20160194 Ver 1_Approval Letter_20160301

�: h „
1' �V
�`� _��� ,„
Water kesources
ENVIRONMENTAL OUALITY
E� ��� �t��c�ftuizti,
UOI�'�,�LU It. ;',�'�l Ul�;k VAART
��-, �, :-�«, �.
S. JnY "_1,IMMF;RMAN
March I, 2016
Brunswick County
NCDWR Project No. 20160194
SR 1426 Pipe Replacement
State Project No. 3B.20101 1
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Ms. Karen Collette, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Dear Ms. Collette:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing an existing culvert at the crossing of Indian Creek on SR 1426 (Mt. Misery Road) in Brunswick County:
Stream Im acts in the Ca e Fear River Basin
Site Permanent TPmporar,y � Perm�nent Temporarv i 13ank i Total Stream
� Fill in Fill in Fiil in � riil in � Stabilization S[ream � Impacts
Intermittent Intermittent Perennial Perennial (linear ft.) Impact Requiring
Stream Stream Stream Stream (linear ft.) Mitigation
(linear ft.l (linear ft.l (linear ft.) (linear ft.) (linear ft.)
1 � 0 � 0 � 44* � 60 � 0 � 104 � 0
Total I 0 I 0 I 44* I 60 I 0 I 104 I 0
Total Stream Impact for Project: ]04 linear feet.
*includes 40 If of rip rap at the pipe outlet to fill blowhole in streambed and bank stabilization.
Wetland Im acts in the Ca e Fear River Basin riverine
Site Fill Fill Excavation Mechanized Hand Total
(ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact
(ac)
I 0.002 0 0 0 0.013 0.015
Total 0.002 0 0 0 0.013 0.015
Total Wetland Impact for Project: 0.015 acres.
The project shall be constructed in accordance with your application dated received February 29, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certificatior,
Number 38�3. Tl�is cerlification corresponds to the Nationwide Permit 3 issued by the Coros of Engineers. In
State of No�th Carolina I,Enviromnzntal Quality I Water Resources
1617 Mail Service Ceoter, Raleigh, Norf.h C2rolina 27099-16i7
Phone:[phone]`s0U

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 riotify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letier, 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 and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. 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)]
2. 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 inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [ 15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage.
BiePngin�ering boulders or stn:rt,trPs should be properly designed, sized and installed. [15A NCAC
02H.0506(b)(2)]
4. For the 60 linear feet of streams being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
5. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can
impinge and entrap small animals. Matting should be secured in place with staples, stakes, or wherever
possible, live stakes of native trees. Riparian areas are defined as a distance 25 feet landward from top
of stream bank. [15A NCAC 02H.0506(b)(3) and (c)(3)]
6. The project shall be constructed in accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements
of the NCGO1000. [15A NCAC 02B.0211].
General Conditions
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-equi:ibrium of wetlands or streacr�beds or banks, adjacent to or upstream a�-�d
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 pe_rmit modification will be required. [15A NCAC
02H.0506(b)(2)]

8. 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]
9. 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. [1�A NCAC 02H.G506(b)(2j]
10. 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)]
11. 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)]
12. 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
(�)(2)l
13. 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)]
14. 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)]
15. All me�hanized e��aipment operate� near surface waters c:�ust be regularly inspected and maintair.ed ta
nrevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)] �
16. 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)]
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
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) ofthe Clean Water
AGt) 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 siopes 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
.0�06 (b)(2) and (c)(2 j]
21. The outside buffer, wetland or water boundary located within the construction corridor approved by this
autharization shali be c1_early marked by highly v�sihle fencing prior to any land distarbu�g
activities. Impacts to areas within the fencing u•e prohibited unless otherwise anthorized Uy this
certiticat�an. [l5A 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
nours of discovety. [15A NC�iC 02BA�06(b)(2)]
24. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Facilities Director 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( fl]
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.056(b)(2)]
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)]
27. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they
shall be removed and the natural gade restored upon completion of the project. [15A NCAC
02H.0506(b)(3) and (c)(3)]
28. 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 erosinn and sediment control measures for the project must be desi�:ed, 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 specifed 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.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the offce of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petitioa muy be faxed-pravided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Nearings
6714 Mail Service Center
Raleigh, NC 27699-6714

Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
l0`01 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 40l of the Clean Water Act. If you
have any questions, please contact Mason Herndon at [phone] or [e-mail].
Sincerely,
n
/F � �
�/ ' vv^ ��J \
S. ay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Jason Hales, SEPI Engineering & Construction
Travis Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL �Ul�LI1Y
IYCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
I':� I �1(�C�IZ(>1Zl"
I)OI��;�I,I) 12 �';�N U1;1Z �':1AR7'
ti. J��l' 71Mti11;RMAN
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 40l Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicart, the applicant's authorized agent, or the project engineer. It is nct
necessary to send certificates from all of these.
Applicant'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:
�1g2nYs Cert�rcation
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:
Engineer's Certifieation
Partial
Final
Date:
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
Date
Registration No.
S[ate of Nordi Carolina Environmental Quality � Water Resources
1617 Mail Servire Center, Raieigh, Norih Carolina 27699-1617
Phone:515-807-o3Q0