20180514 Ver 1_Approval Letter_20180504

Environmental
QUQ�(ty
ROY COOPER
(inrcrnor
MICHAEL S. REGAN
serrrmrc
LINDA CULPEPPER
1�NP/'iM Ub'eCln�'
May 4. ?018
Robeson County
NCDWR Project No. 20180514
Bridge 28 on NC 83
State Project No. 17BP.6.R.106
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Rerko, PWS, DEO
NCDOT, Division 6
PO Box I l�0
Fayetteville, NC 28302
Dear Mr. Rerko:
You have our approval, in accordance wi[h the conditions listed below, for the following impacts for the purpose of
replacing Bridge 28 over Lei[h Creek in Robeson County:
Wetland
Total
Site Fill Fill Excavation Mechanized Hand Wetland
(ac) (temporary) (ac) Clearing Clearing Impact
ac ac ac ac
I 0.080 0.03 0.01 0. I d 0.260
TOTAL OA80 0.03 0.01 0.14 0.260
Total Wetland Impacts for Project: 0.260 acres
Impac[s
Requiring
Mitigation
N/A
The project shall be constructed in accordance with your applica[ion dated received April I I, 2018. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4132. This certification corresponds to the Nationwide Permit issued by [he Corps of Engineers. In addition, you
should acquire any other federal, sta[e or local pertnits before you proceed with your project including (but not
limited to) Sediment and Erosion Control. Non-Discharee and Water Suppty Watershed regulations. This approval
will espire with the accompanying 404 permit.
This approval is valid solely for ihe purpose and design described in your applica[ion (unless modified below).
Should vour project chan�_e, you must notify the NCDWR and submit a new application. If [he property is sold, [he
new owner must be given a copy of [his Certifica[ion and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the fumre) erceed one acre, or of to[al
impacts to streams (now or in the future) erceed I50 linear feet, compensatory mitigation may be required as
described in I SA 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.
Smte of North Carolina I 8mironmzntal Quality
1617 Mail Senice Center I Ralzigh. Nonh Carolina 2 7699-1 61 7

Condition(s) ot Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Emironmental Assistant will conduc[ a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and essential staff
understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. [ 15A NCAC 02H.0506(bx2) and (bx3)
2. As a condition ofthis 401 Water Qualiry Certification, the bridge demolition and conswction 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(bx5)]
3. Bridge deck drains shall not discharge directly into the stream. Srortnwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers, etcJ before entering the stream. To meet the requirements of NCDOT's NPDES
pennit NCS0000250, please refer to the most recent version of the North Carolrna Department of
Transportatron Stormwater Best Management Practices Toolbox manual for approved measures.
[15A NCAC 02H .0507(dx2) and 15A NCAC 02H .0506(bx5)]
4. Bridge piles and benu shall be constructed using driven piles (hammer or vibratory) or drilled shaft
constrvction 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)]
5. No drill slwry or water that has been in wntact with uncured concrete shall be allowed to enter
surface waters. This water shall be captured, heated, and disposed of properly. [15A NCAC 02H
.0506(bx3)
6. A turbidity curtain will be ins[alled in the stream if driving or drilling activities occur within the
stream channel, on the sheam 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(bx3)
7. 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. T'he bazges shall not be sunk and then dragged into position.
Under no circumstances should barges be dragged abng the bottom of the surface watec [15A NCAC
02H .0506(b)(3)
Genersl Conditions
8. Unless othenvise 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 diatneter 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 strucmres. T'he 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 conswction, please contact
NCDWR for guidance on how to proceed and to detertnine whether or not a permit modification will
be requ'ved. [15A NCAC 02H.0506(bx2)]
9. 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 contaczs uncured concrete shall
not be discharged ro surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B.0200]
10. During the consWction of the project, no staging of equipment of any kind is pertnitted in waters of
the U.S., or protected riparian buffers. [ I SA NCAC 02H.0506(b)(2)J

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. 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. [ISA NCAC 02H.0506(b)(2)]
13. 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)l
14. 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)]
15. 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)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
19. 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]
20. 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)]
21. 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 modifcations, 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)]
22. 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]
23. 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 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.
24. 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)]

25. 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 wark included in the 401 Certification has been completed. [15A NCAC
o2x.osoa� fl�
26. 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
02H.0506(b)(2)]
27. 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)]
28. 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.
29. 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 O�ce 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 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
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

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 Joanne Steenhuis at [phone] or [e-mail].
Sincerely,
� ��rv`� -��.
�
Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Joatme Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

Envfr�nmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Da[e of Issuance of 401 Wa[er Quality Cer[ification:
Countr':
ROY COOPER
t;o��<���,�>,�
MICHAEL S. REGAN
srr,-�ar,n
LINDA CULPEPPER
lntrr(m !>irr�tor
Certificate of Comple[ion
Upon completion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules. and
any subsequent modifications, the applicant is required to return Ihis certiticare to the 401 Transportation Pemiittine
Unit, North Carolina Division of Water Resources. 15I7 Mail Service Center. Raleigh, NC. 27699-1 6 1 7. This form
may be returned to NCDWR by the applicant, the applicant's authorized aeent, or the project eneineec It is not
necessary to send certiticates from all ofthese.
�I pplrcunPs Ceriificarioe
I, , hereby state that, to the bes[ of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and intent of the 40I Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportine marerials.
Signature: Date:
,9genl's Certification
1, , herebq state that, to ihe best of my abilities. due care and diligence
was used in the observation ofthe construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and other supportine materials.
Si�nature: Date:
Engineer's Certificatinn
Partial Final
I. , as a duly regisrered Professional Enaineer in the State of North
Carolina, havin, been authorized to observe (periodically, �a�eekly, full time) the cons[ruc[ion of the projec[ for [he
Permittee hereby sta[e that, to Ihe bes[ 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
Water Quality Certification and Buffer Rules, the approved plans and specihcations, and other supporting matzrials.
Signature
Date
Reeistration No.
S�are of North Carolina I 6rvvnnmental QualiN
I FU Mail Sen�ice Crnter I Raleigh, North Carohna 27699-I617