20181149 Ver 1_Approval Letter_20180821

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NOR7H CAROiINA
ROY COOPER Enrlronmenm! Qualfty
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MICHAEL 5. REGAN
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L{NDA CULPEPPER
rrtre.rm o+re�cyar
August 21, 2018
Sampson County
NCDWR Project No.20181149
SR 1004 (llnion School Road)
State Project No. WBSN 3B.20821 I
APPROVAL of 101 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Mason Herndon. Environmental Program Supervisor
NCDOT, Division 3
>>01 Barbados Blvd.
Castle Hayne, NC 28=129->647
Dear Mr. Hemdon:
You have our approval, in accordance with the condi[ions listed below, for the following itnpacts for the purpose of
replacing a pipe on SR 1004 (Union Schoul Road) in Sampson County�
Stream Im ac[s in the Ca e Fear River Basin
Permanen[ Fill Temporary Fill Permanent Fill Temporary Fill Total Stream Stream Impacts
in In[ermittent in Intermittent in Perennial in Perennial Requiring
Site Im�mct
Stream tifream S[ream . Stream Mi[i�ation
(linear ft)
(linear fQ (linear ft) Qinear ft) (linear k) (linear ft)
I ? 10 I> IJiA
0 0
T07;1L 0 0 5 IO I� N/A
Total Stream Impacl (or Projech 1� linear feet.
The pro_ject shall be constructzd in accordance with your application dated received Au�ust I7, 3018. After
reviewine your application, we have decided that these impacts are covered by General Warer Quality Certification
Number 4132. This certification corresponds to the Natiomvide Permit 3 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local pemiits before you proceed with your project including
(but not limited to) Sediment and Erosion Control. Non-Discharge and Water Supply Watershed re�ulations. This
approval will expire with the accompanying d04 permit.
This approval is valid solely for the purpose and desi;n described in your application (unless modified below).
Should your project change, �ou must notify the NCDWR and submit a new application. If the propeny is sold, the
new owner must be �ive� a copy of this Cenification and approval letter, and is thereby responsible for complying
with all the condi[ions. If [otal wetland tills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the fumre) exceed I50 linear (eet, compensatory mitieation may be required as
�.u.._._..� Q��
North Carolina Department of Environmental QualRy Division of Water ResourCeS
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

described in I SA 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. Due to the existing geomorphological conditions at the site as described in your application received on
August 17, 2018, the pipe replacement will not meet the burial requirement of GC 4132 of 1 foot. The
proposed culvert wil l be buried 0.9 foot at the inlet invert and will be on a 3 percent slope, resulting in the
outlet having a 1.5' fall. The culvert shall be installed per the proposed plan (dated 8/I S/2018) and 5 linear
feet of rip rap at the downstream pipe outfall. If any compliance issues with the culvert occw, DWR may
require DOT to submit a modification of this culvert design. [ 15A NCAC 02H.0506(bx2)]
Genersl Conditions
2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the eleva[ion of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for wlverts 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
suuctures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDW R. If this condition is unable to be met due to bedrock or other limiting features
encountered during conswction, please contact NCDWR for guidance on how to proceed and to determine
whether or not a permit modification wili be required. [ 15A NCAC 02H.0506(bx2)]
3. If concrete is used during conshvction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water tha[ inadvertently contacts uncured concrete shall not
be dischazged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[ISA NCAC 028.0200]
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, pattem and profile of the stream above and below the crossing shall not be modified.
Disturbed Floodplains and streams sha11 be restored ro natural geomorphic conditions. [15A NCAC
02H.0506(bx2)]
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 dces not impede aquatic life
passage. [15A NCAC 02H.0506(b)(2)]
7. The Permittee shall ensure that the final design drawings adhere ro 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 bertns, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. [ISA NCAC 02H.0506(bx3) 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. [ I SA NCAC
02H.0506(b)(3)]
D E�
North Carolina Department of Environmental Qualky � Division of Water Resources
512 North Salisbury 5[ree[ � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

10. All mechanized equipment operated neaz surface waters must be regularly inspected and maintained to prevent
contamination of sheam waters from fuels, lubricanu, hydraulic fluids, or other toxic materials. [ I SA NCAC
02H.0506(b)(3)]
1 l. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [ I SA NCAC 02H.0506(b)(3)]
12. Discharging hydroseed mixtures and washing out hydroseeders and o[her 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 wnsistent 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 ro 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 026.0200]
14. AII fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [ I SA NCAC 02H.0506(bx2)]
I5. 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 managec [ISA NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and
(�HZ)l
16. The outside buffer, wedand or water boundary located within the conswction cortidor 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]
17. The issuance of Ihis 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, stortnwater management rules, soil
erosion and sedimentation control requirements, etc.
18.The Permittee shall report any violations of this certification to Ihe Division of Water Resources within 24
hours ofdiscovery. [15A NCAC 02B.0506(bx2)]
19.Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and retum the encbsed "Certification of Completion Fortn" to notify the
NCDWR when all work included in the 40l Certification has been completed. [ISA NCAC 02H.0502(�]
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(ax6)]
21. There shall be no excavation from, or waste disposal into, jurisdictional weNands or waters associated with [his
pertnit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be located in wetlands or streams, compensarory mitigation will be required since that is a direct impact
from road construction activities.[15A NCAC 02H.0506(bx3) and (c)(3)]
22. Erosion and sediment control practices must be in full compliance with all specifications goveming 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]):
D_E�
North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 276931617
919.707.9000

a. The erosion and sediment control measures for the project must be designed, installed, opereted,
and maintained in accordance with the most recent version of the North Carolrna Sediment and
Erasion Control Planning and Desrgn 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 Contro! Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contracrorowned or
leased borrow piu associated with [he project.
c. For bortow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the mos[ recent version of the North Carolrna 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. [ I SA NCAC 02H.0506(b)(3) and (cx3)]
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 [his 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 S:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Otlice of
Administrative Hearings.
The petition may be faued-provided 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 Heazings
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. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
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 [phone] or [e-mail].
Sincerely,
G��`�-��,
�.inda ulpepper, Interim Director '
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Chris Dustin, NCDOT Division 3
File Copy
D_E
�
North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 2 7 69316 17
919.707.9000

ROY COaPER
GOMtMM
MICHAEL S. REGAN
$PCfPlAf�
L{NDA CULPEPPER
lntertm lkkm'ta
NOR7H CAROLINA
Enwmnmearot Quarrry
NCDWR Project No.:
ApplicanL•
Projec[ Name:
County:
Da[e of Issuance of d01 Wa[er Quali[y Certification:
Certificate of Comple[ion
Upon completion of all work approved within the 401 Water Qualiry Certitication or applicable Bu%r Rules, and
any subsequent modifications, thz applicant is required to remm this certificate to the 401 Transportation Permittin�
Unit, North Carolina Division of Wa�er Rzsources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applirant, the applicant's authorized agent, or the project engineer. It is not
necessary [o send certiticates from all of these.
ApplicanYs Cerlificnliow
�, , hereby stare that. [o the best of my abili[ies, due care and diligence
was used in Ihe observation ofthe construction such that the construction was ubserved to be built wi[hin substantial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and odier supportine mlterials.
Si_nature: Dare:
.Agen7's eerriJicaiion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observation of the cons�ruction such lhat the construction was observed to be built within substantial
compliance and intent ofthe 401 Water Qualiry Certitica[ion and Buffer Rules, the approved plans and
specifications, and other supportin�, materials.
Sienawre:
Eirginee�'s CerlificrVion
Paitial Final
Date:
�, , as a duly registered Professional Engineer in [he State of North
Carolina, havin� been audiorized [o observe (periodically, weekly, full time) the construction of the project for the
Permittee hcreby state that, to the best of my abilities, due care and diligence was used in die observa[ion of the
construction such that the construction was observed ro be built wi[hin substantial compliance and intent of the 401
Water Quality Certilication and Buffer Rules, the approved plans and specifications, and o[her supporting ma�erials.
Signature
Date
Registration No.
�.. �: Q��'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Sa�isbury Street I 1617 Maii Service Center I Raleigh, North Carolina 27699-1617
919.707.9000