20120499 Ver 1_Approval Letter_20120601

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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
June 2012
Columbus County
NCDWQ Project No 12 0499
SR 1138 (Her bet t Non is Road)
State Project No 6CO24114
APPROVAL of 401 WATER QUALITY CER7 Ili ICA I ION, with ADDITIONAL CONDITIONS
Mr Greg Burns P E Division Engineer
NCDOT Division 6
PO Box 1150
Fayetteville NC 28302
Deai Mr Burns
Dee Freeman
Secretary
You have our approval in accordance with the conditions listed below for the following impacts foi the purpose of
implementing secondary roadway improvements to SR 11.38 (Hubert Norris Road) in Columbus County
Stream Impacts in the Cape Fea► Rive► Basin
Site
Station
Permanent
Tempora►y
Permanent
Tempotary
Total
Stream
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requii ing
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
linear ft
linear ft
Imea► ft
lmea► ft
hneqi ft
I
Sta 15 +96
8
1 10
0
0
18
0
1 otal
8
10
0
0
18
0
total Stream Impact foi Pi oject 18 linear feet
The project shall be constructed in accordance with your application dated received May 23 2012 After reviewing
your application we have decided that these impacts are coveted by General Water Quality Certification Number
.1886 This certification corresponds to the Nationwide Pei mit 14 issued by the Corps of Engmeeis In addition
you should acqune any other federal state of local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control Non Discharge and Water Supply W-iteished regulations This approval
will expue with the accompanying 404 peimrt
Phis approval is valid solely foi the purpose and design descr abed 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 appi oval letter and is then eby i esponsible foi complying
with all the conditions If total wetland fills for this project (now of in the future) exceed one acre of of total
impacts to streams (now of in the future) exceed 150 linear feet compensatory mitigation may be iequnc,d as
descr ibed in 15A NCAC 2H 0506 (h) (6) and (7) Foi this approval to remain valid you must adhere to the
conditions listed in the attached certification and any additional conditions listed below
225 (re n St Suit,, 714 Fa ettei 9 NC 98301 5n4l
Phone [phone] FAX 910 486 W07
Internet www ncwaterouaidy orq
Ar Equal Opportur dr 1 A i r nit ve Action Employer 0 Recycled 10 Post Consr met Pipe
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Condition(s) of Certification
Project Specific Conditions
1 foi the 10 linear feet of steams being impacted due to site dewatei in- activities the site shall be graded to
its p►econst►uct►on contou►s and revegetated with appropriate native species
2 This project must be constructed in accoidance with the Stoimwatei Management Plan submitted on May
31 2012
General Conditions
Unless otherwise app►oved in this ceit►fication placement of culverts and other structutes in open wateis and
streams shall be placed below the elevation of the st►eambed by one foot for all culverts with a diamete►
greater than 48 inches and 20 percent ofthe culvert diameter foi culverts having a diameter less than 48
incN,s to allow low flow passage of water and aquatic life Design and placement of culvei is and other
structures including tempoiaiy erosion conuol measures shall not be conducted in a manner that may ►esult in
d►s equilibrium of wetlands of stieambeds of banks adjacent to of upstie i n and down sueam of the above
suuctu►es The applicant is iequned to provide evidence that the, equilibi tun is being maintained if requested
in writing by NCDWQ Ifthis condition is unable to be met due to bedrock o► other limiting features
encountered during construction please contact NCDWQ foi guidance on how to proceed and to determine
whether of not a permit modification will be requited
4 If concrete is used during construction a dry work area shall be maintained to prevent direct contact
between cuing concrete and sueam 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 Den ing the consti uct►on of the pioject no staging of equipment of any land is per mitted in waters of the
U S of protected riparian buffers
6 The dimension pattern and profile of the sueam above and below the Llossmg shall not be modified
Disturbed floodplains and streams shall be restored to natural geomorphic conditions
7 The use of up rap above the Normal High Wate► Maik 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
8 The Peimittee shall ensure that the final design diawmgs adhere to the permit and to the permit drawings
submitted foi approval
9 All work in of adjacent to sueam waters shall be conducted in a dry work area Approved BMP measures
from the most current version ofNCDO1 Consuuction 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 fiom the banks iathei than in the stream channel in order to nununize
sedimentation and reduce the intioduction 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 fiom fuels lubricants hydraulic fluids of other toxic materials
12 No rock sand of other materials shall be dredged from the sueam channel except where authorized by this
cei tification
1.3 Discharging hydioseed mixtu►es and washing out hydroseedeis and other equipment in of adjacent to surface
w iteis is prohibited
14 The perm►ttee and its author ized agents shall conduct its activities in a manner consistent with State Ovate►
quality standaids (including any ►equnements ►esulting from compliance with §303(d) of the Clean Wate►
Act) and any other appropriate iequnements of State and federal law If NCDWQ deteimmes that such
standards o► laws are not being met (including the failure to sustain a designated or achieved use) o► 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 Cemfication 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 a 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
21 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
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 Hearmgs 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 OOam and 5 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 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 [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary 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] or mason hemdon @ncdenr gov
Sincerely
&LV&D j "Y�
Charles Wakild
Director
Ec Ronnie Smith US Army Corps of Engineers Wilmington Field Office
Jim Rerko Division 6 Environmental Officer
Chris Militscher Environmental Protection Agency
Gary Jordan US Fish and Wildlife Service
Travis Wilson NC Wildlife Resources Commission
Sonia Carrillo NCDWQ Central Office
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