20170803 Ver 1_Approval Letter_20170908

ROY COOPER
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MICHAEL S. REGAN
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Environmer�tu( S. lAY ZIMMERMAN
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September 8, 2017
Hertford County
NCDWR Project No. 20170803
Bridee No.28 on SR 1 137
TIP No. B-5609
APPROVAL of 301 WATER QUALITY CF.RTIFICATION with AUUITIONAL CONDITIONS
Mc Paul Williams
NCDOT. Division 1
I 13 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mc Williams:
You have our approval, in accordance with the conditions lisred below, for [he followin, impacts for the purpose of
replacing Bridge No. 28 over Cutawhiskie Creek on SR I 137 (Liverman Mill Rd) in Hertford County:
WeUand Im �acts in the Chowan River Basin
Site Fill (ac) Hand Clearing
ac
Brid �e 28 0.05 0.0>
Total . I 0
The project shall be constructed in accordance with your application dated received June 30, 20I7 and additional
information regardin, deck drains received via e-mail August 3, 2017. ARer reviewing your application, we have
decided [hat [hese impacts are covered by General Water Quality Certihca[ion Num6er 4085. This certifica[ion
corresponds to [he Nationwide Permit 3 issued by the Corps of Engineers. In addition, you should acquire any other
federal, state or local permi[s before you proceed with your projec[ including (but not limited to) Sediment and
Erosion Control. Non-Discharge and Water Supply Watershed regulations. �ihis approval will expire with [he
accompanying 404 penni[.
This approval is valid solely for the purpose and desien described in your application (unless modified below).
Should your project change, you mus� notify the NCDW R and submil a new application. If the property is sold, [he
new owner must be given a copy of lhis Certifica[ion and approval letter, and is [hereby responsible for complying
with all Ihe conditions. If rotal wetland fills for this project (now or in the future) excezd one acre, or of total
impacts to streams (now or in the future) e�ceed I50 linear feet, compensatory mitigation may be required as
described in ISA NCAC 2H .0506 (h� (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in I iA NCAC 2B.0259. For this approval ro remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
The issuance of this certitication does not e�empt the Permittee from complying with any and all statures, rules,
regulations. or ordinances that may be imposed by other government agencies (i.e. Iocal, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwarer management rules, soil erosion and
sedimentation control requirements, etc.
Z. The Permittee shall ensure that the final desi�n drawings adhere to the permit and to the permit drawings
submitted for approvaL [liA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)j
S�atr ol'Nonh Camhna I Fnvironmental Quality
1617 Mail Szrvica Czntzr I Raleigh. North Cerolina 27699-1 6 1 7

3. 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]
4. 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]
5. 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)]
6. 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)] �
7. 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)]
8. 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.
9. 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)]
10. 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, A225]
11. 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)]
12. 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)]
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. As a condition of this 401 Water Quality Certifieation, 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)]

15. 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)] �
16. Bridge deck drains are allowed at the ends of the bridge but shall not discharge directly to the stream.
Measures shall be taken to prevent scour where the drains are discharging onto bare soil. [15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
17. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile dri�ing are prohibited without prior written approval
from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
18. 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)]
19. 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)
20. 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)]
21. 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)]
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 02B.0506(b)(2)]
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
24. 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 Federallaw. 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]
25. 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)]
26. 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]
27. 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)]
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 fle 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 Heazings
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, Generat Counsel
Departrnent of Env'vonmental Quality
1601 Mail Service Center
T'his 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 Gazcy Wazd at [phone] or [e-mail].
�S,incerely,
I �,
� � ��
IJ���� '�(' �1-�,� C y
l�
S. Jay Zi ertnan, D' ctor
Division of Water Resources
Electronic copy only distribution:
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Clay Willis, Division 1 Endvonmental Officer
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

Environmental
QUQIIfY
NCDWR Project No.:
Applican[:
Project Name:
Date of Issuance of 4U1 Water Quality Cer[ification:
Countr
ROY COOPER
U,n�eniw�
MICHAEL S. REGAN
1r��rrrm-r
S. JAY ZIMMERMAN
nirrrr�,r
Certificate of Completion
Upon completion of all work approved wi[hin the 401 Wa[er Quality Certification or applicable Bu�Ter Rules, and
any subsequen[ modifica[ions, [he applican[ is required ro remrn this certifica[e [o Ihe 401 Transportation Pennitting
Uni[, North Carolina Division of Water Resources, 16 U Mail Service Cen[er, Raleigh, NC, 27699-I6I7. This form
may be remrned [o NCDWR by [he applicant, the applicant's au[horized agen[, or [he project engineer. I[ is not
necessary ro send certificates from all of these.
Applica�ePs Certifrcatrns
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and
specifica[ions, and other supporting materials.
Si�nature: Date:
Agen!'s Certifrca/ion
I, , hereby state that, 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 built within substantial
compliance and intent ofthe �301 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure: Date:
Engirteer's Cer/ifreatioi�
Partial Final
I, , as a duly regis[ered Professional Engineer in [he Sta[e of North
Carolina. having been authorized to observe (periodically, weekly, full time) the construction of the projec[ tor the
Permittee hereby state that. [o the best of my abilities, due care and diligence was used in the obszrvation of the
construc[ion such [hat the construction was observed to be buil[ within substantial compliance and intent of [he 401
Water Qualiry Certilication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Date
Registration No.
S�aie nl Nonh Camiina I Environmental Qualiry
1617 Mail Sernce Canter I Raleigh, Nonh Carulina 2 7699-1 6 1 7