20180542 Ver 1_Approval Letter_20180615

Environmental
QUQ�(ty
ROY COOPER
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MICHAEL S. REGAN
,,� cr�ta,�v
LINDA CULPEPPER
�n�Erin7 L7ire�w�
June 15, 2018
Beaufort County
NCDWR Project No. 20180542
Bridge No.249
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Heather Lane
NCDOT, Division 2
1037 W.H. Smith Blvd.
Greenville, NC 27835
Dear Ms. Lane:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 249 over Duck Creek on SR 1336 (Hawkins Beach Rd) in Beaufort County:
Wetland lm acts in the '1'ar-Yamlico Kiver Kas►n
404 Coastal 404 Coastal Coastal
Wetland Wetland Wetland Wetland 404 Coastal �yetland
Site Fill Fill Fill Fill �'etland Wetland Hand Total
Permanent Permanent Temporary Temporary Excavation Excavation Clearing
(ac) (ac) (ac) (ac) (ac) (ac) (ac)
Bridge <0.01 0.02 -- � <0.01 <0.01 <0.01 0.03
249
Temp. __ __ ' 0.05 0.04 -- -- -- 0.09
brid e
Total 0.02 0.09 <0.01 <0.01 0.12
Ri �ariari Buffer [m acts in the Tar-Pamlico River Basin
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Reyuired (sq ft) in Zone 2 (not Required (using
(sy ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
(sy ft)
1 564 452 112 n/a 325 201 124 n/a
2 595 549 46 n/a 271 233 38 n/a
3 1043 489 554 1662 160 72 88 132
4 202 42 160 n/a 155 56 99 n/a
5 3340 2627 713 n/a 240 0 240 n/a
6 1178 1] 78 0 n/a 778 728 50 n/a
Totals
6,922 5,337 1,585 1,662 1,929 1,290 639 132
n/a = allowable use, no mitigation required
Site 3= road impact otl�er than crossing, mitigation required
State of North Carolina � Environmental Quaiity
] 617 Mail Service Center � Raleigh, North Carolina 27699-] b17

The project shall be constructed in accordance with your application dated received April 17, 2018 and additional
information received June 8, 2018. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide
Permit 14 issued by the Corps of Engineers. In addition, 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), Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259. 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:
1. 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.
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. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work is permitted
between February 15 and September 30 of any year, without prior approval from the NC Division of Water
Resources and the NC Wildlife Resources Commission. In addition, the permittee shall conform to the NCDOT
policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
4. Compensatory mitigation for impacts to 554 square feet of protected riparian buffers in Zone 1 shall be required at
a 3:1 ratio for a total mitigation requirement of 1,662 square feet. Compensatory mitigation for impacts to 88
square feet of protected riparian buffers in Zone 2 shall be required at a 1.5:1 ratio for a total mitigation requirement
of 132 square feet. 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 Tar-Pamlico Riparian Buffers shall be provided in the Tar-Pamlico
River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated March
14, 2108 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.
5. 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]
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. 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. 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)]
10. 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)]
11. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1,
WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), thenthe sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
12. 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. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
13. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
14. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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.
15. 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. [I SA NCAC 02B.0201]
16. 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)]
17. 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)]
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. 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)
22. 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)
23. 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. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)]
24. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species including woody species. [15A NCAC 02H .0506(b)(2)
25. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact
area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas
temporarily impacted by the temporary on-site detour. This update shall be conducted two growing seasons
after completion of the work and shall consist of photographs and a brief report on the progress of the areas in
re-attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall
schedule an agency field meeting with the NCDWR to determine if the wetland areas temporarily impacted by
this project have re-attained jurisdictional wetland status. If the wetland areas temporarily impacted by this
project have not re-attained jurisdictional wetland status, the NCDWR shall determine if compensatory wetland
mitigation is to be required. [15A NCAC 02H.0506(b)(2) and (b)(3)]
26. 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 befare the next growing season following completion of
construction. (15A NCAC 2B.0233)
27. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC 2B.0259)
28. New roadside ditches that do not control for nitrogen and attenuate flow befare discharging through the riparian
buffer are prohibited [15A NCAC 2B.0259(6)]
29. 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 OZH.0506(b)(3)]
30. 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)]
31. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]

32. 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]
33. 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)]
34. 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 work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
35. 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 manager. [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 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 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
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 [e-mail].
� Sincerely,
_ �I� Y• � ,
I:in�V ���.
Culpepper, i terrm Directar
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, NCDOT Division 2
Stephen Lane, NC Division of Coastal Management
Cathy Brittingham. NC Division of Coastal Management
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Robert Turnbull, Environmental Services, Inc., rtumbull@esinacc
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy

Environmental
QUal�ty
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certificatioo:
coU�ty:
ROY COOPER
�roverrtar
MICHAEL S. REGAN
Secretarv
LINDA CULPEPPER
InreYrnr Dt,����a�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modiiications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division af Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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.
Applicant's Certification
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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: _ Date:
Agent's Certffication
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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: , Date:
Engineer's Certification
Partial Final
I� , as a duly registered Professional Engineer in the State 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
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 specifications, and other supporting materials.
Signature _
Date
Registration No.
State of North Carolina � Enviromnental Quality
] 617 Mail Service Center � Raleigh, NoRh Carolina 27699-1617