HomeMy WebLinkAbout20171420 Ver 1_Approval Letter_20171106ROY COOPER
Gorrrnnr
MICHAEL S. REGAN
�<<���r«����
Environmentul LINDA CULPEPPER
In�crirn Dlrrc'mr
QUQ�lty
November 6. 201')
Duplin County
NCDWR Project No.20171420
Pipe on) SR 1918
State Project No. WBS# DF1503.2031084
APPROVAL of 401 WATER QUALITY CERTIFICATION with ,4UDITIONAL CONDITIONS
Mr. Mason Herndon Environmental
NCDOT, Division 3
SSOI Barbados Blvd.
Castle Hayne, NC 28429-5647
Dear Mr. Hemdon:
Program Supervisor
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a pipe on SR 1918 (Landfill Road) in Duplin County:
Stream Impacts in Ihe Cape Fear River Basin
Permanent Fill Temp�rary Fill Permanent Fill "I'cmp�rary FiII Total Stream ytrcam Im�racts
Site �n Incermittcnt in Intcnnittent in Perennial in Perennial �m ��� RcquirinQ
Strcnm Strcam Strcam titream � Mifigation
pinear R) (lincer R) (lincar f1) (linear fq O�near fq ���near k)
I IS IS O
TOTAL 0 0 I S 0 I S 0
fa�al strcam impacts is IS lincar tcct
The project shall be consVucted in accordance with your application dated received October 18, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4085. This certifica[ion corresponds to the Nationwide Permit 3 issued by Ihe Corps of Engineers. In
addition, you should acquire any other federal, stare or local permits before you proceed with your project including
(but not limited [o) Sedimen[ 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 [he purpose and desi�n described in your application (unless modified below).
Should your project change, you must no[ify the NCDW R and submi� a new applica[ion. If the proper[y is sold, the
new owner must be �iven a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wedand fills for this project (now or in the future) eaceed one acre, or of total
impac[s to streams (now or in the future) exceed I i0 linear fee[, 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 certifica[ion, excep[ where eaempted and any additional conditions listed below.
Sta[e of Nunh Carohna I P.nvimnmental Qualiry�
1617 Mail Szrvicz Czntar I Raleigh, Nonh Caroline 27699-1617
Condition(s) of Certification:
Project Specific Conditions
1. Due to the existing geomorphological conditions at the site as described in your application received on
October 18, 2017, the pipe replacement will not meet the burial requirement of GC 4085 of 1 foot. The
proposed culvert will be buried 1 foot at the inlet invert and will be on a 2 percent slope, resulting in the
outlet being 5 feet above the downstream channel. The culvert shall be install per the proposed plan
(dated 10/3/2017) and 15 linear feet of rip rap 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. 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]
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. [15A NCAC 02H.0506(b)(2)]
4. 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)]
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. [15A NCAC 02H.0506(b)(2)]
6. 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
7. 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)]
8. 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)]
9. 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)]
10. 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)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. 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
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]
,-
13. 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)]
14. 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)]
15. 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. [15A NCAC 02H.0501 and .0502]
� 16. 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.
17. 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)]
18. 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( fl]
1. 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)]
2. 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)]
19. 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.
20. 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)]
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 office 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 Q) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Adminislrative Hearings within five (5) business days following the faxed Vansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of [he petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Depardnent of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Joanne Steenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov.
Sincerely
`r `ti � C'c�, �,"�, �{��
Lin�ulpepper, IiSterim Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Joarme Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
Enviro�unrn tci!
QUQ�Ity
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
carerm,r
MICHAEL S. REGAN
tit•� , �-�<�„
LINDA CULPEPPER
Luerim DirCrtur
Certifica[e of Completion
Upon completion of all work approved within [he 40I Water Quality Certitication or applicable Buf%r Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, ?7699-1617. This form
may be returned [o NCDWR by the applicant, the applicant's authorized agent, or the projec[ engineer. It is no[
necessary to send certificates from all of these.
ApplicanPs Cerlificalinn
l, , hereby state that, to the bes[ of my abilities, due care and diligence
was used in the observation of the construction such that the consrruction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure: Da[e:
Agen1's Cerrificaliou
I, hereby state that, to the best of my abilities, due care and dili�ence
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 supportin� materials.
Signa[ure:
EngineePs Certiftcation
Partial Final
I, , as a duly regis[ered Professional Engineer in Ihe S[ate of North
Carolina, having been au[horized [o observe (periodically, weekly, full time) the construc[ion of the project for the
Permittee hereby s[ate that, ro[he bes[ of my abilities, due care and diligence was used in [he observation of the
construc[ion such that Ihe construction was observed to be built within substantial compliance and intent of [he 401
Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and other supportin� materials.
Sionature
Da[e
Registration No.
S�ale of North Cawlina � Emimnmenlal Quality
1617 Mail Service Cznter I Raleigh. North Carolina 27699-1617