20190104 Ver 1_Approval Letter_20190304

ROY COOPER
cove.no�
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Dimcmr
NOR�H CAROLINA
Environmenfa/Quality
Ma��n a, zo i v
6ertie County
NCDWR Project No.20I90104
TIP B-4916
APPROVAL of a0I WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Chris Rivenbark
Environmen[al Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Ralei�h. NC 37699-I598
Dear Mr. Rivenbark:
You have our approval, in accordance with the conditions listed below. Cor the following impacts for the purpose of
replacin� Bridge Number 57 over Quiocossin Swamp on US 13 in Bertie County:
Wetland and O en Wa[cr Im acts in [he Cho��an River Basin
Wetland Fill Wetland Fill Wetland Open Water
Site Permanent TemporAry Exca��a[ion � [emporary
ac) (ac) ac ac)
I 0.03 0.19 0.01 --
2 <0.01 �0.01 <0.01 --
3 <0.01 0.1I -- 0.01
Total O.Od 031 0.02 0.01
Net Total 037 0.01
The project shall be constructed in accordance with your application dated received January 33, 3019 and additiooal
information received February 19, 2019 and March d, 2019. After reviewin� your application, we have decided that
these impacts are covered by General Water Quality Certification Number d 135. This certification corresponds to
the Nationwide Permit 14 issucd by the Corps of 8ngineers. In addition, you should acquire any other federaL state
or local permits before you proceed wi[h your projec[ including (but not limited to) Sediment and Erosion Control,
Non-Dischar�e and Water Supply Watershed re�ulations. -Chis approval will espire with the accoinpanyin� dOd
permit.
This' approval is valid solely for the purpose and design described in your applica[ion (unless moditied below).
Should your project chan�e, you must notify the NCDW R and submit a new application. If the property is sold, [he
new owner must be given a copy ofthis Certification and approval letter,and is thereby responsible for complyino
with all the conditions. If rotal wetland fills for this project (now or in the future) exceed one acre, or oftotal
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 I�A NCAC 36.0?59. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions Iisted below.
Condition(s) of Certification:
The Permi[tee shall ensure that thc final design drawings depict the impac[s authorized wi[h this approval. These
drawin�s shall be submitted prior to the pre-construction meetin�. [ I SA NCAC 02H .0507(c) and 15A NCAC 03H
0506 (b)(_') and �c)(3)�
oon���, .F...D�.E Q �
North Carolina Departmen[ of Environmental Quality i Division of Water Resources
512 North Salisbury Street I Ibll Mail Service Cenrer ! Raleiqh. North Carolina P64'1-I61i
919 7079000
C— �

2. 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.
3. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by hi�hly 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]
4. 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. �[ISA NCAC 02H.0506(b)(2)]
5. 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)]
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [ISA NCAC 02H.0506(b)(3)]
7. 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)]
8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 1 13A 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 Carolirza Sedi`nent
and Erosion Cont�-ol ManL�al, or for linear transportation projects, the NCDOT Sedi�nent and E��osion
Control Manzral.
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 Szu-face Mining
Manz�al. 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-1 1, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sediinentation
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 4li5]
9. 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)]
10. Erosion control matting in riparian areas shall not contain a plastic or 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.0201]
1 I. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosi6n 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)]
12. 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. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
13. Bridge deck drains shall not discharge directly into the stream to the maximum extent practicable. Stormwater
shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed
scour holes, vegetated buffers, etc.) where possible 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 I SA NCAC 02H .0506(b)(5)]
14. 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)]
15. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifcally, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
16. 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)
17. A turbidity curtain will be installed in the stream if drivin� or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
18. The post-construction removal of any temporary fill and 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)
19. 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
that were temporarily impacted for the detour bridge at Sites 1 and 2. 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 be required. [I SA NCAC 02H.0506(b)(2) and (b)(3)]
20. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO 1000. .
2l . 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)]
22. The permittee and its authorized a�ents 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]
23. 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)]

24. The NCDOT will conduct a pre-construction meeting with all appropriate staffto ensure that the project supervisor
and essential staff understand the permit conditions and any potential issues at the permitted site. NCDWR staff
shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(bx2) and (b)(3)
25. Upon completion of the project (including any impacts at associated borrow or waste si[es), the NCDOT Division
Engineer shall complete the "Certification of Completion Form" to notify the NCDW R when all work included in
the 401 Certification has been completed. [ I SA NCAC 02H.0502(�]
26. A copy of this Water Quality Certification shall be maintained on the construction site at all [imes. 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 [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (c)(2)]
[f you wish ro 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 Ihe 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 ( I) 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 [he faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administra[ive Hearings
6714 Mail Service Cenrer
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. BiII 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,
/S��'1�"� / '
� Linda Culpepper, Director
Division of Water Resources
ElecVonic copy only distribu[ion:
Kyle Bames, US Army Corps of Engineers, Washington Field O�ce
Paul Williams, NCDOT, Division I
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy