20040171 Ver 1_Approval Letter_20040224

F WAIF Michael F. Easley, Governor
R William G. Ross Jr., Secretary
\OC? G North Carolina Department of Environment and Natural Resources t1
Cq 7 Alan W. Klimek, P.E. Director
DFWG?_L D ivision of Water Quality
February 24, 2004
Richmond County
DWQ Project No. 040171
SR 1802 (Scotland Co. Line Road)
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 attached conditions and those listed below, to incur 60
linear feet of permanent and 20 linear feet of temporary impacts to Jones Creek in order to replace two
cross pipes on SR 1802 in Richmond County. The project will be constructed in accordance with your
application dated January 23, 2004 (received February 5, 2004). After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Nos. 3366 and 3404
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 33 and 14. 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 unless otherwise
specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us in writing, and you may be required to
send us 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 conditions. If total
wetland fills for this project (now or in the future) exceed one acre, or if stream impacts exceed 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
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 water standards:
¦ 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.
¦ 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.
¦ If there are 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.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/
C
Mr. Timothy Johnson, P.E.
DWQ 040171
February 24, 2004
¦ Any reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
4. NCDOT is encouraged to use onsite vegetation and materials for streambank stabilization when
practicable.
5. Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
6. Where fish passage is present or where significant aquatic life may be present upstream (and
where practicable), culverts should be oversized and buried to prevent perched culverts. If
oversized piping cannot restore aquatic life passage by reconnecting the stream ecosystem, riprap
installation should be accomplished in a manner to provide or restore water channels downstream
to help facilitate aquatic life movement.
7. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth
equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-
inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow
natural stream bottom material to become established in the culvert following installation and to
provide aquatic life passage during periods of low flow. These measurements must be based on
natural thalweg depths. This may require increasing the size of the culvert to meet flow
conveyance requirements. If any of the existing pipes are perched, they shall be removed and
replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible.
All waters must flow through without freefalling or damming on either end of the culverts during
low flow conditions, to maintain aquatic life and/or fish passage.
8. The dimension, pattern and profile of the stream, above and below the crossing, should not be
modified by widening the stream channel or reducing the stream depth. Disturbed floodplains
and streams should be restored to natural geomorphic conditions.
9. Riprap should be minimized and installed in a manner so as not interfere with aquatic life passage
during low flow conditions. Riprap placed for bank stabilization should be limited to the
streambank below the high water mark and vegetation should be used for stabilization above the
high water mark.
10. If concrete is used, work must be accomplished so that wet concrete does not contact the stream
water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill.
11. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
12. 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.
13. The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
14. Removal of vegetation and grading and backfilling at the stream crossing and adjacent to stream
should be minimized. Native trees and shrubs should be planted along the streambank to
reestablish the riparian zone and provide long-term erosion control and cover for fish and wildlife
Mr. Timothy Johnson, P.E.
DWQ 040171
February 24, 2004
in the vicinity of the road crossing and along the streams within the dedicated rights of way.
Backfill materials should be obtained from upland sites.
15. All work shall be performed during low flow conditions.
16. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project NCDOT
is strongly advised to send in photographs upstream and downstream of each structure to
document correct installation.
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. 27699-6714. 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 telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Ken
Averitte of the Fayetteville Regional Office at 910.486.1541.
Sincerely,
Z'A
Alan W. Klimek, P.E.
Attachment
Pc: Wilmington District Corps of Engineers
Richard Spencer, USACE Wilmington Field Office
NCDWQ Fayetteville Regional Office
Central Files
File Copy