20090702 Ver 1_Approval Letter_20090813

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MC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
August 13, 2009
Beaufort County
DWQ Project No. 20090702
Bridge 64 over Pungo Creek
TIP B-3809
APPROVAL of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 64 over Pungo Creek on NC 99 in Beaufort County:
Stream and Wetland Impacts in the Tar-Pamlico River Basin
Site Wetland Impacts
acres Stream Impacts
linear ft
1 0.01 472
2 54
3 <0.01
4 <0.01
Total 0.01 526
Tar-Pamlico Riparian Buffer Impacts ADDroved with this Certification
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact impacts Impacts (not Mitigation Impact impacts Impacts (not Mitigation
(sq ft) from from bridge) Required '- (sq ft) from from bridge) Required (using
bridge (sq ft) (using 3:1 ratio) bridge (sq ft) 1.5:1 ratio)
s ft s ft
B1 8,592 5,769* 2,823 8,469 2,328 1,159* 1,169 1,754
B2 244 0 244 732 0 0 0 0
B3 2,996 0 2,996 8,988 0 0 0 0
Totals 11,832 5,769 6,063 18,189 2 328 1,159 1,169 1,754
Total Buffer Impact for Project: 14,160 square feet.
*mitigation not required for impacts due to the bridge structure.
No wetlands present in buffer zones.
North Carolina Division of Water Quality Intemet: scern..ncomeruulil%.ore
943 Washington Square Mall Phone: [phone] NpithCarotina
Washington, NC 27889 FAX [phone]I7a Finally
An Equal Oppo?nity/Affirmative Action Employer -50%Recyded/10% Post Consumer Paper Or L ll
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The project shall be constructed in accordance with your application dated received June 17, 2009. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3699, 370 land 3688. These certifications correspond to the Nationwide Permits 12, 23 and 33, respectively, issued
by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B
.0259). 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 DWQ 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 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1. 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 DWQ 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, DWQ may reevaluate and
modify this certification.
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 permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and
Wildlife Service, and National Marine Fisheries Service. No in-water work is permitted between February 15
and June 15 of any year, without prior approval from the NC Division of Water Quality and the NC Wildlife
Resources Commission. In addition, the permittee shall conform with the NCDOT policy entitled "Stream
Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
4. Compensatory mitigation for 7,232 square feet of protected riparian buffer is required. We understand that you
have chosen to perform compensatory mitigation for impacts to buffers through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated May 18, 2009 that they will assume responsibility for satisfying the compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July
22, 2003 and the Dual-Party MOA signed on April 12, 2004.
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.
6. 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.
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.
8. 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.
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Placement of culverts and other structures in waters, streams, and wetlands 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 DWQ. If this condition is unable to
be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ
for guidance on how to proceed and to determine whether or not a modification to this certification will be
required.
10. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
11. Heavy equipment may be operated within the stream channels however, its usage shall be minimized. .
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
16. The outside buffer, wetland or water boundary located within the construction corri dor approved by this
certification 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.
17. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of
construction.
18. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification 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.
19. 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:
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.
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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.
20. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
21. 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:
22. 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. Please refer to the most current version of Stormwater Best Management Practices.
23. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
24. All sormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
25. Pursuant to NCAC 15A 2B .0259(6), sediment and erosion control devices shall not he placed in Zone I of any
Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ 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 buffets provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
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 DOT 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.
27. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Forth" to notify DWQ
when all work included in the 401 Certification has been completed.
28. A copy of this Water Quality Certification shall be maintained on site at 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.
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If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone].
S cer I
for '-'Co n S Ihns
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Jay Johnson, Division 2 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Stephen Lane, DCM, Morehead City
,Aonia Gregory, DWQ, 401 [Wetlands Unit
File Copy