20171316 Ver 1_Approval Letter_20171120

ROY COOPER
co��erno.
MICHAEL S. REGAN
Srcreinrr
Environme��fnl LINDA CULPEPPER
QUQI(�y Lvrrim Uirrc�ur
November 20, 2017
Lenoir Counry
NCDWR Project No. 20171316
Bridge No.161
State Project No. 17BP.2.R.82
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSSE BUFFER AUTHORIZATION
wi[h ADDITIONAL CONDITIONS
Ms. Heather Lane
NCDOT, Division 2
P.O. Box 1587
Greenville, NC 2783�
Dear Ms. Lane:
You have our approval, in accordance with the conditions Iisted below, for the following impac[s for [he purpose of
replacing Bridge No. I61 over Strawberry Branch with an aluminum box culvert on SR 1913 (Elijah Loftin Rd) in
Lenoir County:
Streams
Site Permanent
Lenoir 161 I 105
Neuse River Basin
Streams guffer Zone 1 Buffer Zone 2
Temporary �sq ft)) (sq ft)
.�n
� 2817
7.174
The project shall be constructed in accordance with your revised application dated received October I8, 2017. After
reviewing your application, we have decided tha[ these impacts are covered by General Wa[er Quality Certification
Number 4088. This certifica[ion corresponds [o [he Nationwide Permi[ 14 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules ( I SA NCAC 26.0233). In addi[ion, you should acquire
any other federal, state or local permits before you proceed with your project includin� (but no[ Iimited to) Sedimen[
and Erosion Control, Non-Dischar�e and Water Supply Watershed regulations. This approval will expire wi[h the
accompanying 404 permi[.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify [he NCDW R and submit a new application. If the propeRy 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 to[al wetland tills Tor this project (now or in the future) exceed one acre, or of total
impacis to streams (now or in the fu[ure) esceed I�0 linear feet, compensa[ory mitigation may be required as
described in 15A NCAC 2H .D506 (li) (6) and (7). Addi[ional buffer impacts may require compensa[ory miligation
as described in I SA NCAC 2B.0259. For this approval [o remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Conditiun(s) of Certification:
The issuance of [his certification does not exempt the Permittee from complying with anv and all stamtes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) havin�
jurisdiction, including but not limited to applicable buffer rules, stormwater manapement rules, soil erosion and
sedimentation control requirements, etc.
Slare of North Carolina I Environmental Qmlity
1617 Mail Service Center I Raleigh, North Carolina 27699-16I7

2. 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)]
3. 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 down stream o£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)]
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. 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)]
6. 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] '
7. 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)]
8. The dimension, pattern and profle of the stream above and below the crossing shall not be modified.
Disturb'ed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
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. 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.
11. 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)]

12. 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]
13. 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)]
14. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sed•iment 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.
15. 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)]
16. 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)]
17. 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)]
18. 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)]
19. 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)]
20. 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) ,
21. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0233)
22. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0233(6)]
23. 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)]
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
25. 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] -

26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
27. Upon completion of the project (including any impacts at associated borrow or was[e sites), the NCDOT Division
Engineer shall complete and retum the enclosed "Certification of Completion Form" ro notify the NCDWR when
all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
28. 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 the Division Engineer
and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (cx2)]
If you wish to contest any statement in [he attached Certification you must file a petition for an administrative
hearing. You may obtain the petition fortn 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 nortnal 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 ofthe 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]Q 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 Ac[. [f you
have any questions, please contac[ Garcy Ward at [phone]or [e-mail].
Sincerely,
�C;� W . � '�c�
LindaCul e er Intenm Dvector
P PP ,
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
]ay ]ohnson, Division 2 Env'vonmental Officer
Robert Turnbull, ESI, [e-mail]
Garcy Wazd, NC Division of Water Resources Washington Regional Office
File Copy

� �
�
Environmentul
QUQ�iiy
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 901 Water Quality Certification:
County:
ROY COOPER
Gorernor
MICHAEL S. REGAN
1ri>'rtun�
LINDA CULPEPPER
I�rIC�'irq l �ifCc'(ur
Certificate of Completion
Upon completion of all work approved wi[hin the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources. I617 Mail Service Center, Raleigh, NC, 37699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanPs Ce�lificatinn
1, , hereby state that, to the best of my abilities, due care and dilieence
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 Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Certifica/ion
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 intent of the 401 Warer Qualiry Certification and Buffer Rules, the approved plans and
specitications, and other supponing materials.
Signature:
Eagineer's Certificufion
Partial Final
I, , as a duly registered Professional Enaineer in the Stare of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
consVuction such that the construction was observed to be built wi[hin substantial compliance and intent of the 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Date
Registration No.
Slait ofNonh Camlina I Environmental Qualiry
1617 Mail Serv�ce Cenrer I Raleigh. North Carolina 27699-1617