20070350 Ver 1_Approval Letter_20070307

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Michael F. Easley, Governor
bVilliam G. Ross .I r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
March 5, 2007
Onslow County
DWQ Project No. 070350
SR 2209, Vista Cay Drive
State Project No. 3c.067055
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. H. Allen Pope, P.E., Division Engineer
NCDOT, Division 3
124 Division Drive
Wil>nington, North Carolina 28401
Dear Mr. Pope:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
implementing roadway improvements to SR 2209, Vista Cay Drive, in Onslow County:
Stream Impacts in the White Oak River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Sh•eam
in Intermittent Litermittent Perennial Stream in Perennial Impact Impacts
crossing Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
# (linear 1't) Mitigation
(linear ft
Stream 11 LF 11 LF
Channel (replace 39' pipe
"S" culvert w/50 LF of
Pipe B, 24" corrugated
(between aluminum pipe)
WL
B&C)
Stream 10 LF l OLF
Channel (replace 40' pipe
"SA" culvert w/50 LF of 18"
Pipe C, corrugated aluminum
(between pipo)
WL
D&E)
Total 11 LF 10 LF 21 LF
Total Stream Impact for Project: 21 linear feet.
One
NorthCarolina
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North Carolina Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. H. Allen Pope, P.E.
March 5, 2007
Page 2
Wetland Impacts in the White Oak River Basin (non-riverine)
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
(a~) (ac (ac)
A 0.001 0.001
B 0.027 0.027
D 0.035 0.03
F 0.004 0.004
G 0.003 0.003
Total 0.07 0.07
Total Wetland Impact 1'0-• Project: 0.07 acres.
The project shall be constructed in accordance with your application submitted February 27, 2007 by Mr. Mason
Herndon, Division 3 DEO, received March 1, 2007. After reviewing your application, we have decided that these impacts
are covered by General Water Quality Certification Number 3404. This certification corresponds to the Nationwide
Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state ur 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 if 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 as well as the
following:
Additional Conditions:
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 structtu-es. 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 permit modification will be required. (This condition is
waived for this particular project. Based on considerations discussed during the site visit, pipes "B" and
"C" are to be installed at existing grade. )
2. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
3. During the constriction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
L
4. The dimension, pattern and profile of the stream above and below the crossings should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.

Mr. H. Allen Pope, P.E.
~ March 5, 2007
Page 3
5. The use of rip-rap above the Nornlal 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.
All work in or adjacent to stream waters shall be conducted in a diy 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. (Given
site constraints, this condition is waived. However, timing of this work should coincide with low Clow
conditions. These systems are considered "streams" on the west side of tl~e road only.)
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 strewn.
8. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of sheam waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10. Dischw-ging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
11. The pernuttee 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 Clews Water Act) and any
other appropriate requirements of State and Federal law. If DWQ deterniines that such standards or laws are not
being inet (including the failure to sustain a designated or achieved tise) 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.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter thw-t 3: 1, unless otherwise
authorized by this certification.
13. A copy of this Water Quality Certification shall be posted 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 prof ect manager.
14. The outside buffer, wetland or water boundary located within the construction con-idor approved by this
authorization shall be clearly marked by highly visible fencing prior to auy land disturbing activities. lmpacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
15. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Fonn" to notify DWQ when all work included in the 401 Certification has been
completed.
16. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
17. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.

Mr. H. Allen Pope, P.E.
March 5, 2007
Page 4
18. 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 Nortlr Carolina Sediment and Erosion Control
Planning aJZCI 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 Ccrrolin~r
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, bon-ow
sites, and waste pile (spoil) projects, including contractor-owned or leased bon-ow 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 Mcn~ual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
19. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored upon completion of the project.
20. This approval will expire with the accompanying 404 federal permit. This condition supercedes condition No. 19
in General Certification No. 3404.
21. This project is located in a watershed classified as SA HQW and on a stream (Bear Creek) that is on the
303(d) list of impaired waters in North Carolina. Given the stream class and impaired status, no new
ditches are to be constructed within the roadway project area. However, grassed swales are an acceptable
method of providing lateral drainage. For projects impacting waters classified by the NC Environmental
Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WS I,
WS II) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means
appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into
streams. Mowing of existing vegetated buffers is strongly discouraged.
22. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)]. Temporary
cover (wheat, millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare
soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and
riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native
trees. Straw mulch and tall fescue should not be used in riparian areas.

Mr. H. Allen Pope, P.E.
March 5, 2007
Page 5
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 Ken Averitte at [phone].
Sincerely,
t ~l
~'v Alan W. Klimek, P.E.
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corps District Office
Mason Herndon, Division 3 Environmental Officer
Jennifer Frye, US Army Corps of Engineers, Wilmington Field Office
DLR, Wilmington Regional Office
Rob Ridings, 401 Wetlands/DOT Unit
Central Files
FRO File Copy
Joanne Steenhuis, WiRO
Onslow.SR2209. VistaCay.doc

DWQ Project No.:
Applicant:
Project Name:
Date of'Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. 1t is not necessary to send
certificates fiom all of these.
Applicant 's Cep°tificcation
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 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:
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
Pennittee 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
Registration No.
Date