20110611 Ver 1_Approval Letter_20110711

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 11, 2011
Brunswick County
NCDWQ Project No. 110611
SR 1375 (Stanley Trail)
State Project No. 3C.010062
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDIT70NS
Mr. H. Allen Pope, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Dear Mr. Pope:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
implementing roadway improvements to SR 1375 (Stanley "frail) in Brunswick County:
Wetland Im acts in the Lumber Basin riverine
Site Fill Fill Excavation Mechanized Hand Clearing Area under Total Wetland
(ac) (tempm'ary) (ac) Clearing (ac) (ac) Bridge Impact (ac)
ac (ac)
Wetland A 0.06 0 0 0 0 0 0.06
Total <0.01 <O.OI 0 0 0 0 0.06
Total Welland Impact for Project: 0.06 acres.
The project shall be constructed in accordance with your application dated received June 29, 2011. After reviewing
yom' application, we have decided [ha[ these impacts are covered by General Water Quality Certification Number
3820. This certification corresponds [o the Nationwide Permit t4 issued by [he Corps of Engineers. In addition,
you should acquire any other federal, state or local permits before you proceed with your project including (but no[
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 NCDWQ and submit a new application. if the property is sold, the
new owner must be given a copy of [his 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 furore) exceed one acre, or of total
impacts to streams (now or in [he fu[ure)exceed 150 linear feet, compensatory mitigation maybe required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval [o remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. This approval will expire with the accompanying 404 federal permit. This condition supercedes condition
No. 19 in the General Certification 3820.
225 Green St., Suite 714, Fayetteville, NC 28301-5043 One
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General Conditions
2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below [he 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 [hat 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 [he equilibrium is being maintained if requested
in writing by NCDWQ. If [his condition is unable to be me[ due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
3. 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 mtcured concrete shall not be
discharged to surface waters due [o the potential for elevated pH and possible aquatic life and fish kills.
4. During the construction of the project, no staging of equipment of any kind is permitted in waters of [he
U.S, or protected riparian buffers.
S 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.
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. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
8. All work in or adjacent to stream waters shall be conducted in a dry 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.
9. Heavy equipment shall be operated from [he banks rather than in the stream channel in order [o minimize
sedimentation and reduce the introduction of other pollutants into the stream.
10. 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.
1 I. No rock, sand or other materials shall be dredged from the stream channel except where authorized by [his
certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
13. The permittee and its authorized agents shall conduct its activities in a manner consistent with Stale water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Ac[) and any other appropriate requirements of State and Federal law. [f NCDWQ determines [hat such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that S[a[e
or federal law is being violated, or that further conditions are necessary [o assure compliance, NCD WQ may
reevaluate and modify this certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Rater Quality Certification and all subsequent modifications, if any, shall be maintained with
[he Division Engineer and the on-site project manager.

I6. -The outside buffer, wetland or water boundary located within [he construction con'idor 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.
17. The issuance of [his certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govenunent agencies (i.e. local, state, and
federal) havingjurisdiction, including but not limited [o applicable buffer rules, s[ormwater management
rules, soil erosion and sedimentation control requirements, etc.
18. The Permittee shall report any violations of this certification to [he Division of Water Quality within 24 hours
of discovery.
19. Upon completion of the pt'oject (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or whomever is the authorized agent if anon-NCDOT project) shall complete and rerun
the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the 401
Certification has been completed.
20. Native riparian vegetation must be reestablished in [he riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
2 L 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, 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.
22. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Bes[ 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 [he 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 Mamral. 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.
c. For borrow pi[ 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 [he reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
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 dw'ing normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the how's 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 [he docwnent 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: (919)-T3-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of [he Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact btason Herndon a[ [phone].
Sincennrely,
~E ,~ `~ ~ -
Il~t~ Coleen H. Sullins
o' Director
Cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Em~ironmental Officer
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
nia Carrillo, NCDWQ Central Regional Office
File Copy