20110496 Ver 1_Approval Letter_20110607

FKV
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor - Director
June 7, 2011
Pender County
NCDWQ Project No. 110496
SR 1728 (Edens Lane)
State Project No. 3C.071071
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. H. Allen Pope, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Dear Mr. Pope:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
implementing roadway improvements to SR 1728 (Edens Lane) in Pender 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
Miligation
linear ft
Sl 22 5 0 0 27 0
Total 22 5 0 0 27 0
Total Stream Impact for Project: 27 linear feet.
Wetland Impacts in the Cape Fear River Basin (riverine)
Site Fill Fill Excavation Mechanized Hand Clearing Area under Total Wetland
(ac) (temporary) (ac) Clearing (ac) (ac) Bridge Impact (ac)
ac ac
Wl <0.01 0 0 0 0 0 <0.01
Total <0.01 0 0 0 0 0 <0.01
Total Wetland Impact for Project: < 0.01 acres.
Open Water (Ponds/Lakes/Rivers/Sound/Ocean/etc Impacts in the Cape Fear River Basin
Site Permanent Fill in
Open Waters ac Temporary Fill in
Open Waters (ac) Total Fill in Open
Waters (ac)
Ol 0 <0.01 <0.01
Total 0 <0.01 <0.01
Total Open Water Impact for Project: <0.01 acres.
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone, 910-433-33001 FAX: [phone]
Internet. www.nmaterqualitv.om
An Equal Opportunity 1 Affnnative Action Employer -50% Recycled 110% Post Consumer Paper
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NorthCarolina
Amil'ally
The project shall be constructed in accordance with your application dated received May 25, 2011. After reviewin@
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3820. 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.
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 and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
L This approval will expire with the accompanying 404 federal permit. This condition supercedes condition
No. 19 in the General Certification 3820.
1 Due to the unusual conditions at Site SI, described in the permit application addendum dated May 23, 2011,
NCDWQ will not require the 20 percent burial of the culverts in the streambed at this location. However,
design and placement of the culvert shall be installed in such a manner that the original stream profile is not
altered (i.e., the depth of the channel must not be reduced by a widening of the streambed). Existing stream
dimensions (including pattern and profile) are to be maintained above and below locations of the culvert. The
structures shall be designed and installed to allow for fish and other wildlife movement as well as prevent
headcutting of the stream. The applicant may be required to provide evidence that the equilibrium has been
maintained, if requested in writing by NCDWQ.
3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires met eased maintenance
and disrupts aquatic life passage.
4. For projects impacting or draining to waters classified by the NC Environmental Management Commission as
Trout (Tr), High Quality Waters (HQW), or Water Supply I or 11 (WSI, WSII) stormwater shall be directed to
vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the propose of pre-
treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is
strongly discouraged.
General Conditions
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
11. 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.
12. 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.
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
16. 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.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
18. 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.
19. 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..
20. 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.
21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return
the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the 401
Certification has been completed.
23. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
24, 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.
25. 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.
26. 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 S:OOpm, except
for official state holidays. The original and one (I) 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: (919)-7j3-2698, 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 Rater Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Mason Herndon at [phone].
Sincerely, ana/o Oq/
Coleen H. Sullins
Director
Cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Sonia Carrillo, NCDWQ Central Regional Office
File Copy