCCRORY
DC)NAI.I) R. VAN DFR Vt�AR'1�
�. JAY ZIMMERNIAN
October 17, 2016
Randoiph Cour.ty
tiCDWR Project T�,ro. 2Q160955
3ridge N�. 3?1 on SR 2182 �Allred
Road) over Penwood Brancn
APPROVAL of 401 �JVATER QUALITY CERTIFICATION with ADI?lTIOn�AL CONDITIONS
Art C. King, Division Environmental Supervisor
Division 8
�:CDOT
902 North Sandhills Blvd.
Aberdeen, NC 23315
Dear Mr. King:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing with a culvert Bridge No. 371 on SR 2182 (Allred Road) over Penwood Branch in Randolph County:
Stream Im acts in the Ca e Fear River Basin
Site Permanent N ill Temporary Fill Permanent Fill i Temporary Fili Total Stream Stream Impacts
Iin lntermittenf ' in [ntermittent in Perennial in Perenniai Impact Requiring
5tream Stream Stream Stream (linear ft) Miti�ation
(li�e2r ft) {IinQar ft) —� -- (Iinear ftl (I�npar ft1 _ {linQ2r f�--
--1--- ------ - --
51 �----- - —=- __--- — �----- - - - 51 — __ I � 5 I -- - --
52----r---- _----� -- �� - - _-----t--_ 4� ,_
S3 -- -- -- 29 29 --
To*a! I -- I --
Total Stream lm�act fo� Yroject: 123 linear feek.
94 ! 29 I 12? I --
The project shal! be constnicted in accordance with your application dated received October 5, 2016. After reviewing
your application, we 1-iave decided that these impacts are covered by General Vb'ater Quality Certification Number
3886. This certification corresponds to Nationwide Permit 14 issued by the Corps of F,ngineers. In addition, you
sE�ould acquire any other federal, state or local pern�its before you proceed with your project including (but not limited
to) Sediment and Erosion Control, Non-Discharge and VVater Supply Watershed regulations. This approval will expire
with the accompanying 404 permit.
This apnrovai is valid salely for the pu�pose and design descri�ed in your application (unless modified below). Should
your pr�ject �hange, you must not:fy the NCDWR and submit a new ap�l�cation. If the property is scld, the new
o�vner rnust be given a copy of this Cerlification and approval letter, and is thereby respcnsi6le for complying with all
the conditions. If total wetland till for this project (now or in the future) exceed one acre, or if total impacts to streams
(now or in the fut�!re) Pxceed 1 y0 ?inear feet, compensatory mitigation may be required as ciescribed in 15A NCAC
2H .�SOb (h) (ol and (7). For this approval to remain v�lid, you must adhere to the condit�ons lisred in tLe attached
certification and any addi±ional conditions listed beloN�.
Condition(s) of Certificatior►:
Project Specit"ic (:ontiitions
l. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
�CCc)I?'i�)�!Si2eC�i lil �TC7Ci COI?:hI'ai1C2 �1111 :�le 13l(�ii FECE'11i 'vvrcjnli �f Nl.l'JnT�S iiES! :i!ll.nQ��'1ytY.'7r �YClCi1CeS �i)r
Cnnstructicn and �'✓�(!1/11P�:2%lce,�(ciiviti�s. [! SA NCA�; i�2H .(1�07(ci)(2) ar.d 1�k NC;.�C 0�?--i .QSJ(i(h)(5.,]
SaPe of NoN� C�r��liaa !Frcimnmental nuality I �Jat�r Rrsor�ces
1811 M�il Serv�ce Ceriei, Raleiah. Nor�h Caroi�na 7'n99-'oi7
?i �Cnt: .y".G���'7. h?�(�:.
. �.� ' . w� : >F=a._- �-=F .�r-. r, .,�._,.-. . ..c_ _ ..... _ ."u,-
. , .'r.... � ,�. . ..:.._..

2. 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, treaied, and disposed of properly. [15A NCAC 02H .0506(b)(3)
3. �prap shali not be placed ui trie aciive thaiweg channe� or placed in Lhe str�ambed in a manner that pre��ludes
aquati� life passage. Bioer.gineering boulders or stn:ctures sheuld be properly designed, sized and installed.
[15A NCAC 02H.0506(b)(2)]
4. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting �r�ith all app:oprizte staff to ensure that ±re project superviso: and essential staff understand the
potei.tial issues with siream and pipe a;ignrnent at the permitted site. NCDWR staff snail be invited to che
pre-consri-uction meeting. [ISt1 NCAC 02H.U5�6(bj(2) and (b)(3)
Gen�ral Conditions
1. Unless otY:ervvise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streainbed by one foot for ali culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter ]ess than 48
inches, to allow low flow passage of water and ac�uatic life. Design and placement of cuiverts and other
structures including temporary erasion contral 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 downstream of the above
structures. The applicant is required to provide evidence that the equilib: ium is being maintained if requested
u1 writ?ng Uy NCDWR. If this coudition is unable ta be met due to bedro�k or other iimiting features
enr,ountPrPd dun:ng conc�ction, please Gontacr NCT�WR fnr gt�?�ance on how to procee�l �nd to determine
whether or not a permit modification will be required. [1SA NCAC Q2H.OSOE(b)(2)]
2. If concrete is used during construction, a dry woric area shail 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]
3. 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)]
4. The dimension, pattern and profile of tr.e stream above and below th� crossing shall nct be mod'.fied.
D'.sturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02�:.C�����J�2J1
5. The use of :ip-rap a�ave tlie Normzl High �Naier Mark shail 6e minimized. Any rip-rap placed for sEream
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;]
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 i�A NCAC 02H .OSU6 (b)(2) and (c)(2)]
7. Ail work in or adjacer�t to'stream waters shall be conducted in a dry work area. Approved BMP measut-es
froin the mast current version of NCDOT Construction and Maintenance Acti� ities 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
sedinentation and reduce the uitroduction of other pullutar�ts into the stream. [15A NCAC 02H.0505(b)(3)]
9. All inechanized equipment operated near surface waters er�ust be i•;,gularly inspected and maintained to
prevent contamination of stream wateis from fuels, iubricants, hydraulic fl.uids, ar other toxic materiais. [ 15A
NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the s7eam channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders a;id other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.050(i(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
Acr_} at�d ar,y oii;er appr��nriat� requiremer;s ef State ancl Federal �aw. If ttie i�CDWR �ieterminPs tnat suoh
star_dar�s or :aw� a;e nct being met {includ:;�b t(�e fail��re ta si�stain a designatza or achie�ed ase) or trai
State or federal law is being violated, or ihat fiirthe;• conditians are �iecessaiy ta assure cor,zpliance, the
NC,7`vvR rr.ay reevaluate and n�od?iy t:iis c�rti�i�atiQn. [15A NCAC G2B.G2G01

13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized ny this certification. [15A NCAC 02H.t�506(b)(2)]
la. P_ Cnpy ef sllls Waier Quaiiiy C�]'t1i1C3ilOri shall be mnintained on the consnu��tion site at all times. Iri
addition, the .'Jater Qkzlity Certification and all snbseque:at modi�cations, if any, shall be :naiatair.ed 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)]
� 5. The �;.atsi�e b�lffe., .�etiand �r v.at�r b:�ut3daiy located within i'r;e corstru�ti:;r. �o*; idor :.ppr.^;ved b�,� this
aathorization shaii be ciearly mar.ced 6y highiy visible fencing prio: to any land d:st�arbing activities. Impacts
to areas within the tencrng are prohibited unless oiherwise autho;ized by this certificatian. [15A NCAC
02:I.0501 and .C502]
16. he issuance uf this ceriificaiioii does not exempt tlie Perrr�ittee from complying witn any and all statuies,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jt�risdiction, includir�g but not limited to apnlicable bu_fier rul_es; stormwater management
rules, soil emsion and s�dimentar,ion co:�trol requiremPnts, etc.
17. The Permittee shall renort anv violations of this c�rtification to tne Division of Water Resai�rces within 24
:�ours of discovery. [ 15A NCAC 02'3.0506(b)(2)]
18. Upon completion of tne proiect (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shaii compiete and return the enclosed "Certification of Completion Form" to notify the
NCDWR wher_ all work inclnded in the 401 Certification has been comple±ed. [15A NCAC 02H.0502(f)]
19. N2tive riparian vegetafion mt�st be reestablisn�d_ in tbe riparian areas within �he c�ns!ru�tion li�n.its of the
pro;ecr by the er.d of the growina seasor. followi.ng completion of construction. [ 15A NCAC 02B.Q506(b)(2)]
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 or streams, compensatory mitigation will be required since that is a direct
impact fiom road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
de�:gn, ir.stallatian an�. operatio:. ar.d r:7ainter.a7�e of snch Best �Iar.agement Pructi��s :n order ±:, pr�tect
:l�ifflCr: wate:s :;tar.��BI'G'S [iSr�`-_ i.�I�.c'�C !Miz.CJQ`r3��'i��? j �17t� i�'�l�il=
a. 'The e:osien ar.d sed:ment caatrol measures for the proiect must be designed, ir.stal:ed, operated, and
mainta�ned in accordance with the most rPcent version of the Nort.h Carolina Se.c�iment a.ncl Erosson
Control Planning and C�esign Manuaf.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such ihai they equal, or exceed, the requirements specified in t�e most rec.ent version oi the I��ortn
Ca�•olina Sediment a;zd Erosion Control Manual. The devices shall be maintained on a:l censtracticn
sites, borrow sites, a;ld waste pile (spoil) projects, including coniractor-owned or leased bon-ow pits
associated with ihe 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 Surfaee Mining
Mnnual.
d. The r�claination meas«rPs and implementation must comply with the reclamation in accorda.nce with the
t•equirements of the Seuii;�entation Pollution Control Act.
22. Sediment and erosion cor,troi measures shail not be placed in �vetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you ��ish to contest any statemeni in the attached Certification yeu must file a petition for an administrative hearing.
You may obtain the petition fU�� fron? the offi�e of Administrative hearings. Yo�! must f ie the petiiion with the
office of Administrative Hearings within sixty (601 days of receipt of this notice. A petition is considered filed when
it is receiverl in the office of Administrative Hearings during normal offce hours. The Office of Administrative
Hearings zccepis filings ivionday through Friday between the nours of 8:OOam and S:GOpm, except :or offciai state
holidays. The origina? and or.e (1; copy of the petitiom m�st be filed with the Off ce of P.dministrative Hearings.
The pet:tion may be faxe�-praE�ide� tne oa•ig�na; �n:i one �o�y ef thP �ecnme�t is recei�rea by the Offce of
AdministrativY I-learin�s within ive (S; business �avs foiiewiug the raxzd h�ans�nissien.
The mailin� address for tne Office o; Administrative Hear;ngs is:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]�, Facsimile: (919) 431-31U0
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Degarlmer,t of Environmental Qualifi;
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 Brian Wrenn at (919) 707-8i92 or brian.wrenn@nc�enr.g�v.
Sincerely,
��
S. Jay ' merm Director
Division of Water Resources
Electronic copy only distribution:
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Beth Hannon, Division of Mitigation Services
File Copy

Water Resources
ENVIRONMENTAL �UALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 V1-'ater Quaiity Certification:
CUURf)':
I'A"I' MCCRORY
DUNAI,1) K. VAN UGR VAAR'1'
ti. JAY 7,IM1�1ERMAN
Certiticate of �ompietion
Upan completio7 of al! �vork approved within the �O1 Water Quality Certification or app!icable Buffer Rules, and
any subseq�aent modifcations, the applicant is reyuired t� return this �ertificate to the 40? Transpo�ation Permitting
Un:t, North �arolina Jivisien of Water Resources, 1617 Ma;l Servi�z Cer.ter, Raleigh, NC, 27599-i6i7. This form
i7t8'y� �e rcturn�C� 2G �V`CDI�t'R by t;�e a�plicant, ih2 c1�j3iiCllt's auth�r:zed agcnt, or i;li, �'iivjCCt ci7�iriECT. li 1S TiOi
�i�cessary to ser�d cert;f;caies fi�oiz; all of th�ese.
Applicant's Certifcation
[, , 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 nther supp�rting materials.
Sigi�atu; e: Caie:
�:gent's C�; t f.:utrcyT
I, , hereby state that, to the best of rny abi!ities, due care and d:ligence
was used iii ihe observation of the construction such that the construction was observed to be built within substantiai
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specificatior.s, an� other supporting mat�rials.
Signature: Date:
Engineer's Certification
Panial Final
l, , as a duly registered Professicnal Enginee: in the State of North
Carolina, having been authorized to observe (periodically, weekly, fuil time) the construction of the project for the
Permittee hereby state that, to rhe best of my ab�lities. due care and dil�gence was useci 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 Certificaiion and Buffer Rules, ihe approved plans and speci icaiions, a�d othei suppo�ting materials.
Signature — — — :tegistration No.
Date
St�:e of NorLh Carclina �::nvirumner�al Quali;y ! Wa;ar Resourees
to17 Maii Service Ceniar, Raleigh. No�'tF� Carolina 27099-1617
Pf�one 9;9-g0'-o3!)0