20140405 Ver 1_Approval Letter_20140425

ATA
NCDENR
North Carolina Department of Environment and Natural Resouroes
Pat Mccrory John E Sk\radA III
Govemor Seaetary
April 25, 2014
Rohn County
NCDWR Project No. 14 -0405
NC 211 & Shannon Rd (SR 1001)
State Project No. W -5206N
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Greg Burns, P.E., Division Engineer
NCDOT, Division 6
PO Box 1150
Fayetteville, NC 28302
Dear Mr. Burns
You have our approval, in atcoordanoe wi th the conditions I i sted below, for the fol I owi ng impacts for the purpose of
implementing i mprovements at the i ntersecti on of NC 211 and Shannon Road (SR 1001) in Robeson County:
Stream I m pacts in the Lumber River Basin
Site
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
1
Sta -L- 12 +57 to 16 +97
Fill in
Fill in
Fill in
Fill in
Stream
I mpacts
2
Sta -L- 28 +59 to 29 +51
I intermittent
I ntermittent
Perennial
Perennial
I mpact
Requiring
3
Sta -L- 33 +14 to 35 +00
Stream
Stream
Stream
Stream
(linear ft)
M itigation
TOTAL
0.08
linear ft
linear ft
linear ft
linear ft
0.25
linear ft
2
Sta -L- 28 +88
15
34
1 0
0
49
0
TOTAL
15
34
1 0
0
49
0
Total Stream Impact for Project: 49 linear feet.
Wetland I moactsin the Lumber River Basin (riparian)
Site
Station
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing
ac
Hand
Clearing
ac
Total
Wetland
I mpact ac
1
Sta -L- 12 +57 to 16 +97
0.01
0
0
0
0.05
0.06
2
Sta -L- 28 +59 to 29 +51
0.07
0
0.04
0
0.04
0.15
3
Sta -L- 33 +14 to 35 +00
0
0
0.01
1 0
0.03
0.04
TOTAL
0.08
0
0.05
0
0.12
0.25
Total Wetland I mpact for Project: 0.25 acres
Transportation and Permitting Unit
1617 N I Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salistxuy St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX [phone]
Internet: wnn mAetergualiN
An EquJ Oppotnty\AffimabveAdion Employer
NorthCarolina
Naturally

Open Water (tributaries) I mpactsin the Lumber River Basin
Site
Station
Permanent Fill
Temporary Fill
Total Fill in
in Open Waters
in Open Waters
Open Waters
ac
ac
ac
2
Sta -L- 28 +88
0.01
0.01
0.02
TOTAL
0.01
0.01
0.02
Total Open Water Impact for Project: 0.02 acres
The project shall be constructed in accordance with your application dated received April 22, 2014. After reviewing
your application, we have decided that these impacts are covered by General Water Qual ity Certification Number
3886. Thi s certi fi cati on corresponds to the Nationwide Permit 14 issued by the Corps of Engineers In addition,
you should aoquireany other federal, state or local permits before you proceed with your project induding (but not
limited to) Sediment and Erosion Control, Non- Dischargeand Water Supply Watershed regulations, Thisapproval
will expi re wi th the accompanyi ng 404 permit.
Thisapproval isvalid solely for the purposeand design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit anew application. If the property is sold, the
new owner must be given a copy of this Certi fi cati on and approval letter, and is thereby responsible for compl yi ng
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 I i near feet, compensatory mitigation maybe required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For thisapproval to remain valid, you must adhereto the
conditions listed in theattached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The culvert extension shall be i nstal I ed in a manner that mimics the natural stream cross section as closely as
possible, utilizing the construction of floodplai n benches and/or use of si I Is where appropriate. Widening of
the stream channel shal I be avoi ded. Strearn channel wi deni ng at the i nl et or outl et end of structures typi cal l y
decreases water veloci ty causi ng sedi ment deposi tion that requi res i ncreased mai ntenance and disrupts
aquatic life passage
2. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to mi ni mize i mpacts to the stream banks, as wel I as to vegetation
responsible for mai ntai ni ng the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be re- vegetated with native riparian species.
3. For the 34 I i near feet of streams being impacted due to site dewateri ng activities, the site shal I be graded to its
preoonstruction contours and re- vegetated with appropriate native species
4. Excavation for roadside swal es wi thi n wetland areas shall be mi ni mi zed as much as possible. Where
roadside swal es are required within wetland areas they shall be constructed in such a manner that the
hydrology of the adjacent wetland is not affected.
5. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and
entrap smal I ani mal s Matting should be secured in place with staples, stakes, or wherever possible; live
stakes of native trees Riparian areas are defined as a distance 25 feet landward from top of stream bank.
6. Theproject shall beconstructed in accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements of
the NCG01000.

General Conditions
7. Unless otherwise approved in this certification, placement of culvertsand other structures in open watersand
streams shal I be placed below the el evati on of the streambed by one foot for all culverts wi th a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to al I ow low flow passage of water and aquatic life. Design and pl aoernent of culverts and other
structures including temporary erosion control measures shad I not be conducted in a manner that may result in
di s-equi I i bri um of wetlands or strearnbeds or banks, adjacent to or upstream and downstream of the above
structures. The applicant is required to provide evi denoe that the equilibrium is being maintained if requested
in writing by the NCDWR. If this condition is unable to be met due to bedrock or other Ii miti ng features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determi ne whether or not a permit modification will be required.
8. 1 f concrete i s used duri ng constructi on, a dry work area shad I be mai ntai ned to prevent di rest contact
between curi ng concrete and stream water. Water that inadvertently contacts uncured concrete shal I not be
di scharged to surface waters due to the potenti al for el evated pH and posy bl a aquati c I i fe and fi sh ki I I s,
9. Duri ng the construction of the project, no stagi ng of equi pment of any ki nd is permitted i n waters of the
U.S., or protected riparian buffers
10. The di mens on, pattern and profi le of the stream above and below the crossi ng shall not be modified.
Disturbed floodplainsand streams shall be restored to natural geomorphic conditions.
11. The use of ri p-rap above the Normal High Water Mark shall be mi ni mized. Any rip -rap placed for stream
stagi I i zati on shall be placed in stream channels in such a manner that it does not i mpede aquati c life
passage.
12. The Permi ttee shat I ensure that the fi nad design drawings adhere to the permit and to the permit drawings
submitted for approval.
13. All work in or adjacent to stream waters shad I be conducted in a dry work area Approved B M P measures
from the most current version of the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shal I be used to prevent excavation in
flowing water.
14. 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 pol I utants into the stream.
15. 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
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
18. 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 the NCDWR determines that such
standards or laws are not bei ng met (i net udi ng the fai I ure to sustai n a des gnated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reeval uate and modify thi s oerti fi cati on.
19. AI I f I I slopes located i n j uri sdictioral wetlands shal I be placed at slopes no flatter than 3:1, unless otherwi se
authorized by this certification..

20. A copy of this Water Quality Certification shall be mai ntained on the construction si te at all times In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Divisi on Engineer and the on -si te project manager.
21. The outside buffer, wetland or water boundary looted within the construction corridor approved by this
authorization shall beclearly marked by highly visiblefencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of di scovery.
24. 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 the
NCDWR when all work included in the 401 Certification has been completed.
25. Native ri parian vegetation must be reestabl ished i n the ri parian areas withi n the construction I i mits of the
project by the end of the growing season fol I owi ng compl eti on of oonstructi on.
26. 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 wetl ands or streams, compensatory mitigation will be required since that i s a direct
impact from road construction activities
27. 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 regent versi on of the North Carolina Sbdiment and Erosion
Control Planning and Desfgn 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 39diment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, i ncl udi ng contractor -owned or leased
borrow pi is associ ated wi th the proj ect.
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 &rface Mining
Manual.
d. The red amation measures and implementation must comply with the red amation in accordance with
the requi rements of the Sedi mentEd on Pol I uti on Control Act.
28. Sedi ment and erosion control measures shall I not be pl aced i n wetlands or waters unless otherwise approved
by thi s Certi fi cati on.
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 Administrativehearings You must file the petition
with the office of Admini strati veHearingswithin si xty (60) days of receipt of this notice. A petition isoonsi dered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Heeri ngs accepts fi I i ngs 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
Admi ni strati ve Head ngs
The peti ti on may be faxed -provi ded the on gi nai and one copy of the document i s recei ved by the Offi ce of
Administrative Heari ngs withi n fi ve (5) business days fol Iowi ng the faxed transmission.

The mai I i ng address for the Offi ce of Admi ni strati ve Heari ngs i s
Offi ce of Admi ni strati ve Heari ngs
6714 Mai I Servi oe Center
Red eigh, NC 27699 -6714
Telephone: (919) -431 -3000, Facsi mi I e: (919) -431 -3100
A copy of the petition must also be served on DENR as fol lows
Mr. Lacy Presnell, General Counsel
Department of Environment and Naturai Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Mason Herndon at (910) 308- 4021or mason.herndon @ncdenr.gov.
Sl ncerel y,
4� 1 l
C,r-Thomas A. Reader, Director
Division of Water Resources
ec: Liz Hair, USArrry Corpsof Engineers, Wilmington Field Office
Jim Rerko, Divisi on 6 Environmental Officer
Cynthia Van Der Wiele, Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NCWiildlife Resources Commission
Sonia Carrillo, NCDWR Central Office
R I Copy