20081716 Ver 1_Approval Letter_20081230

A OF W A T F?QG
r
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
December 30, 2008
Cumberland County
'DWQ Project No 20081716
SR 1363
TIP No U-3849
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr Gregory J Thorpe
NCDOT Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr Thorpe
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening SR 1363 in Cumberland County
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in
Perennial Stream
linear ft Temporary Fill in
Perennial Stream
linear ft Total Stream Impact
(linear ft) Stream Impacts
Requiring Mitigation
linear ft
1 436 58 494 436
2 118 25 143 0
Total 554 83 637 436
Total Stream Impact for Protect: 637 linear feet.
Wetland Impacts in the Cape Fear River Basin
Site Permanent Fill ac Mechanized Clearing ac Hand Clearing ac Total Wetland Impact ac
1 0 03 0 0 03 0 06
2 009 001 003 013
Total 0 12 0.01 0.06 0.19
Total Wetland Impact for Project- 0 19 acres
The project shall be constructed in accordance with your application dated received November 18, 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 Pernut 14 and General Permit 31 issued by the
Corps of Engineers 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 tlus 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 those listed below
o One
NthCarohna
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet http //h2o enr state nc us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F NJ A TF Michael F Easley, Governor
\O?O ?pG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Conditions of Certification
1 Compensatory mitigation for 436 linear feet of impact to streams is required We understand that you have
chosen to perform compensatory mitigation for impacts to streams 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 October 22, 2008 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory rmtigation requirements for the above-referenced project, in accordance with the Tr-Party
MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004
2 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 pernut modification will be required
3 If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream
channel should be avoided Stream channel widening at the mlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
4 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage Bioengmeering boulders or structures should be properly designed, sized and installed
5 For any streams being impacted due to site dewaterrng activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species
6 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
7 During the construction of the project, no staging of equipment of any kind is permitted in waters of the U S
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
9 The use of np-rap above the Normal High Water Mark shall be minimized Any np-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage
10 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
I 1 Heavy equipment shall be operated from the banks rather than in the stream channel in order to rmmrmze
sedimentation and reduce the introduction of other pollutants into the stream
12 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
Transportation Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet http //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
W A lF Michael F Easley, Governor
OF 'QQG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
S'r Coleen Sullins, Director
Division of Water Quality
0 -
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 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
16 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
17 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
18 The outside 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
19 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 a local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc
20 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
21 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 Form" to notify DWQ when
all work included in the 401 Certification has been completed ,
22 Native woody riparian vegetation (i e , 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
23 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
24 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
25 Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project
One
thCarohna
No
Transportation Permitting Unit Naturally
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet http Hh2o enr state nc us/ncvvetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F W A 7'F
O ? Michael F Easley, Governor
O?
pG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
\
r Coleen Sullins, Director
Division of Water Quality

26 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 m 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
If you do not accept any of the conditions of tlus 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 Adirumstrative Hearings, 6714 Marl 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 Rob Ridings at [phone]
Sincerely,
V
&Coleen Sullins
Director
Attachments (General Certification and Certificate of Completion form)
cc Jim Rerko, Division 6 Environmental Officer
Richard Spencer, US Army Corps of Engineers, Wilnungton Field Office
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Comrmssion
Beth Harmon, Ecosystem Enhancement Program (if applicable)
Ken Averitte, DWQ Fayetteville Regional Office
File Copy
Nose
? Carohna
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet http //h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycledl10% Post Consumer Paper