20081489 Ver 1_Approval Letter_20081010

F W A rF
gQG
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o Michael F Easley, Governor
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b William G Ross Jr , Secretary
r North Carolina Department of Envirorunent and Natural Resources

'C Coleen H Sullins, Director
Division of Water Quality
October 10, 2008
Harnett County
SR 1140, Kershaw Road
DWQ Project No 081489
State Project No 6c 043070
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr Greg Burns, P E, Acting Division Engineer
NCDOT, Division 6
P O Box 1150
Fayetteville, North Carolina 28302
Dear Mr Burns
You have our approval, in accordance with the conditions listed below, for the following stream impacts for the purpose
of replacing and extending an existing culvert in an unnamed tributary to Horsepen Branch, class "C" waters in the Cape
Fear River Basin
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Crossing Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
# (linear ft) Mitigation
linear ft
1 8 LF
Sta replace existing
25+30 40'x 30"CMP
w/48'x 30" RCP
Total 8 LF 8 LF
Total Stream Impact for Protect: 8 linear feet
The project shall be constructed in accordance with your application dated August 15, 2008, received September 29, 2008
After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704 This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers In addition,
you should acquire any other federal, state or local penmts 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
NorthCarolma
Naturally
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 Greg Burns, P E
October 10, 2008
Page 2
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, as well as the
following additional conditions
Additional conditions
1) 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 permit modification will
be required
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 construction of the project, no staging of equipment of any kind is permitted in waters of the U S , or
protected riparian buffers
4) The dimension, pattern and profile of the stream above and below the crossing should not be modified Disturbed
floodplains and streams should be restored to natural geomorphic conditions
5) 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
6) 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
7) 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 stream
8) 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
9) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited
l

Mr Greg Burns, P E
October 10, 2008
Page 3
11) 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
12) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 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 project manager
14) The outside buffer, wetland or water boundary located within the construction corridor 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
15) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification
of Completion Form" 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
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 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
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
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
Mr Greg Burns, P E
October 10, 2008
Page 4
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,
Coleen H Sullins
Attachments (General Certification and Certificate of Completion form)
cc Wilmington US Army Corp District Office
Jim Rerko, Division 6 Environmental Officer
Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
gSEm' Gregory 401-/Wetlands-DOT-Unit.
FRO, DWQ
File Copy
Hamett sr1140 KershawRd 081489 401 doc