20190200 Ver 1_Approval Letter_20190222

ROY COOPER
cove�no.
MICHAEL S. REGAN
se«Pm.y
LINDA CULPEPPER
D�recror
Bank Stabilization to Perennial
Stream (linear f[)
ao
February 32.3019
Franklin & Warren Coun[ies
NCDWR Projcc[ No. 20190200
Bridges 66 & 9 on NC 58
State Project Nos. 17BPS.R.87 & 17k3P.5.R.72
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with
ADUITIONAL CONDITIONS
Mr. Joey Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions listed below, for [he following impacts for [he purpose of replacing Bridge
66 in Franklin County and Bridge 9 in Warren County:
Site
Total
IOU
153
Total Stream Impact for Project: 253 linear feet.
Wetland Im ac[s in the Tar-Pamlicu River Basin
Si[e Permanen[ Fill (ac) Excavation ac) Mechanized Clcarin',
I 0.03 0 0
i]
0
To[al
�. � Q�,�
0.05
0.14
NORh Carollna Department of Environmental Quality I Drvision of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919]07.9000
0.17
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NORTH CAROLINA
Environmental Qua/ity
� thc Tar-Pamlico River Basin
Temporary Drwatering to Perennial
s�
ii
0
O.UI
Total Wetland Impact for Project: 0.32 acres.
Total Stream Impact
��?
i�i
253
Total We[land
0.03
034
0.32
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Tar-Pamlico Riparian Buffrr Impacls
Site Zone I Impact
(s ft
To[als 8177
Zone I Buffer Mitigatiun Rcyuired
�ueing3:l ra[io�
N/A
Zune 2 Impact
$$ys
Zone 2 Buff'er Mitigation
tequired (usine I.5:1 ratic
* n/a ="Ibtal for Sitc ia less dian I/3 acre and I50 linear fee[ of impact, no mitieation required
Tutal Buffer Impact for Projec[: 14075 syuarc fcet.
N/A
The project ahall be constructed in accordance with your application received February 14, 3019. Af�[er reviewing your applica[ion.
we have decided [hat these impacts are covered by General Water Quality Certitication Number 4135. This certitication corresponds
to [he Nationwide Permit 14 issued by the Corps of �ngineers. This approval is also valid for the Tar-Pamlico Itiparian Buffer Rules
(ISA NCAC 2B.02�9). In addition, you should acquire any other federal, s[ate or local permits before you proceed with yow� project
including (but no[ limited to) Sedimem and Erosion Control, Non-0ischnrge and Wa[er Supply Watershed re,ulations. l�his approval
will expire wi[h the accompanying 404 permit.
This approval ia valid solely for the purpose and desien described in your applicaiion (unless inoditied below). Should your project
change, you must notity [he NCDWR and submit a new application. Ifthe property is suld, the new owner must be given a copy of
Ihis Certification and approval letter. and is thereby responsible tor complyine with all �he cunditions. If rotal wedand tills for this
projec[ (now or in the iliture) exceed one aere, or of total impacts to sVexms (now or in the future) exeeed I50 linear feet,
compensatory mitigation may be required as described in I SA NCAC ?I I.0506 (h) (6) and (7). Additional buffer impacts may mquire
compensatory mitigation as described in I SA NCAC �f3.0259. For �his approval to remain valid, you must adhere to the cooditions
listed in the General Certitication and any additional cunditions listed below.
Conditions uf Certification:
I. In accordance with commitmcnts made in yuur application for the rninimization ofeffects to federally pro[ected aquatic species,
NCDO'� shall use De.��ign Stnndnrrl�� Lr SensiNre R'uler��Ned.r ( I 5A NCAC d6.0134�bJ-�e�). Any deviation tYom avoidance and
minimization measures included with your applicatiun ahall be coordinated with approval frum NC W ildlife Resourcea Commission
and US Pish and Wildli�e Service.
2. The pos[-construc[ion removal of any temporary bridge strucuires must retum the project site to its preconstruction contours and
elevations. �I�he impacted areas shall be revegetated with appropriate native species. �ISA NCAC 03H .0506(b)(2)J
3. As a condi[ion of[his 401 Water Quality Cenificatiun, the bridge demulition and construc[ion must be accomplished in strict
compliance wi[h [he most recent version of NCDOT'a 6est Manageinent Practices for ConsVuction and Main[enance Activi[ies. �I SA
NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)J
4. 6ridge deck drains shall not discharge directly intu lhe stream. Stormwater shall be directed across the bridge and pre-Ireated
through site-appropriate means (grassed swales, pre-forined scour holes, vegetated buffers, etc. ) before entering the stream. To ineet
the requirements of NCDOT's NPDBS permit NCS0000350, please reler [o the mos� recent version ot�the Noi�th Cai�olin« Dep�m�meni
�J�7i�on.vpurtutiun Srornn��oter /iesl �Lfanugeneen! Pruclic'ea' Toolhos manual for approved measures. [ I SA NCAC 02H .0507(d)(Z) end
ISA NCAC 02k1 .0506(b)(5)J
5. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More
specillcally, jet�ing or other methods of pile driving are prohibimd without prior written appruval from the NCDWR tirst � ISA NCAC
0211.0506(b)(2)J
6. No drill slurry or water that has been in contact with imcured concrele shall be allowed tu en[er surface waters. l�his water shall be
captured, treated, and disposed of properly. �I SA NCAC 02H .0506(b)(3)J
7. A turbidity curtain will be instxlled in the stream if driving ur drilling activities occur within the stream channel, on the stream bank,
or within 5 fee[ of Ihe top of bank, or during the removal of beots from an old brid�e. � I SA NCAC 021I .0506(b)(3) J
�..,...,.:._._� Q�r
North Carolina DeUartinent of Environnientdl Quahty I Drvision of Wa[er Resources
512 North Salisbury S[reet I 1617 Mail Sernce Cen[er I Raleigh, North Carolina 2769916ll
919-707-9000
� �

8. Pipes and culverts used exclusively to inaintain equilibrium in wetlands, where aquatic li(e passage is not a concern. shall not be
buried. These pipes shall be inatalled at natural ground elevation. � ISA NCAC 3H.0506]
9. Riprap shall not be placed in the active thalweg channel or placed in the s[reambed in a manner that precludes aquatic lile passage.
l3ioenginecrin�; boulders or structures should be properly desiened, sized and installed. [ I SA NCAC 02H.0506(b)(3)f
10. For any streams being impacted due to site dewatering activi[ies, the site shall be �raded to its preconstruction contours and
revegetatad wi[h appropriate native species. [15A NCAC 0211.0506(b)(2)J
I I. All slormwater runoff shall be directed as shee[Flow dirough stream buffers at non-erosive velocities, unless otherwise approved
by this certi�ication. �ISA NCAC 3B.0259]
12. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and revegetated. Maintained bu(fers shall be pennanently reveeetated with non-woody speeies by the end ofthe growing
season f'ollowing eompletion uf construction. 1'or the purpose of this eondi[ion, maintained buffer areas are defined as areas within the
[ransportatiun corridor that will be subject to re�ular NCDOT maintenance activiiies including mowing. The area with non-maintained
buffers shall be permanently revegetated with native woody species before lhe next growing season following cuinpletion of
construction. � I SA NCAC 2B.0259]
13. Pursuant to I SA NCAC 2B.0359(6), sediment and erosion conu'ol devices shall not be placed in Zone I of any �I�ar-Pamlico ButTer
without prior approval by Ihe NCDWR. At this time, the NCDWR has approved no scdiment and erosion control devices in Zone I.
outside o(the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in
Zone 3 of the buffers provided tha[ Zone I is not compromised and that discharge is released aa ditluse flow.
14. Native riparian vegetation (Irees and shrubs native to your geographic region) must be reestablished in the riparian areas within the
construction limits of the project by Ihe end of the growing season following completion of construetion. [ I SA NCAC 02B.0?59(10)J &
[ I SA NCAC 026.0506(b)(2)�
I5. Ifconerete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and
stream watec Water [hat inadverlently contacts uncured concrele shall not be discharged to surface waters due to the potential for
eleva[ed pH and possible aquatic life and tish kills. �I iA NCAC O�B.0300J
16. During the construction of the project, no staging of equipment ofany kind is permitted in waters of the U.S., or protected riparian
buffers. [ISA NCAC 02H.0506(b)(3)]
17. The dimension, pattern and profile of the s[ream above and below the crossing shall not be rnoditied. Disturbed Floodplains and
streams shall be res�ured to natural geomorphic conditions. [ISA NCAC 03H.0506(b)(2)J
I8. The use of rip-rap above the Normel Ili�h Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be
placed in stream channels in such x manner that it does not impede aquatic life passage. � 15A NCAC 02H.0506(b)(2)J
19. The Pcnnittee shall ensure tha� the tinal design drawin,�s adhere ro the permit and to the permit drawings submitted for approval.
[ I SA NCAC 021I .0507 (c) and 15A NCAC 0311 .OSU6 (b)(3) and (c)(3)�
20. All work in or adjacent to s[ream waters shall be conduc[ed in a diy work area. Approved 6MP measures Irom the most cu�rent
version of NCDOT Construc[ion and Maintenance Activities manual such as sandbags, rock benns, cofferdams and o[her diversion
s[ruc[ures shall be used m prevent excavation in Flowing water. � I SA NCAC 02H.0506(b)(3) and (c)(3)]
21. I leavy equipment shall be operated from Ihe bnnka rather Ihan in the stream channel in order to minimize sedimentation and
reduce the introduction ofother pollwants into the stream. � ISA NCAC 03H.0506(b)(3)J
22. All mechanized equipmen[ operated near Surface waters must be re,ularly inspected and m�intained to preven[ comamination of
stream waters from fuels, lubricants, hydraulic �luids, or other tosic materials. � I SA NCAC 03H.0506(b)(3)]
23. No rock, sand or other materials shall be dredged Gom the stream channel e�cept where aulhorieed by this certitication. � I SA NCAC
02 H.0506( b )(3)J
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North Carohna DeUartmen[ of Envuonmental Quahly I Drvisron of Water Resources
512 North Salisbury Street I l6ll Mail Service Center Raleigh. North Caroline 2 7 6 9 316 17
919.70 7.9000
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24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface wa[ers is prohibited.
�ISA NCAC 02H.0506(b)(3)]
25. The permittee and its authorized agents shall conduct its ac[ivities in a manner consistent with State water quality standards (including
any requiremen[s resulting from compliance with y303(d) of die Clean Water Act) and any other appropriate requirements of Staic and
Federal law. If the NCDWR determines that such standards or laws are no[ being met (including the failure [o sus[ain a designated or
achieved use) or that State or federal law is beinE violttted, or that fw�ther conditions are necessary to assure compliance, die NCDWR
may reevalua�e and modify this ceiKitication. �15A NCAC 02I3.0200�
26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no �atter than 3:1, unless otherwise authorized by Ihis
ccrti(ica[ion. [ISA NCAC 02H.0506(b)(3)]
27. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, die Water Qualiry
Certilication and all subsequent modifications, if any, shall be maintained with the Division Gngineer and the on-site project mann_cr.
� I SA NCAC 03H .0507(c) and I SA NCAC 02H .OSU6 (b)(2) and (c)(2)]
28. The ou[side buffer, welland or water boundary located within the cunstruction corridor approved by this authurization, including all
non-commercial borrow and waate si�es associa�ed with the projecL shall be clearly marked by highly visible fencing prior to any land
disturbing activitics. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certitication. � I SA NCAC
03H.0501 and.0502�
29. The iss'uance of this certitication does not exemp[ the Permittee Gom complying with any and all s[atutes, rules, regula[ions, or
ordinances Ihat may be imposed by o[her govemment a�encies (i.e. local, state, and federal) having jurisdiction, includin� but not limited
to epplicable buffer rules, stormwater mana��ement rules, soil erosion and sedimentation control requirements, etc.
30. The Permittee shall report any violations of this certitication to the Division of Wa�er Resources within 24 hours of discovery. �I SA
NCAC 02B.0506(b)(2)]
31. Upon completion of the project (including any impacts at associated borrow or waste si�es), the NCDOT Division Engineer shall
complete and return Ihe encloscd "Cenification of Completion Irorm" to noti(y the NCDW R when all work included in the 401 Certitication
has been completed. �ISA NCAC 02H.0503(�J
33. There shall be no exeavation ti�om. or waste diaposal into, jurisdictional wetlands or waters associated with this permit without
appropriate modification. Should waste or bon�ow sites, or access roads tu waste or borrow sites, be located in wetlands or streama,
compensatory mitigation will be required since that is a direct irnpact from road construction activities. � I SA NCAC 03H.05p6(b)(3) and
(c)(3 )]
33. Erosion and sediment conU'ol 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 warers standards [ I SA NCAC 03H.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 rccent vcrsion of the Norlh Curulinn Sedrmen[ un�l Erusion Conl��ol Plunning �md Desrgn
Munanl.
b. ��he deaign, ins[allation, operation, and maintenance uf Nie sediinent and erosion control measures must be such that �hey
equal, or exceed, the requirements specifed in the most recent version of the North Cni�olinc�Sediment and Erusrrm C'u��uvl
Muiruol. The devices shall be inaintained on all construction sites, borrow si[es, and wasle pile (spoil) projects. includin,
contractor-owoed or leased borrow pits associated with the projec�.
c. For borrow pit sites, the erosion and sediment conu�ol meaaures must be designed, installed, operated. and maintained in
accordance with the most recent version of the North Carolrnu Sru�Jace hfining M1funanl.
d. "fhe reclamation measures and implemenTation nmst comply with the reclamalion in accordance with the requirements of
[he Sedimentation Pollution Con[rol Acl.
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North Carolina DeUartinent of Envuonniental Quahty I Drvision of Wa[er Resources
512 North Salisbury Street I 1617 Mail Sernce Center I Raleigh. North Carolina 27699-1617
919]07.9000
� — �

34. Sediinent and erosion control measures shall nut be placud in wetlands or surface waters, or wi[hin 5 feet of the top of bank, without
prior approval t�om D W R� I SA NCAC 02HA506(b)(3) and (c)(3 )]
35. When applicable, all construction activities shall be perforined and mainlained in full compliance with G.S. Chapter I 13A Article 4
(Sediment and Pollution Control Act of 1973). Regerdless o(applicability of the Sediment and Pollution Control Act, all projects shall
ineorpora[e appropriate Best Mxnagement Practices for the control of sediment and erosion so that no violations of state water yuality
standards, statutes, or rules occuc �I SA NCAC 03H .0506{b)(3) and (c)(3) and I SA NCAC 03B.0200]
36. Design, ins[alla[ion, operation, and maintenance of all sediment and erosion con[rol measures shall be equal to or exceed the
requirements specified in the most recent version o( Ihe Norlh Carolinn Sedimeni und Erosion Conu•ol Mcinucd, or for linear
transportation projects, the NCD07'Se<limeni und t7�osrai Conu•ol M1lnnunl.
All devices shall be maintained un all construction sites, borrow sites.and waste pile (spoil) sites, including contractor-owned or leased
borrow pits essociated wilh the project. Sufficient materials required (or stabilization and/or repair of erosion control measures and
s[ormwa[er routingand treatment shall be on si[e at all times.
For borrow pit sites, the crosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the Nor�h (.'arulinci Siu�Ji�ce Mininx M1lnnuul. Reclamation measures and implementation shall comply
with the reclamation in eccordance with the requirements of the Sedimentntion Pollution Contrul Act and Ihe Mining Act of 1971.
The sedimentation and erosion control desi�ns shall comply with the requirements set forth in I SA NCAC 04B .0124, DesignS�undm�ds
inSensitive Wn�ei�shecL �ISA NCAC 03H.0506(b)(3) and (c)(3); GC 4135J
If you wish to contes[ any statement in the attached Certification you must lile a pe[ition for an administrative hearing. You may
obtain the petition form from the oftice of Administrative hearings. You musl file the peti[ion with the oftice of Administrative
I learings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in Ihe oflice of
Administrative Hearings during normal office hours. The Oftice of Administra[ive Ilearin�s accepts filings Monday through Friday
between the hours of 8:OOam and S:OOpm, escept for ofticial state holidays. The ori�inal and one ( I) copy of Ihe petition must be filcd
with the ORice of Administrative Hearings.
The petition inay be faxed-provided [he original and one copy of the document is received by [he Office of Administrative Hearings
within five (5) business days following the faxed transmission.
The mailing address for [he Ofhce of Adininistrative Hearin�s is:
Oftice ot�Administrative Hearings
6714 Mail Service Center
Raleigh. NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of lhe petition mus� also be served on DEQ xs follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
160I Mail Service Center
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North Carolina Department oY Environmentai Quahry �, Drvisiun uf Water Resources
512 North Salisbury S[reet I 1617 Mail Sernce Center I Raleigh, North Carolina 2769&1617
919707.9000
C— �

This letter comple[es the review oYthe Division of Water Res'ources under Section 401 of the Clean Water Act. If you have any
yuestions, please contact Rob Ridings at 919-707-3873
Sincerely,
i
v� •
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribu[ion:
James Lastinger, US Army Corps of Engineers, Ralei�h Field Oftice
Chris Murray, Division 5 Environmental Otlicer
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
File Copy
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North Carolina DeUartnent of Envuonniental Quahry I Dwision of Wa[er Resources
512 North Sallsbury Street ( 16ll Mail Service Center I Raleigh. North Carolina 2 7 699-161 7
919]07.9000
�— �