20170808 Ver 1_Approval Letter_20170905

ROY COOPER
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MICHAEL S. REGAN
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Environmental S. JAY ZIMMERMAN
QUality ui�E<�,»
September 5, 2017
Hyde County
NCDWR Project No. 20170808
Bridge No.l4 on SR 1 108
WBS Element No. 17BP.I.R.82
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION with .4DDITIONAL CONDITIONS
Mc Clay Willis
NCDOT, Division I
I 13 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with [he conditions listed below, for the followin� impacts for [he purpose of
replacing Bridge No. 14 over Rattlesnake Canal on SR 1 108 ( White Plains Rd Rd) in Hyde County:
Tar-Pamlico Ri arian Buffer and O en Wa[er Im acts
Buffer Zone I Buffer Zone 2 Open Water
Site ,__ �., ,__ �.. ,....�
Rattlesnake I 1901 I 2968 I 0.016
Side canal -- -- 0.004
Total 4,869 0.02
The project shall be constructed in acwrdance with your application dated received June 30, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
408�. This certification corresponds to [he Nationwide Pemiit i issued by [he Corps of Engineers. This approval is
also valid for tlie TarPamlico Riparian Buffer Rules ( I SA NCAC 26.02�9). In addition, you should acquire any
other federal, sta[e or local permits before you proceed with your project including (but not limited [o) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regula[ions. This approval will expire with the
accompanying 404 pemiit.
This approval is valid solely for the purpose and design described in your applica[ion (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe 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 ro streams (now or in the future) exceed l50 linear feet, compensatory mi[igation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensarory mitigation
as described in I SA NCAC 26.0�59. For this approval to remain valid. you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condi[ion(s) of Certification:
The issuance of this certification does not exempt the Permittee from complying with any and all stamtes, 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.
$Iate of North Carolina � Emironmental Quality
1617 Mail Szrvice Center I Raleigh. Nonh Carolina 27fi99-1617

2. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted
between April 1 S` and September 30'h of any year, without prior approval from the NC Division of Water Resources
and the NC Wildlife Resources Commission. In addition, the permittee shall conform to the NCDOT policy entitled
"Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
3. 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)]
4. 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]
5. 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]
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. �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)]
9. 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.
10. 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)]
11. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
12. 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)]
13. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any �
Tar-Pamlico 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.

14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifcally, jetting or other methods of pile driving are prohibited without prior written approval
from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
19. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and
then sunk. The barges shall 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)]
20. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank; or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR. [,15A NCAC 02H .0506(b)(3)
21. 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)]
22. 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)]
23. 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 2B.0233)
24. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0259)
25. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0259(6)]
26. 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.0506(b)(2)]
27. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]

28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (induding any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. [f the NCDWR detertnines that such standards or laws
aze 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 certificatioa [15A NCAC 02B.0200]
29. 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)]
30. Upon completion of the project (including any impacu at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and re[um 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(�]
31. A copy of this Water Qualiry 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 [he Division Engineer
and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (c)(2)]
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 Adminislrative 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 Heazings 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. 7'he 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. Bill F. Lane, Genenl Counsel
Departrnent 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 Garcy Ward at [phone] or [e-mail].
Sincerely,
. �� �ol�.
S. Ja �mmertnan, Dvector
Division of Water Resources
Elecu�onic copy only distribution:
Kyle Bames, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Environmental Officer
Greg Daisey, NC Division of Coastal Management
Gazcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

�
�
Environmentul
Quality
NCDWR Project No.:
ApplicanL•
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
r;,,rrna,r
MICHAEL S. REGAN
�r,�i�,am�v
S. JAY ZIMMERMAN
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Certificate of Completion
Upon completion of all work approved within the 401 Wa[er Quality Certitication or applicable Buffer Rules, and
any subsequent moditications, the applicant is required [o retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed to NCDW R by the applicant, the applicant's authorized agent, or the projec� engineec It is not
necessary to send certificates from all of these.
Applicar�!'s Cerlificaiin�e
I. , hereby state that, to the best of my abilities, due care and diligence
was used in the observa[ion of [he construc[ion such that [he cons[ruction was observed to be buil[ within subs[an[ial
compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and other supporting materials.
Signature: Da[e:
Agen!'s Cerlificalia�
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 inrent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
speciflca[ions, and other supporting materials.
Signature:
EngiueePs Ceriifiea�ion
Panial Final
I, . as a duly registered Professional En2ineer in the Stare of North
Carolina, havine been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, ro the best of my abilities, due care and dilieence was used in the observation of the
construction such [ha[ the construc[ion was observed [o be built within substan[ial compliance and in[ent of the 40I
Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supportine materials.
Signature
Da[e
Registration No.
State o(Nonh Carolina I F.nvironmental Qualiry
1617 Mail Service Cenrer I Raleigh. Nonh Carolina 2 7699-161 7