20171353 Ver 1_Approval Letter_20171208

ROY COOPER
t;m���rnw�
MICHAEL S. REGAN
S1•a�erarr
Environmen�a! LINDA CULPEPPER
QUQ�f tY !u(erinr ! �Ireaor
December 8, 2017
Lenoir County
NCD W R Project No. 20171353
Bridge No.55
State Project No. 17BP.2.R.78
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSSE BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Ms. Heather Lane
NCDOT, Division 2
P.O. Bot 1587
Greenville, NC 27835
Dear Ms. Lane:
You have our approval, in accordance with the condi[ions listed below, for the following impacts for the purpose of
replacing Bridge No. 55 over Whi[elace Creek on SR 1324 (Kennedy Home Rd) in Lenoir County:
Neuse River Basin
S[reams S[reams
Site Permanent Temporary
55
81
Buffer Zone 1 Buffer Zone 2
(sq ft) (sq ft)
�277 2368
The project shall be constructed in accordance with your application dated received October 23, 2017. After
reviewin� your application, we have dzcided that these impacts are wvered by General Warer Quality Certification
Number 4085. This certitication mrresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules ( I SA NCAC 2B.0233). In addition, you should acquire
any other federal, state or local pertnits before you proceed with your project including (but not limited to) Sediment
and Erosion Control, Non-Discharge and Water Supply Wa[ershed regulations. This approval will expire wi[h the
aceompanying 404 perniit.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDW R and submit a new application. If the property is sold, the
new owner must be ;iven a copy of this Certification and approval Iettec and is thereby responsible for complying
with all the conditions. If Yotal wedand fills for this project (now or in the future) exceed one acre, or of total
impac[s [o streams (now or in the future) esceed 150 linear fee[, compensa[ory mitigation may be required as
described in I SA NCAC 2H .OSOfi (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in I SA NCAC 2B.0259. For this approval [o remain valid, you must adhere [o the condi[ions listed in
[he attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
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 aeencies (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.
S[ate o(North Camlina I Emironmentai Oualily
1617 Mail Service Center I Raleigh. North Carolina?7599-1617

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. 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. 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)]
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 specifed 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 ripariari 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.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 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.
[1SA 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 Deparhnent 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 specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] �
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 tflan 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 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. (15ANCAC 2B.0233) . �
22. 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)
23. 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)]
24. 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)]
25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adj acent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
26. 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] �
27. 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)] ;

28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the encbsed "Certification of Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
29. A copy of this Water Quality Certification shall be maintained on the wnstruction 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 managec [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 fortn from the office of Administrative hearings. You must file the petition
with the office of Administra[ive 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. 7'he Office of
Administrative Heazings accepts filings Monday Hvough Friday behveen 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 petiNon 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 fa�ced 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, 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 Gazcy Ward at [phone]or [e-mail].
s��y, �� � --��
� ,�,� � -
Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
William Sullivan, Kimley-Hom, [e-mail]
Garcy Wazd, NC Division of Water Resources Washington Regional Office
File Copy

Environmenfal
QUQ�(ry
NCDWR Project No.:
Applicant:
Project Name:
Date of lssuance of 401 Water Quality Certification:
County:
ROY COOPER
Gaorn,or
MICHAEL S. REGAN
Sl�<v�rnn�r
LINDA CULPEPPER
Gllerviu On'e�tnr
Certificate of Completion
Upon completion of all work approved within [he 401 Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modifications, the appiicant is required to remm this certificate to fhe 401 7'ransportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be remrned to NCDWR by the applicani, the applicanY s authorized agent, or the project engineec It is not
❑ecessary to send certificates from all of these.
Applican�'s Certifica�iae
I, , hereby state that, to the best of my abilities, doe 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 Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and
specifica[ions, and o[her supporting materials.
Sienature: Date:
Agent's Certificatioit
�, , 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
complia�ce and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifica[ions, and other supportine matzrials.
Signature: Date:
Engineer's Certifrca(ioiv
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, full [ime) the construc[ion of the projec[ for the
Perniittee hereby sta[e that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that [he construc[ion was observed to be buil[ wi[hin substan[ial compliance and intent of the 401
Warer Qualiry Cenification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Re�istra[ion No.
Stace of Nonh Carolina � F.nvironmen[al QualilY
1617 Mail Senice Cznter I Raleigh. North Carohna 27699-1617