20171134 Ver 1_Approval Letter_20170928

En virw� m cn t u I
QUQII r}'
ROY COOPER
c;�» ��•����o,�
MICHAEL S. REGAN
Serrri<u�r
S. JAY ZIMMERMAN
Uurrror
September ?8. 2017
Alamance County
NCDWR Project No. 20171134
Bridee 170 on SR 1145
WBS No. 46061.I.1
APPROVAL of 401 WATGR QUALITY CERTIFICATION and .IORDAN BUFFER
ALITHORIZATION with ADDITIONAL CONDITIONS
Mc Philip S. Harris, P.E.
NCDOT, Natural Environment Section Head
I �98 MSC
Raleigh, NC 27699
Dear Mr. Harris:
You have our approval, in accordance widi the conditions listed below, for the following impacts for
replacing Bridge 107 with a ne� cuhert over Alamance Geek on Pond Road in Alamance County:
Stream lm acts in the Ca e Fear Kiver Kasin
Tempurary Permanent Fill B""�` Total Stream
$ite Impact to Stabilization Impac[s
Perennial (Culvert) in to Perennial Stream Requiring
Streem Perennial S[ream Stream �mpact H�tigation
(linear ft) 0�near ft) (linear k) (��near ft) �linear k)
1 117 101 88 306 0
2 �0 0 8 �8 0
Totals 167 101 96 364 0
1 otal Jtream Impact tor rro�ecC sba unear tcei.
Jordan Ri arian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minu.s = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (nut Mitigation Impact Wetlands Buffers Mitiga[ion
(sq f[) in Zone 1 wetlands) Required (sq ft) in Zone 2 (no[ Required (using
r �;
(sq ft) (sy it) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
I 7,678 0 7,678 23,034 2,381 0 2,381 7.143
2 3.997 0 3,997 11,991 4,028 0 4,028 12,084
UI 823 0 823 0 1.233 0 I.233 0
12,498 0 12,498 35,02$ 7,642 0 7,642 19,227
Totals
I�otal Buffer Impact For NroJect: zu,l4u square teet
� Nothiny Cnmpares -- .
5[atz o(Nonh Carohna I Environmental Quality
1617 Mad Service Centec I Rale�gh. Nonh Carolina 2 7699-1 6 1 7

The project shall be constructed in accordance with your application dated September 6, 2017 and received
September 7, 2017. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Number 4087, 4093, and 4094. This certification corresponds to
Nationwide Permits 13, 23, and 33 issued by the Corps of Engineers. 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 300 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. Compensatory mitigation for impacts to 11,675 square feet of protected riparian buffers in Zone 1
and 6,409 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 Cape Fear River Basin and
done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated August
31, 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. 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)]
3. 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)]
4. 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 the NCDWR. If this
condition is unable to be met due to bedrock or other limiting features encountered during
construction, please contact the NCDWR for guidance on how to proceed and to determine if a
permit modification will be required. [15A NCAC 02H.0506(b)(2)]
5. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section
as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet

or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed. [15A NCAC 02H.0506(b)(2)] �
7. For the 13 linear feet of streams being impacted due to site dewatering activities, the site shall be
graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
8. 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)]
9. 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)
10. 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)
11. 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 l, 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.
12. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as
well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian
buffer impact for access to stream channel shall be temporary and be revegetated with native
riparian species. [15A NCAC 02H.0506(b)(2)]
13. 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)
14. Any modifications to this 401. Water Quality Certification that propose additional stream impacts
or increased impervious surface requiring additional stormwater management may be subject the
Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with
the NCDWR prior to submitting a modification request to determine the applicability of the Jordan
Water Supply Nutrient Strategy.
General Conditions:
1. 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]
2. 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)]
3. 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)]
4. 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)]
5. 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
(�)(2)]
6. 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)]
7. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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]
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. A copy of this Water Quality Certification shall be maintained on the construction site always. 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)]
14. 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]
15. The issuance of this certification does not exempt the Permittee from complying with 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.
16. 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)]
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer (or appointee) 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]
18. 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.0267(10)]
19. 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)]
20. 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 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.
21. 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 fa�ced-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, General Counsel
Department 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 April Norton at [phone] or Aoril.Nortonnn ncdent.gov.
Sincere ,
/ /
� S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Davis Bailey, US Army Corps of Engineers, Raleigh Field Office
James Mason, NCDOT
Travis Wilson, NC Wildlife Resources Commission
File Copy

�
En viro�un en t al
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Qualih Certification:
Countv•
ROY COOPER
(;n��ernw
MICHAEL S. REGAN
`�„.n„r
S. JAY ZIMMERMAN
n�,�.�,���„�
Certificate of Completion
Upon completion of all wark approved H ithin the d01 Water Quality Certification or applicable Buffer
Rules, and any subsequent moditications, the applicanf is required [o return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This fonn may be returned to NCDWR by the applicant, the applicanCs
authorized agent. or the project engineer. It is not necessary to send certificates from all of these.
A��u��,nrs Cerlircntion
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 [o
be built within substantial compliance and intent of the 401 Water Quali[y Certifieation and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
AgenPs Cer(ificntian
Dare:
1, , 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 constructiai 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:
Engineer's Ce�lifrcntion
Partial
Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of m} abilities, due care and diligence �vas used
in the observation of the construction such that the construction was observed to be built within
substan[ial compliance and intent of the 401 Water Quality Certification and BuPfer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Date
Registration
� Nothing Compares -- .
State ol Nonh Carohna � Envuonmcn[al Quahn
I6I7 Mail Service Cemer I Raltigh, Nnnh Camlinn 2 7699-1 6 1 7