20161182 Ver 1_Approval Letter_20161216

Environme�� ral
Quality
PA"i'MCCRORY
r;;,vernor
UUNALI) R. VAN DER VAAR'I'
:rcrciary
JAY 71MMERMAN
r��.ve r;��e����
December 16, 2015
Orange Counry
NCD W R Pi oject No. 20161 I 82
Bridge 137 on SR I550
Rdmund Latta Road
WE3S Element No. 17BP.7. R.97
ANPROVAL of 40l WATER QUALITV' CERTIFICATION sna Ncuse BUFFER ALTHORI"LATION with
ADllIT10NAL CONDITIONS
Mr. J.M. Mills, P.E., Division Engineer
NCDOT. Division 7
PO Box 14995
Greensboro. NC 27415
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for [he purpose of
replacing Bridge 137 ever Forzest Geek (Index No. 27-2-"l l-2-2; W SII, HQW, NS W) with a new bridge in Orange
County.
Site
Site Zone 1
Impact
(sq ft)
� 809
Brid e)
� q58
(Road)
Totalc , 1,'_'67
Temporary Fill in
Perennial Stream
{linear ft)
Stre�m Impacfs in fhe Nevse
� Penna��enl Fill in
Pereiu�{al Stream
pinear tt)
Bank Stabiliaation
Total Stream Impact
(linear ft)
- 46 i 46
- i 36 46
Total Stream Impact for Project: 461inear feet.
Neuse R�ariar Buffer Im acts _
minus = Zone 1 Z.one l Ruffer Zone 2 minus
Wetlands Boffers (not Mitigation lmpact Wetlands
in Zone 1 we[lands) Kequired - (sq i�tj in Zone 2
(sy fi) , (sq ft) (using 3:1 ratiol ;y (sq ft)
630
-- �-- — - - —��—�= u — �
To[al Buffer Impact for Project: 1,897 square feet.
— `�Nnthio�g Corr�pares - ,
StaCe o.`iSunn Cumlme I Emi:onme�Gl Quality
!6II F4al: Sen�icr,l'ente� I Raie.igh_ tiortn C,aroli�a77ii94-161I
; ..,�. �G'=>rpri
Strram impacts
Requiring
Nitigation
(linear ft)
= Zone 2 7.one 2 Buffer
Buffers Mitigation
(not Required (using
wetlands) 1.5:1 ratio)
s ft)

The project shall be constructed in accordance with your application dated received November 28, 2016. After
�� reviewiiigyour. a�,plication; we t�ave decided-t}:at these impacts are coverzd by Ge�eral Waier Quality Ce�tificaiion
Number 3$83. This certificafion corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC .02B .0233). 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 apnroval ��vi�l expire with the
a��or.-�pany�i.�g �104 �err.iit.
This approval-is_vzlid solely for the puraose and d�sign desa:ibed in your application (u�less modified belo�vl.
- Shoald your project change, ��ou must notiry_ the r:CD'7��P. and submit a new appli�ation. If th., groperty is scld, the
-� new owner must be,given a�copy of this Ceriification and approval letter, and is thereby responsible for complying
...with all the �onditions. If_total wetland fills for this project (now ar in the fi�ture) exceed one acre, or of tetal
� unpacts �t� streams (no�v or in the future) exceed 1501uiear fe�t, compensatory mitiga�ion may be require3 as
��al�scri'ued in 1SA NCAC 2H-.0506-(h)�(6)-and (7). Add'itional buff�r impacts may r:,quu•� eom�er.sato��}- mitigation
as deseribed in 15A NCAC 02L. 0233: 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
1: �All starir�water runaff shall be directed as sheetf.ow tlircugh stream buffers at n�n-erosive velocities, unless
otherwise approved by this certification. (l 5A 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 mowin�. The area witri non-maintained buffers shall be
- permanently-revegetated wi,,h native woody sgecies bero:e the next growing season €ollowing completion of
consiruction. (15A NCA� .OZB .0267)
_. _ _ :. 3.� . Furs�.ian� io 15r�.NCAL:02B .0233(6), sediment an_d erosion control devices shail not be placed in Zone l er �� Y
� .�_ :�:. ._ =any baffer-withcut:�rior.approval.by:the NCD��'R. At this ti;na, th� NCDWR has anproved no sedime,r�t �n3
_ -.._. x. •.ero�ion con*�el:devices in Zone.l, o�.�tside of t1�e approve�' project impacts, anywhere on this groject. Moreover,
. _; -_..-�_ - sediment.and.e.rosion.control devices shall be allow�d in Zone 2 of the buffers provided that Zone 1 is not
�- �or.7promised and that �iischarge is released as dif�ase flow.
4. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be „
•. � ,.. accnmplished-in-�st�.ict comrliance w�th the most recent versian of I�?CDOT's Best Management Practices for -�--
- : , _ . _ � ' r�nstruction and_Niairitenance Activities. �15A NCAC 02,H .0547(d)(2) anci 1 �A �i�AC 02H .OSO�i(b j(5)]
�- •�- 5.� The-post-consiruction removaY of any temporary bridge structures must return the project site to its
-� �- preconstrucrion-contours and elevations. The impacted areas shall be revegetated with appropriate native
speci�s. [15A NCAC 02H .0506(b)(2) - �-- - �-- � - . --r -�
" 6. . All bridge construction shall be_performed from the existing bridge, temporary workbridges or causeways ,'-
[15ANCAC 02H .0506(b)(3).
-. . ..__ - 7.. . Bridge deck dr�ins shall not discharge_di�rectly into the stream. Stormwater shall �e directed across the bridge -- ��- - .�
, x• � and•pre-treated through site-appropriate means (grassed swales, pre-formedscour lioles, vegetated buffers, etc.) �
" before entering tlie'streain. To meet the requireriments of NCllOT's NPDES permit NCS000250, please refer to
_,-,: . thernost�recent v�rsion of.the.Nc,rth Caraluia Depa�-tineni of Transportation 5tormwater Best Managemeiit
_ . . . ' . . . .P_r�ctices 1'�olbox manu�il foi: app�oved �rieasuxes. [i5A NCAC 02H .05�7(d)(�l and l 5A NC�C 02H _ ._-. - �.--.. _-- _ -, �
.G5�6!b)f �)� - - - � - - - - - - - _.
, 8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
,_. � aqiiati.c iise p�ssage: �ioengi:tee�ing bo��ldet's o�' sit-uCttues sh��ild be p�`�pe?'ly �es�gnec�, sized and uistalled.
f1�t1:VCflC 02H.O�Q6(��(2;]

9. Stormwater•shall be-directed to vegetated buffer areas, grass-lined ditches or other means approprate to the site
for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing
vegetated buffers is s�rongly d;scourageu. ��
10. NCDOT shall be in compliance with the NPDES Permit NCS000250 issued to the NCDOT, including the
applicable requirements of General Permit NCG010000 for Construction Activities. Because Forrest Creek is
- classifieci as High Quality Waters (HQ��J) and 9�later Supply (��4�S-II), NCDOT shall use Desio Standard.s in
Ser.s:tive `,h'atersheu's (JSANCAC 4B.J724fa]-[el).
11. Tall fescue shall not be used in the �stablishment of temporary or �,er.nanent groundcover withir. ripurian areas. -�
For the establishment of perma�ent herbaceous cover, erosion contro'. matting shall be used in conjunctian with - -
an appropriate native seed mix on disturbed soiis witnin the riparian area and on disturbed steep siopes with the
. fo11_owing exception. -Erosion control matting is r_�t necessary if the area is contained by perimeter erosion -.
control devices such as silt fer.ce, temporary sediment ditches, basins, etc. Matting should be secu:ed in place
- �vith staples, sta::es, or whzrever possiblc; li�je sta�ces of native trees. Erosion cori�t�ol maiting �laced :'r. 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 frorn a fertilizer� and limestone-free tank is allowable at the appropriate rate in conjunction with the
_ • erosion control measures. Discharging hydroseed mixtures and waod or cellulose mulch into s��rfa�e waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
General Conditions
1. Unless otherwise approved in this certification, placement of culverts and other structures in onen 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 r•esult in dis-equilibrium of -
- wetlands or streambeds or banks; adjacer.t to or u�stream and dewnstream of the above structures. The applicant
�• -�� is required to provide evidence tnai the equilibrium is being maintained if requested in writuig by Ni,�WR. If
_. this condition is unabie�to be meic due to bedrock or oiher limiiing features encountered during consh-uction,
- piease contact.Pli:�VJ.R for guic��nce on how io proceed and ia determine waeiner or r�ot a pennii modii:ic�tion .
will be required. [15A N�A�; 02H:(�SOS(b)(2;�
_-. . _. _ 2. .. If.concrete is used during.constr.uction, a c�ry wark area shall be maintained to prevent direct contact between .. _:
- - curing aoncrete and �tream water. Water tha� uiadvertent;y contacts uncured cor�crete shall nut be dischargEd ��
�• . to surface waters�due te the potential for elevated pH and eossible aquatic life ai�d fish kills. [ISA NCAC
02B.0200]
3. 1�uring.the �onsiruction of the projeet, n.o staging of equipment of any kind is permitted in waters of th.P U.S.,
er protected riparian buffers. [15A NCAC 02H.0505(b)(2)]
4. The dimension; pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and st�eams shall be restored 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
- siabilizatior� shall be placed in strezm channels in such a manner that it does nai impede aquatic life �assage.
[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. [i5A NCAC 02H .0507(cj and 1 SA NCAC 02H .0506 (b�(2} and (c)(2)]
.. Ail �vor�: in �, ��jaceni to str;a��i ��at��•s s'�ali �a cai�duetea ;n � c�.�y work acea. t',Gp� oved ��;� r_-,Fasures fi•om
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
�1CA� 02H.0 �05(�il(3) an� (cj(�)]
8. I�eavy eauipment sliall be operate� from tt-�e'ua�ks rather tlian. in the strean� ch«n;iei in order to minin�ize
sedimen±�tien and rediiye the intr�du�t.c,r_ of cir,er �oiluiants int� th� strear,i. �? SA i�C1;C 02H.C506{6)i 3��

9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
-- contarnination of stream waters from fuels, lubricanis, hydraulic Fuids, ur othzr toxic materials. �15A NCA�
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 O�H.OS(!6(b)(3)]
-- 1:1. Discharging.h}�dr.oseed mixtures and �ashing out l�ydroseeders a;�d other equipment in or ad;acer:t �o surface waters
is urohibite3. [15A NCAC 02HA505(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with Siate water quality
. . standaxds (including any requirements resulting from compliance with §303(d) of thP Clean Water Act) and any
� other appropriate requirements of State znd Feaeral law. If the NCDWR determines that such star.d��:rds er laws
� are not bei�-�g r�ei (incluuing th., `ailure to sustain a d�signate� or achieved use) or tl;at State or fe�'�lal 13v�� is b:,ing
.. . violated, ar that fizrther cond�tions are.necessary to assure compliancP, the NCDWR may reevaluate and modify
this certifcation. [15A NCAC 02B.0200]
_ .13. A1_1 fll slopes:located in jurisdiGtienal wetlands shall be placed at slopes no fla�ter than 3:1, unl_ess otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
. 14. A Gopy 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 irie� fencing are prohibited unless oiherwise authorized by this certification. [15A NCAC 02H.0501
and .0502]
- .- :._ 16. 'Che issuance of this certificatiori does not exernnt the Fermitiee from comnlyin� with any and all siatutes, iules,
-� _�._ _ regulations, er ordinances.that �nay be imposed'oy otiier governmen� ageneies �i.e. lucal, state, a��d federal) having
_--_- ,ji�risdic„io7; �nc,ludin� �ut r_at ]imited ta anpli�ahle buffer rules, storcrwater maragemert rUles; scil erosio:� an�
sed:mentation control requi.*ements, etc.
- 17: The Perriiitiez shall rej�ort any violations �f �his certifica�ion to ihe Division of Water Resou�ces within 24 hours
of discovery. [15A NCAC 02B.0505(b)(2)1
18. Up�n completion �f the proje�t (:ncludir.g ar.y impacts at associaied borrow or waste sites), the NCD�T L�ivision
Engineer,(ar appo�ntee) shali.complete and return the enclosed "Certification of Completion Form" to notify the > _
NCDVVIt when all work incl�.�ded in the 401 Certification has been completed. [15A 1�1CAC 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 completior. of constru�tion. [15A I�CAC 02B.026?(10);
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
, permit.without appr.opriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, ..
Ue locatzd i�-� ovetlands or st�ea�-ns, �omper�satory mitigation �v;il be required since t�at is a direcf :m�aat from rcad
constrGction artivities.[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, instal,'ation and operatian and maintenance of such Best Management Practices in .�rcier t� �rotect sw�face
. waters stanciar�ls [15A NCAC° Q2N.OS06(b)(3) and (cj(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
Planningr�n�'Desi�r. �I�r�x��trl.

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 mast recent version of the North Carolina
Sediment and Erosion Control Manuul. The devices shall be maintained un all construction sites, burrow
sites, and was[e pile (spoil) projects, including conhactor-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 Nnrth Carolrna Surface Mining Manual.
d. The reclamation measures and implementation must compty wit}: the recl4mation in acwrdance wit6 the
requ'vements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless othenvise approved by
this CeRification. [i5A NCAC 02H.0506(bx3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You niay obtain the petirion form from the office of Rdministrative heazings. You must file the petition
with the otiice of Administrative Hearings within si�cty (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 Uuough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Administrative Heazings.
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.
7'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 4"S 1-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Depaztment of Environmental Quality
1601 Mail Service Center
Tt�is letter completes the review of the Divisioa of Water Resources under Section 401 of the Clean Water Act. If you
have any quesGons, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
����
�S. Jay Zimmerman, D'vector
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, NCDOT Division ? Environmental Officer
Niwle T'homson, NCDOT Division 7 Env'vonmental Suparvisor Assistant
Travis VJilson, NC Wildiife Besources Commission
File Copy

Environmentnl
Quality
NCDWR Project tio.:
Applicant:
Nroject Name:
Date oC Issuance of 401 N'atcr Q�iality Certification:
County:
i�n�r Mcck� �Rv
n�,N,�i.0 ii. vA� ui�:a vn�nRT�
.I�Y /IMMF.ItMAN
Certificate of Completion
Upon cumpletion ef all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
am subsequeni :nodifications, ihe applicant is required to rewm this certifica[e to thz 401 Transport�tion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Centec Raleieh, NC. 27699-1617. This form
may be returuad io TJCDWR by the appiicant, the apnlicant's authorized agent, or the uroiect eugiueer. Ii is no[
necessary to send certificates from al! of these.
.4pplicanPs Cer�ifica�ion
I, , hereby state that, to the best of my abiiities, 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 Certitication and Buffer Kuies, the approved plans and
specifications, and olher suppurting ma[erials.
S i _r.nzture: Date:
.Agenrs !'er1•'ficnlion
1, . hereby state that. to [he best of my abilities, due care and diligence
was used in the observation of [he construction such that the construc[ion was observed to be built wi[hm substantial
compliance and i�ten[ of [he 401 Water Quality Certitication a�d Buffer Rules, the apurovzd plans and
specifications, and other supporting materials.
Signatu:e:
Fngineer's Cer/ifrealinn
Partial Final
!, , as a duly registered Professiona! Engincer in the State of North
CaroGna, having been authorized te ebserve (periodicall}'. ��eekly, full time) the construc[ien of the project for the
Pertnittee hereby state that, to the best of my abilities, due care and diligence was used in the observation ot the
oonstruction such that the con.truction was observed Yo be built within subs[an4ial compliance and intent of the 401
Water Quality Cer;ification and Bcffer Rules, ihe approved plans and specifications, and ofher supporting materials.
Signature
Ga[e
�
Registrution No.
� Not�hiny Compares �- ,
Sfai€ ofNor[h Cami�r�a I, 1=nvlioninentai Qcalih
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