20091046 Ver 2_Email_20100427

Wainwright, David
From: Mclamb, Erica S
Sent: Tuesday, April 27, 2010 7:04 AM
To: Wainwright, David
Subject: FW:I-4407
I think I sent it to an old email address. The request is below, sorry about that.
Erica Mclamb
Environmental Specialist, NCDOT
919-431-1595
-----Original Message-----
From: Mclamb, Erica S
Sent: Monday, April 26, 2010 12:51 PM
To: '[e-mail]'
Subject: 1-4407
David,
Ken Averitte issued the permit for the above project. He issued the corresponding WQC's for NW 23 and 33.
Unfortunately, the corp issued NW 13 and 23. We talked to Brian Wrenn, and he told us to contact you to get the DWQ
permit revised to correspond with the corps. The review date for this project is tomorrow April 27, 2010, so I need the
revised DWQ permit as soon as possible. Per Brian, the permit can be scanned to ensure we get it as soon as possible,
with a hard copy sent in the mail. .
Thank you for your assistance.
Erica McLamb
Environmental Specialist, NCDOT
919-431-1595
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
Dr. Greg Thorpe, Ph.D.
April 26, 2010
Page 2
Stream Impacts in the Cape Fear and Yadkin Pee-Dee River Basins
Site Permanent Fill in Temporary Fill in Total Stream Stream Impacts Requiring
Site a Perennial Stream Perennial Stream Impact Mitigation (linear ft)
per plans (linear ft) (linear ft) (linear ft)
and
permit
drawings
1 153 LF 153 LF 153 LF
install 153' of 15" RCP in
channel at base of slope
2 18 LF 11 LF 29 LF 14 LF
reset onejoint of 36" RCP (replacement of 4 LF of existing pipe does
and stabilize plunge pool not require mitigation)
with rip-rap at junction of
36" and new 15" pipes
3 11 LF 30 LF 41 LF 11 LF
rip-rap at pipe outlet
4 81 LF 37 LF 118 LF
extend 30" RCP by -
approx. 25 LF and
relocate/dewater/stabilize
channel
Total 263 LF 78 LF 341 LF 178 LF
Total Stream Impact for Project: 263 LF permanent impact, 78 LF temporary impact
The project shall be constructed in accordance with your revised application dated March 5, 2010 received March 16,
2010. After reviewing your application and additional infofrrlation, we have decided that these impacts are covered by
General Water Quality Certification Numbers 3689 and 3701, which correspond to Nationwide Permits 13 and 23 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 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 H lowing additional conditions. Please pap particular attention to conditions
No. 6 and 21.
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 detemune whether or not a permit modification will
be required.

% Dr. Greg Thorpe, Ph.D.
s April 26, 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 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 than3:lunless 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 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.
Dr. Greg Thorpe, Ph.D.
April 26, 2010
Page 4
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.
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) Compensatory mitigation for 178 linear feet of stream impact is required. We understand that you have chosen
to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program
(EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated March
2, 2010 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above-referenced project in accordance with the Tri-Party MOA fully executed on March 8, 2007.
21) line to the noticeable elevation changes removal'of the concrete channel on the upstream side of Hwy. 220
could lead to incision of the channel. Rip-rap proposed at this site must be placed in a fashion to prevent the
formation of a head cut at this location.
If you do not accept any of the coaditions,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 David Wainwright at [phone].
Sincerely,
X4?
Coleen H. Sullins
Director

Cc: Wilmington US Army Corp District Office
Art King, Division 8 Environmental Officer
File Copy