20090870 Ver 1_Approval Letter_20090821

NC®ENR
North Carolina Department of Environment
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
and Natural Resources
Dee Freeman
Secretary
August 21, 2009
Duplin County
SR 1940, Mail Route Road
DWQ Project No. 090870
State Project No. 3C.031057
APPROVAL of 401 WATER QUALITY CERTIFICATION; with ADDITIONAL CONDITIONS
Mr. IA. Allen Pope, P.E., Division Engineer
NCDOT, Division 3
124 Division Drive
Wilmington, North Carolina 28401
Dear Mr. Pope:
You have our approval, in accordance with the conditions listed below, for the following stream, open water, and wetland
impacts for the purpose of replacing and extending existing culverts as part of the improvements to Mail Route Road in
Duplin County. These impacts will occur on unnamed tributaries to Rockfish Creek and Little Rockfish Creek, both class
"C-Swp" waters in the Cape Fear River Basin.
Wetland Impacts in the Cape Fear River Basin (non-riverine)
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(per (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
plans) (ac) - (ac) (ac)
wetland A 0.05 0.05
sta. 79+12
to 82+89
uetlari 0.04 0.04
85+75L to
87+35L
and
85+63R to
88+02R
wetland C 0.02 0.02
98+87R
to 99+50R
Total 0.11 0.11
Total Wetland Impact for Project: 0.11 acre
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet www.rimatereualitv.oro
An Equal OpportUnity V Affirmative Action Employer
NorthCarolina
Naturally
Mr. H. Allen Pope, P.E.
August 21, 2009
Page 2
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Crossing Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
per plans (linear ft) Mitigation
linear ft
PipeG 10 10
Sta.
46+1957 dewatering measures
PipeK 5 10 15
Sta_
76+4153 dewatering measures
Pipe N 22 22
Sta.
102+07
6 temp measures for pipe
. removal and channel
restoration
Total 5 LF 42 LF 47 LF
Total Stream Impact for Project: 47 linear feet
Open water impacts in the Cape Fear Basin
Site Permanent fill Temporaryfill in Total fill in open water Fill requiring mitigation
In open water open water
Crossing
per plans
Pipe B 5 sq. ft. 50 sq. ft. 55 sq. ft.
Sta.8+16.53 dewatering measures .001 ac.
Pipe D 112 sq. ft 50 sq. ft. 162 sq. ft.
Sta. 19+10.50 dewaterin measures 0.003 ac
Total Open Water Impact for Project: 0.004 ac.
The project shall be constructed in accordance with your application dated August 7, 2009, received August 13, 2009.
After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In 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 notify the DWQ and submit a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter, 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 if 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, as well as the
following additional conditions.
Mr. H. Allen Pope, P.E.
August 21, 2009
Page 3
Additional conditions
1) Placement of culverts and other structures in waters, streams, and wetlands 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 down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by
DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will
be required. (See condition 20)
2) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills.
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.
4) The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
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.
6) 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.
7) 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.
8) 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.
9) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
11) 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 DWQ 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, DWQ may reevaluate and modify this certification.
12) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
Mr. H. Allen Pope, P.E.
August 21, 2009
Page 4
13) A copy of this Water Quality Certification shall be posted 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.
14) 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.
15) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification
of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
16) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
17) 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 be located in wetlands or streams, compensatory.
mitigation will be required since that is a direct impact from road construction activities.
18) 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:
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. I,
19) Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be
removed and the natural grade restored upon completion of the project.
20) Pipes "L" and "M" are wetland equalizer pipes and should not be buried below the elevation of the adjacent
wetland.
Mr. H. Allen Pope, P.E.
August 21. 2009
Page 5
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter
completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Ken Averitte at [phone]. .
Sincerely,
Y 0 Coleen H. Sullins
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Mason Herndon, Division 3 Environmental Officer
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Sonia Gregory, 401 /Wetlands DOT Unit
FRO, DWQ
Duplin.SR 1940. Mai IRt.Rd.090870.401.doc