20161150 Ver 1_Approval Letter_20170120

ROY COOPER
Gm�rnnu�
MICHAEL S. REGAN
sro�am�r
Environmental S. JAY ZIMMERMAN
QuQlJty Drrr��mr
January 20, 2017
Cumberland/Sampson County
NCDWR Project No.30161 I50
Brid�es 171 & 17? on SR I851/1426
TIP No. B-49�0
APPROVAL of 40t WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
NC DOT
Mr. Phillip Harris, P.E., C.P.M.
Natural Emironment Section Head
li98 Mail Service Center
Raleigh, NC 27699
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing bridges 171 and 172 on SR 185 V 1426 (Faircloth Road) over the South River in Cumberland and Sampson
Counties:
Stream Impacts in the Cape Fear River Basin
Permanent Fill Temporary Fill Permanen[ Fill Temporary Fill •Totdl Stream Stream Impacts
in Intermitten[ in Intermittent in Perennial in Perennial Requiring
Site Stream Stream Stream Strcam �n���� Mitigation
pinear ft)
pinear ft) Qinear ft) Qinear ft) (linear h) (linear fr)
I/2 0 0 0 80 RO 0
2/3 0 0 0 48 48 0
0 0
0 0
TOTAL 0 0 0 128 128 0
Total Temporary S[ream Impact for Projecl: 128 linear feet.
�'Nothing Compares -- �
Stare o1�North Carolina I Environmental Quality
1617 Mail Service Centar I Raleigh. North Carolina 27699-1617

Wetland Impacts in the Cape Fear River Basin
Wetland �11 �cavation Mechanized �nd Total Impacts
Site ,�� Fill (ac) (temporary) �ac) Clearing (ac) Clearing Wetland Requiring
(ac) (ac) Impact (ac) NTtigation (ac)
1 R 0.1
__.___._.__w__. _�..�,....._._.. _._._.__ . ___ .__..._.e�____ _...___ _�. ...._.._..�___ .�._.______.._,._�. �__ .�.___..�,�. _��..__ .____. ._._�_ __.____._.� ___..�..�
1/2 R <0.01 <0.01 0.01 0.03 >0.02 0.02
2 R 0.14 0.06 0.08 0.28 0.20
2/3 R <0.01 0.01 0.02 0.18 >0.03 >0.03
� 3 R 0.03 0.03 0.05 0.11 0.06
Total 0.17 0.00 0.01 0.12 0.34 0.32 0.32
Total Wetland Impact for Project: 0.32 acres.
The project shall be constructed in accordance with your application dated received November 21, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3891 and 3884. These certifications correspond to the Nationwide Permit 23 and Nationwide Permit 12
issued by the Corps of Engineers. 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 properiy 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). 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. 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)]
2. 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 NCS0000250, 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)]
3. No water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)
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)]
5. 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
fsh kills. [15A NCAC 02B.0200]
6. 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)]
7. 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)]
8. 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)]
9. The Permittee shall ensure that the fmal 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)]
10. 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)]
11. 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)]
12. 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)]
13. 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)]
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
15. 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) ofthe 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]
16. 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)]
17. 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)]
18. 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]

19. 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.
20. 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)]
21. 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 work included in the 401 Certification has been completed. [15A NCAC
o2x.oso2� fl�
22. 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
02H.0506(c)(2)]
23. 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)]
24. 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.
25. 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 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], Facsimile: [phone]

A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, Generai Counsel
Depazdnent of Endvonmental 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 Joanne Steenhuis at [phone] or [e-mail].
Sincerely,
'\
� � fJj `��'1`` �O/'
�
S. Jay Zimmertnan, Director
Division of Water Resources
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Rivenbazk, NC Departrnent of Transportation
Beth Harmon, Division of Mitigation Services
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

Environmen tnl
Qualrty
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
�;,,��. �,,,,�
MICHAEL S. REGAN
S, ri � hvr
S. JAY ZIMMERMAN
i>>,��•�m,�
Cer[ificate of Completion
Upon completion of all work approved wi[hin the 401 Wa[er Quality Certifica[ion or applicable Buffer Rules, and
any subsequen[ modifications, the applican[ is required to return this certiticate [o the 401 Transportation Permitting
Unit. North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be rewrned to NCDWR by the applicant, the applicanfs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
,4pplicanl's Cerlificntion
I, , hereby state that. m 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 40I Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agen!'s Cerlificqtion
1 , hereby sta[e [hat, to the best of my abili[ies, 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 Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre: Date:
Engineer's Cerlificalion
Partial Final
I, , as a duly regis[ered Professional Eneineer in [he Sta[e of North
Carolina, havin, been authorized to observe (periodically, weekly, full time) [he cons[ruction of the project for [he
Permittee hereby state [hat, to [he best of my abili[ies, due care and diligence was used in the observation of the
cons[ruction such Iha[ the cons[ruction was observed to be buil[ wi[hin substantial compliance and in[ent of [he 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportine materials.
Signature
Date
Registration No.
�'Nottiing Compares -- _-
S[are o(Notth Carolina I Environmental Quality
1617 Mail Service Cen[er I Raleigh, Nonh Wrolina 27699-1 6 1 7