20111006 Ver 1_Approval Letter_20111213

Beverly Eaves Perdue
Governor
Srte
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North Carolina Department of Environment and Natural Resources
Division of Waier Quality
Coleen H Sullins
Director
December 13 201 ]
Cumberland County
NCDWQ Pro�ect No ] 11006
SR 1403 & SR 3569 Intersect�on
TIP Pro�ect No W 5206F
APPROVAL of 401 WATER QUALITY CERTIFICATION wrth ADDITIONAL CONDITIONS
Mr Greg Burns P E Dtvis�on Engineer
NCDOT Division 6
PO Box 1150
Fayettev�lle NC 28302
Dear Mr Burns
Dee Freeman
Secretary
You have our approval m accordance w�th the conditions listed below for the followmg �mpacts for the purpose of
implementmg roadway improvements to the mtersect�on of SR 1403 (Reilly Rd) and SR 3569 (Old Raeford Rd ) �n
Cumberland County
Permanent F�11 in
Interm�ttent
Stream (lmear ft)
Stream Im acts m the Ca e Fear R�ver Basm
Temporary Fill m Permanent Fill m Temporary F�II �n Total Stream Stream
Interm�ttent Perenn�al Stream Perenn�al Stream Impact Impacts
Stream (l�near ft) (hnear ft) (i�near ft) (Imear ft) Requirmg
Mrtigat�on
[L
�
Total I 0 ( 0 I l6 I 20
Total Stream Impact for Pro�ect 361mear feet
36
36
The pro�ect shall be constructed m accordance wrth your revised application dated rece�ved November 14 20l 1
After rev�ew�ng your apphcation we have decided that these �mpacts are covered by General Water Quality
Cemfication Number 3820 This cert�ficat�on corresponds to the Nat�onw�de Permrt l4 issued by the Corps of
Engmeers In addition you should acqu�re any other federal state or local perm�ts before you proceed with your
pro�ect mcluding (but not l�m�ted to) Sediment and Eros�on Control Non Discharge and Watei Supply Watershed
regulations Th�s approval w�ll expire wrth the accompanymg 404 permrt
Th�s approval �s valid solely for the purpose and design descnbed m your apphcation (unless modified below)
Should your pro�ect change you must notify the NCDWQ and submrt a new appl�cation If the property is sold the
new owner must be given a copy of this Certification and approval letter and �s thereby respons�ble for complymg
w�th all the condrt�ons If total wetland fills for thts pro�ect (now or m the future) exceed one acre or of total
impacts to streams (now or in the future) exceed I50 ]mear feet compensatory m�tigat�on may be requ�red as
described m l SA NCAC 2H 0506 (h) (6) and (7) For this approval to remam valid you must adhere to the
condit�ons I�sted m the attached cert�ficat�on and any additional condit�ons llsted below
225 Green St Suite 714 Fayettevdle NC 28301 5043
Phone [phone] FAX [phone]
Internet www ncwaterqualitY orq
An Fqual Opportumty AHirm�Uve Ac6an Fmployer �0 Recycled 10 Post Consumer Paper
NorthCarolina
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Cond�tion(s) of Cerhfication
Pro�ect Spec�fic Condit�ons
1 This approval will expire wrth the accompanymg 404 federal permrt This condrtion supercedes condrtion
No 19 m the General Certificat�on 3820
General Cond�t�ons
Unless otherw�se approved m this cert�fication placement of culverts and other structures �n open waters
and streams shall be placed below the elevat�on of the streambed by one foot for all culverts wrth a
diameter greater than 48 mches and 20 percent of the culvert d►ameter for culverts havmg a d�ameter less
than 48 mches to allow low flow passage of water and aquat�c life Destgn and placement of culverts and
other structures mcludmg temporary eros�on control measures shall not be conducted m a manner that may
result m dis equtlibrium of wetlands or streambeds or banks ad�acent to or upstream and down stream of
the above structures The appl�cant is requ�red to prov�de ev�dence that the equil�br�um �s bemg ma�ntained
if requested m wrrtmg by NCDWQ If this condrt�on is unable to be met due to bedrock or other l�mrtmg
features encountered durmg construction please contact NCDWQ for guidance on how to proceed and to
determme whether or not a permit mod�ficat�on will be requ�red
3 If concrete is used during construct�on a dry work area shall be mamtained to p�event direct contact
between curmg concrete and stream water Water that madvertently contacts uncured concrete shall not be
discharged to surface waters due to the potent�al for elevated pH and possible aquatic l�fe and fish kills
4 Durmg the construction of the pro�ect no stagmg of equ�pment of any kmd �s penn�tted m waters of the
U S or protected ripanan buffers
5 The dimension pattern and profile of the stream above and below the crossmg shall not be mod�fied
Disturbed floodpla�ns and streams shall be restored to natural geomorph�c conditions
6 The use of rip rap above the Normal High Water Mark shall be mmim�zed Any rip �ap placed for stream
stab�l�zat�on shall be placed m stream channels m such a manner that �t does not impede aquatic l�fe
passage
7 The Perm�ttee shall ensure that the final destgn drawmgs adhere to the permit and to the permit drawings
submitted for approval
8 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures
from the most current vers�on of NCDOT Construct�on and Mamtenance Activrties manual such as
sandbags rock berms cofferdams and other divers�on structures shall be used to prevent excavation m
flow�ng water
9 Heavy equipment shall be operated from the banks rather than m the stream channel in order to mmimize
sed�mentat�on and reduce the mtroduction of other pollutants mto the stream
10 All mechamzed equipment operated near surface waters must be regularly �nspected and mamtamed to
prevent contammation of stream waters from fuels lubricants hydraulic flu�ds or other toxic materials
11 No rock sand or other materials shall be dredged from the stream channel except where authorized by th�s
cert�fication
12 Dischargmg hydroseed mixtures and washmg out hydroseeders and other equ�pment in or ad�acent to
surface waters is proh�b�ted
13 The permittee and rts authorized agents shall conduct its actrvit�es �n a manner consistent with State water
quahty standards (�ncludmg any requirements resultmg from compl�ance wrth §303(d) of the Clean Water
Act) and any other appropriate reyuirements of State and Federal law If NCDWQ determines that such
standards or ]aws are not bemg met (mcluding the failure to sustain a designated or achieved use) or that

State or federal law �s bemg v�olated or that further condrtions are necessary to assure compliance
NCDWQ may reevaluate and modify this cert�fication
14 All fill slopes located m �ur�sd�ct�onal wetlands shall be placed at slopes no flatter than 3 1 unless
otherw�se authorized by th�s cert�ficat�on
15 A copy ofth�s Water Qual�ty Certification shall be mamtamed on the construct�on s�te at all times In
addrt�on the Water Qual�ty Cert�fication and all subsequcnt mod�fications �f any shall be matnta�ned wrth
the D�v�sion Engmeer and the on site pro�ect manager
16 The outside buffer wetland or water boundary located w�th�n the construct�on corridor approved by this
authorization shall be clearly marked by h�ghly visible fencmg pr�or to any land d�sturbmg activ�Ues
Impacts to areas withm the fencmg are prohibited unless otherwise authorized by thts certificat�on
17 The issuance of this certification does not exempt the Permittee from complymg w�th any and all statutes
rules regulat�ons or ordmances that may be �mposed by other government agencies (i e local state and
federal) havmg �ur�sdiction mcludmg but not l�mrted to appl�cable buffer rules stormwater management
rules soil erosion and sedimentat�on control requirements etc
18 The Permittee shall report any v�olat�ons of this certificat�on to the Divis�on of Water Qualrty w�thm 24
hours of d�scovery
l 9 Upon complet�on of the pro�ect (mcludmg any �mpacts at associated borrow or waste sites) the NCDOT
Divis�on Engmeer shall complete and return the enclosed Certificat�on of Completion Form to not�fy
NCDWQ when all work mcluded m the 40] Certificarion has been completed
20 Natrve r�parian vegetat�on must be reestabl�shed within the construction l�mits of the pio�ect by the end of
the growmg season following completion of construct�on
21 There shall be no excavat�on from or waste disposal mto �urisdictional wetlands or waters assoc�ated w�th
this permrt wrthout appropr�ate modification Should waste or borrow srtes or access roads to waste or
borrow srtes be located m wetlands or streams compensatory mrtigatton will be required smce that �s a
d�rect impact from road construction activihes
22 Erosion and sed�ment control pract�ces must be in full compliance w�th all specifications governing the
proper design mstallat�on and operat�on and maintenance of such Best Management Practices m order to
protect surface waters standards
a The erosion and sed�ment control measures for the pro�ect must be designed mstalled operated and
mamtamed m accordance with the most recent vers�on of the North Carolina Sedrment and Erosron
Control Plannrng and Destgn Manual
b The design mstallat�on operat�on and mamtenance of the sed�ment and eros�on control measures
must be such that they equal or exceed the requtrements specified m the most recent vers�on of the
North Carolina Sedrment and Erosion Control Manual The devices shali be mamta�ned on all
construct�on s�tes borrow s�tes and waste p�le (spoil) pro�ects mcluding contractor owned or leased
bonow prts assoc�ated w�th the pro�ect
c For borrow prt s�tes the eros�on and sed�ment control measures must be des�gned �nstalled operated
and mamtamed �n accordance w�th the most recent vers�on of the North Carolena Surface Min�ng
Manual
d The reclamation measures and �mplementation must comply with the reclamation in accordance with
the requirements of the Sed�mentat�on Pollut�on Control Act
23 Sed�ment and erosion control measures shall not be placed m wetlands or waters unless otherwise approved
by this Certification
If you wish to contest any statement m the attached Cert�ficat�on you must file a petitton for an admm�strative
hearmg You may obtam the petition form from the office of Admm�strat�ve hearmgs You must file the pet�tion
wrth the office of Admmtstrative Hearmgs wrthin s�xty (60) days of rece�pt of this notice A petrtion is considered
filed when �t �s rece�ved m the office of Admm�stratrve Hearmgs during normal office hours The Office of
Adm�nistrative Hear�ngs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm except

for offic�al state holidays The oi�gmal and one (1) copy ofthe petit�on must be filed with the Office of
Adm�mstrat�ve Hearings �
The petit�on may be faxed pt ov�ded the origmal and one copy of the document is received by the Office of
Admmistrative Hearmgs w�thm five (5) busmess days followmg tlie faxed transmission
The mailmg address for the Office of Admtmstrative Hearings �s
Office of Admmistrat�ve Hearmgs
6714 Mail Service Center
Rale�gh NC 27699 6714
Telephone [phone] Facs�mile [phone]
A copy of the petit�on must also be served on DENR as follows
Ms Maiy Penny Thompson General Counsel
Department of Env�ronment and Natural Resources
1601 Ma�l Service Center
Rale�gh NC 27699 1601
Th�s letter completes the review of the D�vision of Water Quality under Section 401 of the Clean Water Act If you
have any questions please contact Mason Herndon at [phone]
Smcerely
`�C���ti� -K! 7 ���
Coleen H Sullms
Director
ec Ronme Smrth Wilmmgton US Army Corp Distr�ct Office
Jim Rerko Dro�s�on 6 Environmental Office
Travis Wilson NC Wildlife Resources Comm�ssion
Soma Camllo NCDWQ Central Office
File Copy