20091286 Ver 2_Certified Return Receipt_20100323

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Bevedy Eaves Perdue Coleen H. Sullins
Governor Director
March 23; 2010
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Thomas S. Speight, Jr., PE, PLS
Larry King & Associates, R.L.S., P.A.
P.O. Box 53787
1333 Morganton Road
Fayetteville, NC 28305
Subject: 401 Water Quality Certification for Improvements to NC 24/87 (Bragg Blvd.),
Cumberland County, TIP Project No. U-3423, NCDWQ Project No.,20091286v2.
Dee Freeman
Secretary
Dear Mr. Speight:
Please find enclosed.a copy of the 401 Water Quality Certification (WQC) for improvements to NC 24/87
in Cumberland County. Please refer to the last paragraph on page 4 of the 401 WQC for procedures on .
how to adjudicate the certification. If you have any further questions' regarding this matter; please contact
me at 919-733-5715.
Sine y,
Vrilan Wrenn
Cc: Belinda Henson, Fayetteville Regional Office, NCDWQ
Greg Thorpe, PDEA, NCDOT
Jay Twisdale, Hydraulics Unit, NCDOT
John Payne, NC Attorney General's Office
File copy
Transportation.Permilting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Ralegh, North Carolina 27604
Phone: [phone] FAX [phone]
Internet: htlp:l.'h2o,enr.state.nc.us nmetlandsi
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 15, 2010
Cumberland County
TIP Project U-3423
State Project No. 8.1443401
DWQ Project No. 091286v2
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, Ph.D., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
159 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Dr. Thorpe:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following stream and wetland
impacts for the purpose of extending a pipe culvert and stabilizing streambanks as part of the improvements to
NC 24-87, Bragg Boulevard, in Cumberland County. The streams involved are all unnamed tributaries to Little
Cross Creek, class "WS-IV" waters in the Cape Fear River Basin.
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
Site In Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
per PCN (linear ft) Mitigation
linear ft
Site 11l IOLF 10 LF 20
-L- sta install 10 If of 54" pipe temp. impacts for bank
24+19 from junction box stabilization
site p2 10 LF 10
-L- sta. temp. impacts for bank
38+28
stabilization
Total l OLF 20 LF 30 LF
225 Green St.. Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX ; 910-086-07071 Customer Service: 1-877-023-6748
Internet www.h20.enr.state.nc.us
An Equal Opportunity 1 ARrmefive Action Employer
No°rthCarolina
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Dr. Greg Thorpe, Ph.D.
February 15, 2010
Page 2
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Hand Area under, Total Wetland
(per (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
plans) (ac) (ac) (ac)
Site3
-L- sta 0.01 0.01 0,02
.
105+45 placement
of energy
dissi at or
Total 0.01 0.01 0.02
Total Wetland Impact for Project: 0.2 acres
The project shall be constructed in accordance with your revised application dated January 27, 2010, received February 1,
2010, and supporting information provided on February 15, 2010. After reviewing your application and additional
information, we have decided that the requested impacts are covered by General Water Quality Certification Number
3704, which corresponds to Nationwide Permit 14, as 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 and supporting information (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 of 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.
Additional conditions
1) Placement of culverts and other structures in waters and streams 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.

Dr. Greg Thorpe, Ph.D.
February 15, 2010
Page 3
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 BMW 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.
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.
i l
Dr. Greg Thorpe, Ph.D.
February 15, 2010
Page 5
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,.
Coleen H. Sullins
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Jim Rerko, Division 6 Environmental Officer
Kim Garvey, US Army Corps of Engineers, Wilmington Field Office
Sonia Carrillo, 401/Wetlands DOT Unit
FRO, DWQ
File Copy
Cumb. BraggBlvd.TIP. U.3423.091286v2.401.doc