20091293 Ver 2_Approval Letter_20100225

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 25, 2010
Pender County
DWQ Project No. 091293v2
NCDOT Project No. 41246.3
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. H. Allen Pope, P.E., Division Engineer
NCDOT, Division 3
124 Division Drive
Wilmington, North Carolina 28401
Dear Mr. Pope:
Dee Freeman
. Secretary
You have our approval, in accordance with the conditions listed below, for the following wetland impacts for the purpose
of completing intersection improvements to US Highway 17 at the junction with Sloop Point Road, SR 1561, in Pender
County. Wetland impacts will be the result of construction of a U-turn bulb in the southbound lane in order.to provide a
safe crossover/turnaround. This work will take place in the watershed of Virginia Creek, Class SA-HQW in the Cape Fear
River Basin.
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(per (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
.application) (ac) (ac) (ac)
site t 0.06 0.06
Bulb-out #2,
near
Sta.993+02.3
Total 0.06 0.06
Total Wetland Impact for Project: 0.06 acre
NorthCaro lina
Naturally
225 Green St.. Suite 714, Fayetteville: NC 28301-5043
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: w mmatergualitv.on
An Equal OpPO'ILiniry 1 Affirmative Action Employer
Mr. H. Allen Pope, P.I.
February 25, 2010
Page 2
The project shall be completed in accordance with the revised application dated February 16, 2010, submitted on your
behalf by Mr. Mason Herndon, DEO for Division 3, received February 17, 2010. After reviewing this application and
supporting information, we have decided that the proposed impacts are covered by General Water Quality Certification
Number 3704, which corresponds to Nationwide Permit 14 as issued by the Corps of Engineers. In addition, you should
comply with any other federal, state or local permits as you complete this 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 revised 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 or streams 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.
Mr. H. Allen Pope, P.E.
February 25, 2010
Page 3
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.
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.
Mr. H. Allen Pope, P.E.
February 25, 2010
Page 4
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) HQW/ORW
For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW), or Water Supply I or 11 (WSI, WSH) 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.
The permittee shall use Design Standards in Sensitive Watersheds/115A NCAC 4B.0124(a)-(e)l in areas draining to
HQW waters. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be
planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control.
2t) The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. Should ditching around the bulb be deemed necessary to provide shoulder drainage, this
approval must be amended if the ditching results in drainage of the adjacent wetland.
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,
ya? .?lq?L?
Coleen H. Sullins
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Mason Herndon, Division 3 Environmental Officer
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Sonia Carrillo, 401/Wetlands DOT Unit
FRO, DWQ
File Copy
Pender.US 17-SloopPointRd.091293v 2.401. doe
CERTIFICATE OF COMPLETION
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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. It is not necessary to send
certificates from all of these.
Applicant'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:
Agent's Certification
1, , 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
1, , 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
Permittee 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