20171190 Ver 1_Approval Letter_20180202

Environmcntc�l
QUQ�I t}�
ROY COOPER
r;,,rrrno,-
MICHAEL S. REGAN
1:.rrnin
I.INDA CULPEPPER
lnh'run Urre��hn'
Februarv ?. 3018
Lenoir Counri
NCDWR Project No. 20171190
Bridee No]3
Statc Project No. SF-5 �0073
APPROVAL uf a0I WATFR QUALITV' CERTIFICATION and NF.USF BUFFER AUTHORIZATION wilh
ADDITIONAL CONDITIONS
Mr. Hon Yeun,
NCDOT. Division ?
P.O. Ba� I 587
Greenvillc. NC ?783i
Dear Mr. Yeum,:
You have our approval, in accordance with the conditions listed below, for �he following impacts for d�e purpose of
replacing Bridge Nu. 7'_ over Bear Creek on SR I�0? (Frink School Rd) in Lenoir Count��:
Si[e Quffer Z.one I L3uffer Zone 2
(sq fq (sy ft)
r�tai
72 I 16.073 S.i65
?1.638
Strea m
permanent
�as
titream
fempor�ry
The projec[ shall be constructed in accordence with your application daied received September 19, 2017 and
additional intormation received December?0. 2017 and Januart� i I. ?01 R. Aftcr reviewim> yoar application, N�e
havc decided lhat thesz impacts are covered by General Water Quali[y Certiflcaiion Number 408�. �ihis certification
corresponds to the Na[ionH�ide Permi� ; issued b�� the Corps oi f-�ngineers. This approval is also valid for thz Neuse
Riparian Bulfer Rulcs ( I�A NCAC 36.03_ 3). In addition, you should acquire any ather lederal. statc or local
permits before you proceed with your project includin, (but not limited to) Sediment and Erosion Comrol, Non-
Di�charge and Water Supplc Watershed regidations. l'his approval will espire with die accompanyin_� 404 permit.
This approval is valid solely fix the purpose and desi;n described in your application (unless modified bzlow).
Should your project changc, you must notily the NCDW R and submit a new application. If die properh� is sold, the
new owner must be �iven a copy of diis Certification and approval lener, and is thereby responsible lor complying
wi[h all the conditions. If rotal w�edand lills lor �his prqject (now ur in the fulure) esceed one acre, or of total
impacts to streams (now or in the fu�ure) exceed I�0 linenr feet. compensatory mitigation may be required as
described in 15A NCAC 3H .Oi06 (h) (6) and (7). At'lditional buffer impacts ina} require compensaiory mitigation
as described in I iA NCAC 3B.0_'>9. For [his approval to remain valid, you must adhere to [he conditions listed in
�he attached certification(s) and any additional conditions listed below.
Condi[ion(s) of Certification:
The issuance uf this certitication does nut esempt �he Permittec from complying with any and all statutes, rules,
regulations, or ordinances that may bz impos'ed by other government a�,encies (i.e. lucal, stale, and federal) having
jurisdiction. including but nut limited to applicable buffer rules. stormwater management rules, soil erosiun and
sedimentation control rrquirements, etc.
The Permitree shall ensure that the tinal des'ign dr�win,s adhere to the permit and ro thc permit drawin,s subinitted
for approvaL [I�A NCAC 02H A�07(c) and I�A NCAC U2H .0506 �bl('_) and (c)(2)�
Stait ol Nnnh Carohnu I Fnnronmenlal Qualit�
I o 17 Motl Strvim Center I ILalcieh Nnrth Carohnx'_7699- I h 17

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 of 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. 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 shal] be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)]
Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to diverting
water into the new channel. Stream banks shall be matted with coir-fiber 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)
6. 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]
7. 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]
8. 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)]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
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. 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
proj ect.
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.
15. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
16. 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]
17. 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 ofthe 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.
18. 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)]
19. 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)] �
20. 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)]
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)]

26. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by [he end of the growing season following completion of construction. [ 15A NCAC 02B.0506(b)(2)]
27. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [ I SA NCAC 02H.0506(b)(3)]
28. 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 tha[ such standazds 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 aze necessary ro assure compliance, the NCDWR may reevaluate and modify
this certification. [15A NCAC 02B.0200]
29. The Permittee shall repoR any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [ I SA NCAC 02B.0506(b)(2)j
30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and retum 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(�]
31. 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 managec [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) 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 Adminishative 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 dowment 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. Bill F. Lane, General Counsel
Deparhnent 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 Garcy Ward at [phone]or gazcy.wazd@ncdencgov.
Since�
i
l� Linda Culpe�, Inter� r
Division of Water Resources
Electronic copy onty disVibution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnsoq Division 2 Environmental Officer
Garcy Ward, NC Division of Water Resouroes Washington Regional Office
File Copy

En viron m en tul
Qualiry
NCDWR Pruject No.:
.4pplicanL•
Project Name:
Date o( Issuance of 401 Water Quality Certitication:
Counh•
ROY COOPER
i;��„��,,,»
MICHAEL S. REGAN
s„ , r,,,,
LINDA CULPEPPER
i„�,-,;,,, n,�, �v,,,
Certificnte of Completion
Upon completion oY all work approved within [he d01 Watcr Quality Ccrtification or applicable Buffer Rules, and
any subsequem moditications, lhe applicant is required to retum this ttrtificate to the d01 Transportation Pemiitting
Unit, North Carolina Division of Water Resources, 1617 Mail Scrvice Centcc Ralei�,h. NC, �7699-1617. l'his form
may be reiurned ro NCDW R by the applicant, the applicant's audiorized aeent, ar the project engineec It is not
necessarv ro send certiticates from all of Ihese.
.4pplicaii!'s Cerrificn�inu
I, . hereby state thai. m the best of m�� abilities, duz care and dili�„ence
was used in [he observation of the construction such that the conslruction �aas observed �o bz built wi�hin substantial
compliance and intent of the 401 Wa�er Qualiry Certitication and Bulfer Rulcs, the approved plans and
specifications, and oiher supporting materials.
Sienature: Da[e:
.dgeirf'.s Cerlrfrcalion
I, , hereb} state diat, to the best of my abilities. due care and dilieence
was used in [he observa�ion of ihe construction such that the construction was observed to be buil[ wi[hin subs[an[ial
compliance and inten[ of [he 401 Water Quality Cenitication and Butier Rulzs. die approved plans' and
specifications, and other suppurtin� materials.
Si�nature:
Engineer's Cerlifrcn/io�t
Partial
Final
Da[e:
I, , as a duly re;istared Protessional Engineer in Uie State of North
Carolina, having been auihorized [o observz (pzriodically. H�eckly, full time) �he construction of the pruject for the
Perniit[ee herebv state that, [o tlie best of mv abili[ies, due care and dili;ence was used in the observation ofthe
construc[ion such that the conslruc[ion was observed to be built w�i�hin substantial compliance and intent o(the a01
Wa[er Quality Certification and I�uftcr Rules, the approved plans and specilications. and other supportine ma[erials.
Si�nature
Date
Reaistration No.
titate of North Carnhnn I�`-m'ironmcnml f)ualm
I t+17 Mail Strvia Crn�er I Ralaigh. Nonh Carnlina'_7fi99-I h17