20110588 Ver 1_Certification of Completion_20110629

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P9C®EPdR
North Carolina Department of Environment and Natural Resources
Division of Water Quality ,
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 29, 201 L
Sampson County
NCD WQ Project No. 110588
SR 1801 (Captain Westbrook Rd)
State Project No. 3C.082049
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:
You have our approval, in accordance with4he conditions listed below, for [he following impacts for the purpose of
implementing roadway improvements to SR 1801 (Captain Westbrook Rd) in Sampson Count}':
Stream [m acts in the Ca a 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 f[
Site 3 0 10 0 0 10 0
't'otal 0 10 0 0 10 0
Total Stream Impact for Project: ]0 linear feet.
Wetland Im acts in the Ca a Fear River Basin (riverine
Site Fill
(ac) Fill
(temporary)
ac) Excavation
(ac) Mechanized
Clearing (ae) Hand Clearing
(ac) Area under
Bridge
ac Total Wetland i
Impact (ac)
Site 1 <0.01 <0.01 0 0 0 0 <0.01
Site2 <0.01 0 0 0 0 <0.01
Total <0.01 <0.01 0 0 0 0 <0.01
Total Wetland Impact for Project: <0.01 acres.
The project shall be constructed in accordance with your application dated received June 9, 201 I . After reviewing
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.
225 Green SL, Suite 714, Fayetteville, NC 28301-5043 ~I1t:
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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. Ifthe
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 [he 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 [o remain valid, you must adhere [o the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
This approval will expire with the accompanying 404 federal permit. This condition supersedes
condition No. 19 in the General Certification 3820.
General Conditions
2. Unless otherwise approved in [his 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 ofthe 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 ifrequested in writing by NCDWQ. If[his
condition is unable [o 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The Permittee shall ensure that [he final design drawings adhere [o [he permit and to [he permit
drawings submitted for approval
8. All work in or adjacent [o stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version ofNCDOT Construction and Maintenance Activities
manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used
to prevent excavation in flowing water.
9. Heavy equipment shall be operated from [he banks rather than in the stream channel in order [o
minimize sedimentation and reduce the introduction of other pollutants into the stream.
10. 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.

C,
II. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
13. 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 Ac[) 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 Stale or federal law is being violated, or that further conditions
are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
14. Alt fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
15. A copy of [his Water Quality Certification shall be maintained on [he construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with [he Division Engineer and [he on-site project manager.
16. 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 [o areas within the fencing are prohibited unless otherwise authorized by this
certification.
17. 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.
18. The permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.
19. 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 anon-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.
20. Native riparian vegetation must be reestablished in [he riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
[his 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.
22. 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 [he project must be designed, installed,
operated, and maintained in accordance with the most recent version of the Nortii Carolina
Sediment and Erosion Control Planning and Design iL/anual.
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 Arorth Carolina Sediment and Erasion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased bOITOW pits associated with the project.

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 [he hours of B:OOam and S:OOpm, 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 [he original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following [he 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 [he Division of \t.~a[er Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Mason Herndon a[ (910) i08-4021.
Sincer~e~hy~,~~ ~D
Coleen H. Sullins
Director
Cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Em~ironmen[al Officer
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Sonia Carrillo, NCDWQ Central Regional Office
File Copy