20100823 Ver 1_Approval Letter_20101228

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Eaves Perdue Coleen H. Sullins
x Director
December 28, 2010
Hamett County
NCDWQ Project No. 100823
US 401
TIP/State Project No. R-5185
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr Thorpe:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening US 401 from the intersection of NC 210 tojust north of SR 1426 in Harnett County:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
I 147 67 214 0
2 199 22 221 154
4 15 5 20 0
199 22 162 72 455 154
( Total
Total Stream Impact for Project: 451 linear feet.
Note: 199 If of perm impacts at Site 2 includes 45 If of bank stabilization which does not require mitigation.
Wetland Impacts in the Cape Fear River Basin (Riparian)
f Site Fill
(ac) Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing (ac) Hand Clearing
(ac) Area under
Bridge
ac Total Wetland
Impact (ac)
I 1 0.17 0.04 0.21
I 2 <0.01 0.01 0.01
3 0.06 0.06

Total 0.17 0.11 0.28
Total Wetland Impact for Project: 0.17 acres.
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: www.ncwaterouality.org
An Equal Opportunity t At6rmalive Action Emplover - 50% Recycled' 10% Post Consumer Paper
NorthCarolina
Naturally
The project shall be constructed in accordance with your application dated received October 14, 2010. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3689, 3701 and 3688. This certification corresponds to the Nationwide Permits 13, 23 and 33 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 NCDWQ 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(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
All channel relocations will be constructed in a dry work area and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by NCDWQ
staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be
allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to
native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot
wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. All stream
banks shall be matted with coir fiber matting. Also, rip-rap may be allowed if it is necessary to maintain
the physical integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of rip-rap coverage requested
Compensatory mitigation for 154 linear feet of impact to streams 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 December 13, 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 signed on July 22, 2003 and the Dual-Party MOA signed on April 12,
2004.
General Conditions
3. Unless otherwise approved in this certification, placement of culverts and other structures in open 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 NCDWQ. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required.
4. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
5. 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.

6. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
7. 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.
ii
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
9. 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.
10. 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.
11. 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.
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
14. 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 NCDWQ 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,
NCDWQ may reevaluate and modify this certification.
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
16. A copy of this Water Quality Certification shall be maintained 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.
17. 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.
18. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed.
I
21. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
i the growing season following completion of construction.
22. 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, or access roads to 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.
23. 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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Mason Herndon at [phone].
Sincerely,
-& J
Coleen H. Sullins
Director

Cc: Ronnie Smith, Wilmington US Army Corp District Office
Jim Rerko, Division 6 Environmental Office
Greg Burns, PE, Division 6 Engineer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
Leilani Paugh, NCDOT, NEU Mitigation
William D. Gilmore, PE, Ecosystem Enhancement Program
Sonia Gregory, NCDWQ Central Office
File Copy
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date