20171444 Ver 1_Approval Letter_20171116

ROY COOPER
<;o,������<„�
MICHAEL S. REGAN
Srci���i�rr
Environmentul LINDA CULPEPPER
/illc�ri�)r L)irec'(or
QUQIlty
November 16, 20U
Duplin County
NCDWR Project No. 2017I444
SR 1513
WBS # DF15003.2031084
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mason Hemdon Environmental Program Supervisor
NCDOT, Division 3
5501 Barbados Boulevard
Castle Hayne, NC 28429-5647
Dear Mc Herndon:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a pipe at Giffords 6ranch on SR 1513 (Alum Springs Road) in Duplin County:
Stream Imoacts in the Caoe Fear River Basin
Permanent Temporary Permanent
Fill in Fili in Fill in
Site Intermittent Intermittent Perennial
Stream Stream Stream
linear ft linear ft linear ft
9
'AL 9
Total Stream Impact for Project: 391inear feet.
Temporary
Fill in Total
Perennial stream
Stream Impacts
30
Impacts
Requiring
Mitigation
linear ft
N/A
The project should have been conswcted in accordance with your application dated received November 7, 2017.
After reviewing your after-the-fact application, we have decided that these impacts are covered by General Water
Quality Certification Number 408�. This certification corresponds to the Nationwide Perznit 3 issued by the Corps
of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed wi[h your
project including (but not limired to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless moditied below).
Should your project change, you must notify the NCDWR and submit a new application. If thz property is sold, [he
new owner must be �iven a copy of [his Certifica[ion and approval Ietter, and is [hereby responsible for complying
with all the conditions. If [otal wedand fills for this projec[ (now or in the future) exceed one acre, or of [o[al
impac[s to sheams (now or in [he future) exceed I50 linear fee[, compensa[ory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For tliis approval to remain valid, you must adhere ro the
conditions listed in the attached certifica[ion and any additional conditions listed below.
State o(Nonh Camlina I Gnuironmental Quality
1617 Mail Service Cznter I�leigh, Nonh Carolina 2 7699-1 61 7

Condition(s) of Certification:
Project Specific Conditions �
1. Due to the existing geomorphological conditions at the site as described in your application received on
November 7, 2017, the pipe replacement did not meet the burial requirement of GC 4085 of 1 foot. The
proposed culvert was buried on a 2 percent slope. Due to'the scour at the end of the pipe 9 linear feet of
rip rap was added at the downstream pipe outfall. If any compliance issues with the culvert occur, DWR
mayrequire DOT to submit a modification ofthis culvert design. [15A NCAC 02H.0506(b)(2)]
General Conditions
2 If concrete 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,aquatic life and
fish kills: [15A NCAC 02B.0200]
3 During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4 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)]
r
5 The use of rip-rap above the Normal 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)]
6 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 15A NCAC 02H .0506 (b)(2) and
(�)(2)]
7 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 to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] �
8 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. [15A NCAC
02H.0506(b)(3)]
9 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)]
10 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAG 02H.0506(b)(3)]
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12 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 or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]

14 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 maintiained with .
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15 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]
16 The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be impo'sed 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.
17 ' The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A.NCAC 02B.0506(b)(2)]
18 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. [15ANCAC 02H.0502(fl]
19 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. [15A NCAC
02B.0231(a)(6)]
20 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 wasie
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from road construction activities.[15A NCAC 02H.0506(bj(3) and (c)(3)]
21 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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the proj ect must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Desdgn 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 5ediment 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. -
22 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 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 o�cial state holidays. The original and one (1) copy of the petition must be iiled with the Office of
Administrative Hearings. ,

The pefltion may be faaced-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the fa�ced transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administra[ive Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
General Counsel
Depardnent of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resowces under Section 401 of the Clean Water Act. If you
have any quesrions, please contact Joanne Steenhuis at [phone] or [e-mail].
incerely,
�^I ,
V' �
Lin Culpeppe , I�terim D'vector
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Joanne Steenhuis, NC Division oF Water Resources Wilmington Regional Office
File Copy

Envlronmentul
QUQ�Irf/
NCDWR Project No.:
Applican[:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Caunty:
ROY COOPER
ro��r„i„��
MICHAEL S. REGAN
�rox ran
LINDA CULPEPPER
lnierim Diree'lor
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certihcation or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permittin�
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center. Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by Ihe applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanPs Certificallon
I, , hereby state that, to che 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 in[ent of [he 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other sapportin� materials.
Signature: Da[e:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in Ihe observation of the construction such [hat [he construc[ion was observed to be built within su6s[antial
compliance and intent of Ihe 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certifiearion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, havin� been authorized [o observe (periodically, weekly, full time) the construction of the projeM for the
Permittee hereby state that, to Ihe best of my abili[ies, due care and diligence was used in the observation of the
wnstruc[ion such that the construction was observed [o be built wi[hin substantial compliance and intent of Ihe 401
Water QualiTy Certification and Buffer Rules, the approved plans and specifications, and o[her supportin� materials.
Signature
Da[e
Registration No.
Stare ofNonh Carolina I Environmzn[al Qualin,
1617 Mail Service Center I Raleigh. Nnrth Carolina 27699-I fi17