20161026 Ver 1_Approval Letter_20161121

Environmenta!
QUQ�Ii}�
PAT MCCRORY
Gwernnr
DONALD R. VAN DER VAART
Secratary'
JAY ZIMMERMAN
Dwli Dirutor
November 21, 2016
Orange County
NCDWR Project No. 20161026
Bridge 209 on SR 1366
WBS ElementNo. 178P.7. R.99
APPROVAL of 401 WATER QUALITY CERTIFICATION and Jordan Lake BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. J.M. Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415
Dear Mc Mills:
You have our approval, in aceordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 209 over Frank Creek (Index No. 16-I S-2-I ) with a two-barrel, reinforced, concrete box culvert
(RCBC) in Orange County. This is a revisron ofthe origina! Certifrcation issued on November Q 2016. Wetland
impacts were not accoun[ed for rn dhe original permi( application.
Site
1
Totals
Si[e
1
Totals
Fill Fill
(ac) (temporary)
<0_01
<O.OI
in the Ca e Fear River Basin i
Excavation Mechanized
(ac) Clearing (ac)
<0.01 I <0.01
Hand Clearing Total Wetland
(ac) Impact (ac)
<0.03
- <0.03
Stream Im acts in fhe Ca e Fear River Basin
Permanent Fill in
Temporary Fill in Perennial Stream Total Stream Impact
Perennial Stream (linear f[ (linear ft)
Qinear ft)
Culvert RipRap
20 40 60 120
20 100 120
Total Stream Impact for Project: 120 linear feet.
- �"Nattiing Compares :- �
State ofNorth Carolfna I Environmental Qualiry
161 I Mafl Servfce Center � Raleigh, North Carolina 27699-161 I
919-007-9000
Stream Impacts
Requiring
Mitigation
(linear ft)

Site
Totals
Jordan Lake Itivarian Buffer Im
Zone 1 minus = Zone 1 Zone 1 Buffer
Impact Wetlands Buffers (not Mitigation
(sq ft) in Zone 1 wetlands) Itequired
(sq ft) (sq ft) (using 3:1 ratio)
Zone 2
Impact
(sq ft)
minus = Zone 2 Zone 2 Buffer
Wetlands Buffers 1VIitigation
in Zone 2 (not Required (using
(sq ft) wetlands) 1.5:1 ratio)
609 3,944 - 893
609 3,994 - 893
Total Buffer Impact for Project: 3,944 square feet.
The project shall be constructed in accordance with your application dated received October 26, 2016 and with
revisions submitted electronically dated November 17, 2016. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds
to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Jordan Lake
Riparian Buffer Rules (15A NCAC .02B .0267). 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.
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 02B. 0295. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. (15A NCAC .02B .0267)
2. 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 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 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 .02B .0267)
3. Pursuant to 15A NCAC 02B .0267, sediment and erosion control devices shall not be placed in Zone 1 of
any 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.
Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
4. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan
Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR
prior to submitting a modification request to determine the applicability of the Jordan Water Supply
Nutrient Strategy.
5. As a condition of this 401 Water Quality Certification, the bridge 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 NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]

6. Culvert barrels shall be designed to mimic natural stream cross section as closely as possible including
pipes or barrels at flood 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. [15A NCAC 02H.0506(b)(2)] ,
7. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
8. For the 20 linear feet of stream 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)]
9. 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)]
10. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to
the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams.
Mowing of existing vegetated buffers is strongly discouraged.
11. NCDOT shall be in compliance with the NPDES Permit NCS000250 issued to the NCDOT, including the
applicable requirements of General Permit NCGO1000 for Construction Activities. Please note the
permittee shall use Design Standards in Sensitive Watersheds because Frank Creek is classified as High
Quality Water (HQW) and is within a Water Supply (WS-II) watershed. (15A NCAC 4B.0124[a]-[e])
12. Tall fescue shall not be used in the establishment of temparary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix 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, temporary sediment ditches, basins, etc.
Matting should be secured in place with staples, stakes, ar wherever possible, live stakes of native trees.
Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge
and entrap small animals. For the establishment of temporary groundcover within riparian areas,
hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-
free tank is allowable at the appropriate rate in conjunction with the erosion control measures.
Discharging hydroseed 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.
General Conditions
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 aquatic 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 downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If 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(b)(2)]
2. 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]

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 the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restared to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. 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. [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
��)�2)�
7. 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)]
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 NCAC 02H.0506(b)(3)]
10. 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)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A 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) and any other appropriate requirements 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 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]
13. All fill slopes located in jurisdictional wetlands shall 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
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. 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. [15A NCAC 02H.0501 and .0502]
16. 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.

17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) shall complete and return the enclosed "Certification of Completion
Form" to 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
project by the end of the growing season following completion of construction. [15A NCAC
02B.0267(10)]
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 from 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 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, 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.
22. 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 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 O�ce 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], 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 Dave Wanucha at [phone] or [e-mail].
Sincerely,
� ���
S. Jay Zimmerman, ' ector
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, NCDOT Division 7 Environmental Officer
Nicole Thomson, NCDOT Divisiou 7 Environmental Supervisor Assistant
Travis Wilson, NC Wildlife Resources Commission
File Copy

Envlronmen tal
QUQ�Ity
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
Govcmor
DONALD R. VAN DER VAART
$BC[LL'd[V
JAY ZIMMERMAN
DWR Direcror
Certificate of Completion
Upon completion of all work approved within the 401 Water Qoality Certification or applicable Buffer Rules, and
any subseqoent modifications, the applicant is required to return this certifica[e to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, [he applicanYs authoriaed agen[, or the project engineer. It is not
necessary to send certificares ftom all of these.
App[icant's Cerfrfication
�, , 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 ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Certifrcation
I, , hereby s[a[e [hat, to the bes[ of my abilities, due care and diligence
was used in [he 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 Certiflcalion
Partial Final
l, , as a duly registered Professional Engineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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 Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signamre
Date
Registration No.
-'!'Nnthing Campares'- ,
State ofNorth Carolina I Emimnmental Qualiry
1 bl 1 Mail Service Center I Raleigh, North Carolina 27699-161 I
919-707-900q