20070324 Ver 1_Approval Letter_20070315

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Michael F. Easley, Governor
William G. Ross Jr., Secretazy
North Cazolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
March 8, 2007
Moore County
SR 1141, Robert Road
DWQ Project No. 070324
State Project No. 8B.206321
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Timothy Johnson, P.E. Division Engineer
NCDOT, Division 8
P.O. Box 1067
Aberdeen, North Carolina 28315
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following stream impacts for the purpose
of replacing deficient crossing pipes as part of improvements to SR 1141 in Moore County:
Stream Impacts in the Lnmber River Basin
Permanent Temporary Fill Permanent Fill Temporary Fill Total Stream Impacts
Site Fill in in in Perennial in Stream Requiring
lntermittent Intermittent Stream Perennial Impact Mitigation
Stream Stream (linear feet) Stream (linear (L.F.)
(linear feet) (linear feet) (linear feet) feet)
Site
1 40 LF 40 LF 80 LF
replaceanent of two temporary fill for
84" x 40' CMP with dewatering of site
two 128" x 83" x 80'
corrugated metal arch
pipes
Total
40 LF 40 LF 80 LF
Total Stream Impact for Project: 801inear feet
The project shall be constructed in accordance with your application dated February 22, 2007, received February 28,
2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3404. 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.
NontlhCarolina
~atura!!y
North Cazolina Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: ncwaterqualiry.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10°6 Post Consumer Paper

Mr. Timothy Johnson, P.E.
March 8, 2007
Page 2
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 anal 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.
Additional Conditions:
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
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 crossings 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.
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.
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 pern7ittee 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.

Mr. Timothy Johnson, P.E.
March 8, 2007
Page 3
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
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 ].and 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
pern~it 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 benign 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 Eros ion Control Mar~zral. 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.
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. This approval will expire with the accompanying 404 federal permit. This condition supercedes condition No. 19
in General Certification No. 3404.
21. Thrs project is located in a watershed classified as HQW and WS-lI Given the stream class, no new ditches
are to be constructed within the roadway project area. However, grassed swales are an acceptable method
of providing lateral drainage. For projects impacting waters classified by the NC Environmental
Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WS 1,
'WS II) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means
appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into
streams. Mowing of existing vegetated buffers is strongly discouraged.

Mr. Timothy Johnson, P.E.
March 8, 2007
Page 4
22. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)]. Temporary
cover (wheat, millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare
soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and
riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native
trees. Straw mulch and tall fescue should not be used in riparian areas.
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 l SOB 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,
~,
` ~~" Ala.n W. Klimek, P.E.
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Art King, Division 8 Environmental Officer
Richard Spencer, US Army Corps of Engineers,
DWQ Fayetteville Regional Office
Rob Ridings, 401/Wetlands Unit, DOT Group
Central Files
File Copy
Wilmington Field Office
Moore.srl ] 41.doc