20210560 Ver 1_Approval Letter_20210406

DocuSign Envelope ID:331682DA-F865-440D-B4A1-6B728312737D
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ROY COOPER ;5
Governor ` �_'.
DIONNE DELLI-GATTI �� B n%
Secretary \` .. .."'*=`
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 6, 2021
DWR#20210560
Harnett County
Greg Price,Division Environmental Officer
NC DOT Division 6
1000 Transportation Drive
Fayetteville,NC 28302
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Harnett County
Dear Mr. Price:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) March 12, 2021,to replace three 36 inch RCPs
with 1 at 13 ft 7in by 4 ft 7in aluminum box culvert. 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 15' 15' N/A
15' 15' N/A
Total
Total Stream Impact for Site: 15 linear feet
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DocuSign Envelope ID:331682DA-F865-440D-B4A1-6B728312737D
NCDOT Division 6
DWR#20210560
401 Certification
Page 2 of 6
Project Specific Conditions:
1. Due to the perched pipe conditions at the site,which would require the placement of the pipes on
severe gradient difference from inlet side to outlet side elevations, NCDWQ will not require the
burial of the culverts in the streambed in this location. Due to the perch condition of the pipes
Class II rip rap will be used to build up to the outlet invert elevation of the pipes. However, design
and placement of the culvert and other structures shall be installed in such a manner that the
original stream profiles are not altered (i.e.,the depth of the channel must not be reduced by a
widening of the streambed). Existing stream dimensions (including pattern and profile) are to be
maintained above and below locations of each culvert. The structures shall be designed and
installed to allow for fish and other wildlife movement as well as prevent headcutting of the
stream. The applicant may be required to provide evidence that the equilibrium has been
maintained if requested in writing by the NCDWR. [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)]
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)]

DocuSign Envelope ID:331682DA-F865-440D-B4A1-6B728312737D
NCDOT Division 6
DWR#20210560
401 Certification
Page 3 of 6
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. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A
NCAC 0213.0200]
14. Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT
Sediment and Erosion Control Manual.
15. All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
16. For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
17. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs),SA, WS-1,
WS-11, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A

DocuSign Envelope ID:331682DA-F865-440D-B4A1-6B728312737D
NCDOT Division 6
DWR#20210560
401 Certification
Page 4 of 6
NCAC 04B.0124,Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC
4135]
18. 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]
19. 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)]
20. 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)]
21. The outside buffer, wetland or water boundary located within the construction corridor approved by
this authorization, including all non-commercial borrow and waste sites associated with the project,
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. [15A NCAC
02H.0501 and .0502]
22. 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.
23. 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)]
24. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT
Division Engineer 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)]
25. 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)]
26. 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)

DocuSign Envelope ID:331682DA-F865-440D-B4A1-6B728312737D
NCDOT Division 6
DWR#20210560
401 Certification
Page 5 of 6
27. 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.
28. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable
at site, they shall be removed and the natural grade restored upon completion of the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)
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.
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
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.

DocuSign Envelope ID:331682DA-F865-440D-B4A1-6B728312737D
NCDOT Division 6
DWR#20210560
401 Certification
Page 6 of 6
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 [phone].
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 910-308-4021 or [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
cc: Liz Hair, USACE Wilmington Regulatory Field Office (via email)
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