HomeMy WebLinkAbout20201553 Ver 1_Approval Letter_20201204 DocuSign Envelope ID: E4456905-3A14-4A8E-8430-19B8BE47DE28
"s„ STATE
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ROY COOPER _
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MICHAEL S.REGAN ` * a ,6 _='
Secretory ^°E°_=
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 4, 2020
NCDWR#20201553
Sampson County
NCDOT Division 3
Attn: Mr. Sean Farrell
5501 Barbados Boulevard
Castle Hayne,NC 28429-5647
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
SR 1845 Rosin Hill Road Pipe Replacement, Sampson County
Dear Mr. Farrell:
You have our approval for the impacts listed below for the purpose described in your application dated
November 24,2020,received by the Division of Water Resources(Division)on November 24,2020.
These impacts are covered by the attached Water Quality General Certification Number 4132 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 3
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project,including those required by(but not
limited to) Sediment and Erosion Control,Non-Discharge,and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream
in Intermittent in Intermittent Fill in Fill in Impact Impacts
Stream(linear Stream(linear Perennial Perennial (linear ft) Requiring
ft) ft) Stream Stream(linear Mitigation
(linear ft) ft) (linear ft)
Site 1 5 5 N/A
5 5 N/A
Total
Total Stream Impact for Site: 5 linear feet
D_E Q North
North Carolina DueSalisburypartmentStreet1 o1617 f En MviailronmentalService Center R Quality I Divisionaleigh,North Carolina of Water Resources
NOR CAROLINA
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Department or Environmental ouarry 919.707.9000
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NCDOT Division 3
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This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Certification. If you change your project,you
must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below,you must notify the Wilmington Regional
Office within 24 hours(or the next business day if a weekend or holiday)from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next
business day if a weekend or holiday)from the time the permittee became aware of the non-compliance
circumstances.
Project Specific Conditions
1. Due to the existing geomorphological conditions at the site as described in your application
received on November 24,2020,the pipe replacement did not meet the burial requirement of GC
4132 of 1 foot. The proposed culvert is to be buried on a 1.5 percent slope. The inlet end of the
pipe will be buried at one foot and the outlet end will be at grade. Due to the scour hole at the end
of the pipe 5 linear feet of grouted rip rap will be added at the downstream pipe outfall. If any
compliance issues with the culvert occur,DWR may require DOT to submit a modification of this
culvert design. [15A NCAC 02H.0506(b)(2)]
General Conditions
2. Unless otherwise approved in this certification,placement of culverts and other structures in open
waters and 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 downstream of the above structures. The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If
this condition is unable to be met due to bedrock or other limiting features encountered during
construction,please contact NCDWR for guidance on how to proceed and to determine whether or
not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
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 uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. [15A NCAC 02B.0200]
4. 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. [15A NCAC 02H.0506(b)(2)]
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5. 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.
[15A NCAC 02H.0506(b)(2)]
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. [15A NCAC 02H.0506(b)(2)]
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506(b)(2)
and(c)(2)]
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. [15A NCAC 02H.0506(b)(3) and(c)(3)]
9. 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. [15A
NCAC 02H.0506(b)(3)]
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. [15A NCAC 02H.0506(b)(3)]
11.No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification. [15A NCAC 02H.0506(b)(3)]
12.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
13.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 the NCDWR
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, the NCDWR may reevaluate and modify this certification. [15A NCAC
02B.0200]
14.All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
15.A copy of this Water Quality Certification shall be maintained 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. [15A NCAC 02H .0507(c) and 15A
NCAC 02H .0506(b)(2)and(c)(2)]
16.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
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activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and.0502]
17.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.e.
local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
18. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
19. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Project manager shall complete and return the enclosed"Certification of Completion Form"
to notify the NCDWR when all work included in the 401 Certification has been completed. [15A
NCAC 02H.0502(f)]
20. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of
the project by the end of the growing season following completion of construction. [15A NCAC
02B.0231(a)(6)]
21. 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.[15A NCAC 02H.0506(b)(3) and(c)(3)]
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 Best Management Practices in
order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and(c)(3]):
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.
23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and(c)(3)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative
DocuSign Envelope ID: E4456905-3A14-4A8E-8430-19B8BE47DE28
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Hearings(OAH)within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Joanne Steenhuis at(910) 796-7306 or joanne.steenhuis@ncdenr.gov
if you have any questions or concerns.
Sincerely,
EDocuSigned by:
0, /11 @VIA/I.A,
9C9886312DCD474...
Amy Chapman
Supervisor
Transportation 401 &Buffer Permitting Branch
Division of Water Resources,NCDEQ
cc: Brad Shaver,USACE Wilmington Regulatory Field Office(via email)
Mason Herndon,Division 3 Environmental Officer
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