20160164 Ver 1_Approval Letter_20160223

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Water- Resources
ENVIRONMEN�fAL �Ul�LITY
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February 23, 2016
Onslow County
NCDWR Project No. 20160164
SR 1204 Pipe Stabilization
State Project No. 3B.20671 1
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIOIYS
Ms. Karen Collette, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Dear Ms. Collette:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
stabilizing the existing culvert at the crossing of Ninemile Swamp on SR 1204 (Davis Road) in Onslow County:
_ Stream �Im acts in the CaLe Fear River Basin __
Site Permanent Tem�orary I Permanent r Temporarv Bank Total Stream
hill in � Fifl in Fiil in Fill in Stabifization � Stream impacts
Intermittent Intermittent Perennial Perennial (linear ft.) Impact Requiring
Stream Stream Stream Stream (linear ft.) Mitigation
(linear ft.) (linear ft.) (linear ft.) (linear ft.) (linear ft.)
1 I 0 I 0 I 22* I 14 I 25 I 61 � 0
Total I 0 I 0 I 22x I 14 I 25 I 61 I 0
Total Stream Impact for Project: 61 linear feet.
xincludes 31 If of rip rap at the pipe outlet to fill blowhole in streambed and bank stabilization.
Site
I
Total
Wetland Im acts in the Ca e Fear River Basin riverine
Fill Fill Excavation Mechanized Hand
(ac) (temporary) (ac) Clearing Clearing
(ac) (ac) (ac)
0 0 0 0 0.01_
0 0 0 0 0.01
Total Wetland Impact for Project: OAl acres.
Total
Wetland
Impact
0.01
0.01
The project shall be constructed in accordance �vith your application dated received Februaiy 19, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Nun�ber 3R83. This certification corresponds to the Nationwide Permit 3 issued by the Co►vs of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
Stale ot North Carolina i,Lncironn�enial Quality I Water Resources
1017 titail Service Center, Raieigi�, Nortii Carulina 27699-1617
Phene:919�607-6300

(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 vaEid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. [f the property is sold, the
new owner must be given a copy of this Certification and approva! letter, and is thereby respansible for complying
with all the conditions. If total wetland filts for this project (now or in the future} exceed ane acre, or oi 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} (b) 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. 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 tnanual
such as sandbags, rock berms, cofferdams and other diversion slrucrizres shail be used to prevent
excavation in flo�ving water. [ I SA NCAC Q2H.0506(b)(3) and {c)(3)j
2. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage.
Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC
02H.0506(b)(2}]
3. For the 14 linear feet of streams being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species. [ 1 SA NCAC
02H.0506(b)(2}]
�t. Erosion rontrol ma�ting placec! in ripariar are�s shall not r..ontain a r_ylon mesh grid; ��hich can
impinge and entrap small animals. 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. [ I SA NCAC 02H.0506{b)(3) and (c)(3)]
5. The project shall be constructed in accordance with the provisions of the NCDOT's Nationa] Potlutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements
of the NCG� 1060. [ I SA NCAC 02B.02 I 1].
General Conditions
Unless otherwise approved in this certi�catian, placement of culveits and other structures in open waters
and streams shall be placed belaw 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 af wetlands or streambeds or banks, adjacent to or upstream and
downstream of the above structures. The applicant is required to provide evidence that the equilibrium is
being maintained if requested in writing by NCDWR. If this condition is unable to be met due to
bedrock or other limiting features encountered during canstruction, ptease contact NCDWR for guidance
on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]
7. �fconcrete is used during construction, a dry work area shali be Enaintained to prevent direct contact
between curing conerete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pFi and possible aquatic life and
fish kills. (15A NCAC 02I3.0200]
8. During the construction of the project, no staging of equipment of any kind is permitted in waters of
±he U.S., or protected riparian buffers. [1 SA NCAC 02H.U506(b){2)]

9. The dimension, pattern and prof le of the stream above and belaw the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [i5A NCAC
02H.0506(b}(2)]
10. The use of rip-rap above the Nortnal High V��ater Mark shall be min'rmized. Any rip-rap placed for
stream stabilization shall be placed in stream channels i�i such a manner that it does not impede aquatic
life passage. [15A NCAC 02H.0506(6)(2)]
1 l. The Permittee shall ensure that the final design drawings adhere ta the permit and to the permit
drawings subrnitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .4546 (b)(2) and
t�)i2)�
l2. 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 ta prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and {c)(3)]
13. Heavy equipment shall be operated from the banks rather than in the streacn channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
14. 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 toxie materials.
[ 15A NCAC 02H.0506(b)(3)]
15. No rock, sand or other materials shall be dredged from ihe stream channei except where authorized by this
certificakion. [15A NCAC 02H.0506(b}(3}]
16. D�scharging hyelroseed mixtures and washin; out hydroseeders an� othPr equipment in or adjacent to
surface waters is prohibited. j 15A NCAC 02�-1.0506(b}(3)]
17. 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 being met (including the failure to sustain a designated or achieved use} or
that State ar federal !aw is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and tnodify this certification. [ISA NCAC 02B.0200]
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [ I SA NCAC 02H.0506(b)(2}]
19. A copy of this Water Quality Certification shal! be maintained on the construction site at ail times. In
addition, the Water Quality Certificatian and all subsequent modifications, if any, shall be maintained with
tlie Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.OSOb (b)(2) and (c}(2}j
20. The outside buffei•, wetland ar water boundary focated within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing priar to any land disturbing
activities. Impacis to areas within the fencing are prohibited unless otherwise authorized by this
certification, [15A NCAC 02H.0501 and .0502]
21. "[ he issuance of this certitl;.ation does not exempt the P�rmittee fram complying with any and all statuies,
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 sedimentakion control reqtiiretr�ents, etc.
22. "�'he Pennittee shall report any vio(arions of this certiiication to the Division of Water Resources within 24
hours ofdiscovery. [1 SA NCAC 02B.OSQ6(b)(2)]

23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Divisior� Facilities Director shall complete and return the enclased "Certi�cation of Completion Form" to
notify the NCDWR when all work included in the 40l Certifcation has been completed, [15A NCAC
02H.0502(�]
24. Native riparian vegetation ►nust he reestablished in the riparian areas within the construction limits of the
praject by the end of the growing season following completion of construction.[ 15A NCAC 02B.056(b)(2))
25. There shall be no excavation from, ar waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modificakion. Should waste or borrow sites, ar access roads to waste or
borrow sites, be located in wetlands or streams, compensatary mitigation will be required since that is a
direct impact from road canstruction activities.[l5A NCAC 02H.0546{b){3) and (c)(3)]
26. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project. [15A NCAC
02H.0506(b)(3) and (c)(3)]
27. Erosion and sediment control practices must be in full compl'rance with all specifieations governing the
proper design, instalEation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC Q2H.0506(b)(3} and {c)(3]):
a. The erosion and sediment control measures for the project must be designect, instalied, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosio�� Control Planning and Design Marrual.
b. The design, installation, operation, and maintenance of the sediment and erosion cantrol measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carollna Sediment and Erosion Corrtrol Mar�uat. The devices shall be maintaitted on all
construction sites, borrow sites, and waste pile (spoill projects, including contraetor-owned or le�sed
borrew pits asseciated with the pr�ject.
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
Mrning Manual.
d. The reclamation measures and implementation must comply with the recEamation in accordance
with the requirements of the Sedimentation Pollution Cantrol Act,
If you wish to contest any statement in the attached Ce�rtification you must file a petition far 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 norrnal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The originaf and one (1) copy of the petition must be filed with the Offce of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Aciministrative 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]t}, Facsimifc: {919}431-si00
A copy of the petition must also be served on DEQ as follows:
Mr. Sam 1v1. Hayes, General Co�lnsel
Department of Environmenta! Quality
1601 Mail Servi�e Center

This letter completes the review of the Division of Water Resources under Section 40l of the Clean Water Act (f you
have any questions, please contact Mason Herndon at [phone] or mason.herndon t�i ncdenr.gov.
Sincerely,
� ��
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
[NVIf20NMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project IYame:
Date of Issuance of 401 Water Quality Certification:
COUOty:
1':�l' :A1CCIZOItl'
UONi\I,I) R. V�AN I)I�;R V:1�AR�f
ti. Jnl' %I��1i�11;1ZI�1nN
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project 2ngineer. It is not
necessary to send certificates from all of these.
App/icrrnt's Cerlfftcntion
[, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agerrt's Cetti�cat�o�i
[, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built �vithin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
E»gineer's Cerlificrrtion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction �vas observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signatw�e Registration No.
I�ate
titate of Nerth C'arolina',Einvironmzntal Qualiry� I R'a�er Resources
1617 Mail Service Cenler, Raieigh, North Caroiina 27099-1617
Phore: 919-807-6300