20160164 Ver 1_Approval Email_20160223

Carpenter,Kristi
From:
Sent:
Chapman, Amy
Thursday, February 25, 2016 11:15 AM
To: Carpenter,Kristi
Subject: FW: Approval for SR 1204 Pipe Stabilization
Attachments: SR 1204 Pipe Stabilization.pdf
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From: Chapman, Amy
Sent: Wednesday, February 24, 2016 8:19 AM
To: Herndon, Mason <[e-mail]>; Collette, Karen E. <[e-mail]>;
'[e-mail]' <[e-mail]>;'[e-mail]' <[e-mail]>; Wilson,
Travis W. <[e-mail]>
Subject: Approval for SR 1204 Pipe Stabilization
Please see attached.
Amy Chapman
Supervisor
Transportation Permitting Unit
Wetlands Branch
Department of Environmental Quality
919-707-8784 office
amv.chapman(c�ncdenr.qov
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617
�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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Wa £er Resources
ENV IRONMEN f PL OUALIiY
PA'I�MCCRONY
DONN,ll 2. VAN nl'Jt VAAR'f
S. Ji\Y Z1�1��IIi12�4A�N
February 23, 2016
Onslow County
NCD W R Project No. 20160164
SR 1204 Pipe Stabilization
State ProjectNo. 3B.20671 I
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
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 lhe existing culve�Y at the crossing of Ninemile Swamp on SR 1204 (Davis Road) in Onslow County:
Stream Im �-acts in the Ca�e Fear River Basin _
Sife T Permanent Temporary I Permanent T Temporary Bank T Total Stream
F�II in � Fifl in Fill in � Fill in Stabiiization � Stream fmpacts
-- I -------
Intermittent Intermittent Perennial Perennial (IinearftJ Impact Requiring
Stream Stream Stream Stream (linear ftJ Mitigation
llinear ft_1 (linear ft.l llinear Pt.l (linear ft.l (linear f't.l
I 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 Projech 6I licear feet.
xincludes 31 If of rip rap at [he pipe outlet to fill blowhole in streambed and bank stabilization.
Site
Total
etland [m acts in the Ca �e Fear River I3asin riverin�
Fill Fill Excavation Mechanized
(ac) (temporary) (ac) Clearing
(ac) (ac)
0 0 0 0
0 0 0 0
Total Wetland Impact for Project: 0.01 acres.
Hand Total
Clearing Wetland
(ac) Impact
ac
0.01 0.01
0.01 0.01
Thc project shall be constructed in accordance with your application dated received February 19, 2016. ARer
reviewing your application, we have decided that these itnpacts are covered by General Water Quality Certification
Number 3R83. This eertification corresponds to the Nationwide Permit 3 issued by the Corus of Engineers. In
addition, you should acquirz any other federal, state or local permits before you proceed with your projzct includiiie
S�a�eo(Nonh Cemlvm I����'ironmental Quality I Wnler Rcmurces
10"17 Mail Service Center, Raleigii, Norlii Carullna 276994fi17

(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Suppty Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your applica[ion (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or oi total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 1 SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditio�s listed below.
Condition(s) of CertiGcation:
Project Specitic Conditions
1. 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 ro prevent
excavation in flowing water. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
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 [ I SA 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. [ I SA NCAC
02H.0506(b)(2)]
4. Erosion r,ontrol matting plTced in ripariar. areas shall not r.ontzin a nylon 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 National Pollutant
Discharge Elimination (NPDES) Stormwater Permit NCS000250, including the applicable requirements
of the NCGO 1000. [ I SA NCAC 02B.021 I].
General Conditions
6. Unless otherwise approved in this 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 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 induding 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
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 construction, please contact NCDWR for guidance
on how to proceed and [o determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]
i. ff wncrete 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 aqua[ic life and
fish kills. [15A NCAC 02I3.0200]
8. Durina the construction of the project, no staging of equipment of any kind is permitted in waters of
?he O.S., or protected riparian buffers. [15A NCAC 02H.G506(b)(2)]

9. 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. [15A NCAC
02H.0506(b)(2)]
10. The use of rip-rap above the Nonnal 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. [15A NCAC 02H.0506(b)(2)]
1 l. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and
(�)(�)]
12. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version ofNCDOT Conshuction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in Flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
l3. 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 pollutants into the stream. [ ISA 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 toxic materials.
[15A NCAC 02H.0506(b)(3)]
l5. No rock, sand or other materials shall be dredged from the stream channel excep[ where authorized by this
certificatioa [15A NCAC 02H.0506(b)(3)]
15. D�scharging h,droseed mixtures and washing out hydroseeders and other eq:iipment in or adjacent to
surface waters is prohibited. � 15A NCAC 02H.0506(b)(3)]
17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
qualiry standards (incloding 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 or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify 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. [ISA NCAC 02H.0506(b)(2)]
19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager. [1SA NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)J
20. 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. [15A NCAC 02H.0501 and .0502]
2 L'[he issuance of this certitication does not exempt the Pzrmi[tee from complyirg 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.
22. "Che Pennittee shall report any violations of this certification to the Division of Water Resources within 24
hours of disco��ery. [15A NCAC 02B.0506(b)(2)]

23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Facilities Director shall complete and retum the enclosed "Certification of Completion Form" to
notify Ihe NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
24. 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. [ I SA NCAC 02B.056(b)(2)]
25. 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.[l5A NCAC 02H.0506(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 ofthe project [15A NCAC
02H.0506(b)(3) and (c)(3)]
27. Erosion and sediment control practices must be in full compliance with all specificadons goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
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 Sedrment and
Erosion Control Plannrng 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 Erosron Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoill projects, including contractor-nwned or Ieased
borrew pits asseciated wirh rhe 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 Caro[inn Surface
Mlning Mam�al.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
If you wish to contest any statement in the attached Ce�tification you must file a petition for an adminis[rative
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 the hours of 8: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 the original and one copy of the document is received by [he 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: (919) 431-"s00Q �acsimila (919j 43 L"s100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam Nt. Hayes, Generai Counsel
Depanment of Environmental Quality
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 contac[ Mason Herndon at [phone] or [e-mail].
Sincerely,
� C� "�J' �-- �� �
S. Jay Zimmerman, Director
Division of Water Resources
Glectronic copy only dis[ribu[ion:
Brad Shaver, US Army Corps of Engineers, Wilming[on Field Oflice
Stoney Mathis, Division 3 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
File Copy

Wate� Resources
[NVIRONMENiAL OUAIIIY
NCDWR Project No.: County:
Applicant:
Project IYame:
Date of Issuance of 401 Water Quality Certification:
PAl' V1CCIZUKI"
I)ONnI.D R. VAN DI?R VnAK-I'
S. IAl' ZI�IMI;KNIAN
t.n'J il
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Boffer Rules, and
any subsequent modifications, lhe applicant is required to return this certificate [o the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, l6U Mail Service Center, Raleigh, NC, 27699-16I7. This form
may be remrned to NCDWR by the applicant, the applicanYs authorized agent, or the project engineer. It is not
necessary [o send certificates from all of these.
Applicme('s Cerlificnlion
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 within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, Ihe approved plans and
specifications, and other supporting materials.
Signaturz: Date:
Ageid's Cerlifrcr.Non
I, , hereby state that, to [he best of my abilities, due care and diligence
was used in the observation of tlie constroction such that the construction was observed to be built within sobstantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure: _ Date:
Engineer's Certijlcnliox
Partial Pinal
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized ro observe (periodically, weekly, full time) the consh'uc[ion of [he project for [he
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construc[ion such that [he construction was observed [o be built within subs[antizl compliance and in[e�i[ of [he 401
Water Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
5[ale oC NortL Camin�a'�F.nvlronnizntal Queliry I �✓ale� Resoumes
7617 Mail3ervice Cenler, Raieigh, Nonh Carol�na 27699-16A