20171102 Ver 1_Approval Letter_20170907

Environmen ta I
Quality
ROY COOPER
S;un,,,,o.
MICHAEL S. REGAN
�:��v�e��u�c
S. JAY ZIMMERMAN
Ub-r; ror
September 7, 2017
Darham County
NCD W R Project No. 2017 I I 02
Bridee I 17 on SR 1308
Stare Project No. 178P.S.R.54
APPROVAL of a01 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION,
with ADDITIONAL CONUITIONS
Mr. J.R. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Uurham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions lis[ed below, for the followin� impacts for the purpose of
replacing Brid�e I 17 in Durham County:
Site I Relocation of Perennial S[ream
103
Temporary Impact to Perennial
Stream Qinear ft)
17
Total I 103 I 17
Total Stream Impact for Projec[: 12U linear @et.
1
�
Total
Si[e Zone 1
Impact
(sy ft)
1 11130
Wetland Imoacts in the Caoe Fear River Basin
0.05 I 0.01 I 0.12
Total Wetland Impact for Project: 0.18 acres.
Jordan Ri arian Buf(er Im acts
wrinus = Zone I Zone I Buffer Zone 2
Wetlands BuPfers (no[ Mitigation Impact
in Zone I wetlands) Required (sq ft)
(sq ft) (sq ft) (using 3:1 ratio)
5267 5863 17589 1563
0 2630 NlA 3013
Total Stream Impact
(lincar ft)
120
120
Total Wetland Impac
0.17
0.0 I
0.18
neinus = Zone 2
Wetlands Buffers
in Zone 2 (nu[
(sq f[) wetlands)
s ft
0 1563
0 3013
Totals � 13760 � 526'7 � 8493 � 175g9 � 4576 � 0 � 4576
* n/a = Impact Allowable, no mitiea[ion required
Total Buffcr Impact for Project: 18336 square feet.
State o( North Camhna I Envimnmental Qualiiy
1517 Mail Szrvice Cemer I Rsleigh. Nonh Carolina _'7699-1617
Zone 2 Buffer
Mi[igation
Reyuired (using
La:l ratio)
�
2345

The project shall be constructed in accordance with your application received September 1, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4088. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. This approval is
also valid for the Jordan Riparian Buffer Rules (15A NCAC 2B.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 2B.0267. For this approval to remain valid, you must adhere to the conditions listed in
the General Certification and any additional conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 5863 square feet of protected riparian buffers in Zone 1 and 1563 square
feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation
Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided
in the Jordan Lake Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter
dated September 1, 2017 that they will assume responsibility for satisfying the compensatory mitigation requirements
for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.
2. Channel relocations shall be completed and stabilized, prior to diverting water into the new channel. Stream banks
shall be matted with coir-fber matting. Vegetation used for bank stabilization shall be limited to native riparian
vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the
maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap
coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded
fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)]
3. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
[15A NCAC 02H .0506(b)(2)]
4. 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
Consriuction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
5. 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 [delete if non-DOT
project], 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)]
6. 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, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)]
7. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.0267]

8. 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.0267]
9. Pursuant to 15A NCAC 2B.0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan
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.
10. 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]
11. 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)]
12. 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)]
13. 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)]
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCA,C 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
15. 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)]
16. 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. [I SA NCAC 02H.0506(b)(3)]
17. 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)]
18. 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)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
20. 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]
21. 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)]

22. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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]
23. 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.
24. 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)]
25. 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 02H.0502(fl]
26. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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] &[15A NCAC 02B.0506(b)(2)]
27. 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)]
28. 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.
29. 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.
T'he mailing address for the Office of Administrative Heazings 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, General 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 Rob Ridings at 919-707-8786.
Sincerely,
� �
v
S. Ja Zimmerm , Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
Beth Harmon, Division of Mitigation Services
File Copy

Envirw�menlul
Quality
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Uorrrn� „�
MICHAEL S. REGAN
s.ir�a,ir
S. JAY ZIMMERMAN
nr„�� �, �,-
Certificate of Completion
Upon complztion of all work approved within [he 401 Water Quality Certifica[ion or applicable Bufler Rules, and
am� subsequent modifications, the applicant is required ro return this cenificate to the 40I Transportation Permitting
Unit, North Carolina Division uf Water Resources, 1617 Mail Service Center, Raleigh, NC. 27699-1617. This form
may be returned [o NCDWR by the applican[, the applican��s autliorized aeent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicaw('s Cerlrficatio�t
I, , hereby state [hat, [o [he 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
specitications, and other supporting materials.
Sienature: Da[e:
Age�tPs Certificalrar
I, , hereby state [hat, 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 [he 401 Water Qualiry Cettification and Buffer Rules, the approved plans and
speciflcations, and o[her supporting marerials.
Sienamre: Date:
Ertgiueer's Cerlificafinn
Partial Final
I, , as a duly registered Professional En�ineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state ihat, to the best of my abilities, due care and dili�ence was used in the observation of the
construction such that the construction was observed to be buil[ wi[hin substantial compliance and intent of [he 401
Water Quality Certification and Buffer Rules, [he approved plans and specitications, and other supportine ma[erials.
Signature
Date
Re�istration No.
Stare of North Camlina I fnvironmrntal Quainc
Il+17 Mail Servict Cencer I RaicieJt North Cnrolinu 27h99-I ( 17