HomeMy WebLinkAbout20171447 Ver 1_Approval Letter_20171117ROY COOPER
Go�•ernur
MICHABL S. REGAN
S'erre�a.r
Environme��tal LINDA CULPEPPER
l�rlerim Uireclnr
QUQ�fty
November 17, 017
Duplin County
NCDWR Project No. 20171447
SR 1566
WBS # DF15003 ?031012
APPROVAL of 301 W.4TER QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS
Mc 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 widi the conditions lis[ed below, for [he following impacts for [he purpose of
replacin� a pipe on a UT to Camp Branch on SR 1566 (Wallace Walher Road) in Duplin County:
Stream Im acts in the Ca e Fear River Ba!
Permanent Temporary Permanen[ Temporary
Fill in Fill in Fill in Fill in
Site Intermittent Intermi[tent Perennial Perennial
Stream Stream Stream Stream
linear ft linear ft linear ft linear ft
14
AL 14
To[al Stream Impac[ for Projecr I4linear feet.
Stream
Total stream Impacts
Impacts Requiring
(linear ft) Mitigation
linear ft
14 N/A
14 N/A
The project shall be cons[ructed in accordance wi[h your application dated received November 9, 2017. After
reviewing your application, we have decided that [hese impacts are covered by General Wa[er Quality Certification
Number 408�. This certifica[ion corresponds to [he Nationwide Permit 3 issued by [he Corps of Engineers In
addition, you should acquire any other Y'ederal, state or local pemiits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Warer Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your projec[ change, you must no[ify the NCDW R and submi[ a new application. If [he property is sold, the
new owner most be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wedand fills for this project (now or in the future) exceed one acre, or of total
impac[s to sheams (now or in [he future) exceed 150 linear fee[, compensa[ory miti�ation may be required as
described in I�A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certitication and any additional conditions listed below.
State of North Carolina I Emironmentai Qualip�
1617 Mail Sernce Center I Releigh, North Carolina 27699-1617
Condition(s) of Certification:
Project Speci�c Conditions
1. Due to the existing geomorphological conditions at the site as described in your application received on
November 9, 2017, the pipe replacement will not meet the burial requirement of GC 4085 of 1 foot. The
proposed culvert will be buried 1 foot at the inlet invert and will be on a 2 percent slope, resulting in the
outlet being buried approximately 3 inches. The culvert shall be installed per the proposed plan (dated
11/O1/2017) and 14 linear feet of rip rap at the downstream pipe outfall. If any compliance issues with the
culvert occur, DWR may require DOT to submit a modification of this 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)]
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 imal design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .OSOZ(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l .
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 NCAC 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 detertnines 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. [15ANCAC 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 maintained 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 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.
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), tfie NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notifythe
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 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 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.[15A NCAC 02H.0506(b)(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 arder 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
Sediment and Erosion Control Planning and Desig�z Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, tlie 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 Mindng 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 tfie 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 stste holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be fa�ced-provided the original and one copy of the document is received by the Office of
Administrative Heazings 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) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
General Counsel
Department 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. [f you
have any questions, please contact Joanne Steenhuis at (910) 796-7306 or joannesteenhuis@ncdenr.gov.
Sincerely,
n �"
i � "�,�
� ' � 'J��.^ . �
Lin� Culpepper, Intenm Director
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
Environmeiitul
QUQ�Iry
NCDWR Project No.:
Applicanh
Project Name:
Da[e of Issuance of 401 Water Quality Certification:
Coun[y:
ROY COOPER
cm��.-��m,��
MICHAEL S. REGAN
.Serrr�m�c
LINDA CULPEPPER
hurrLn Dire�'mr
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 Pemiitting
Unit, North Carolina Division of Water Resources, I617 Mail Service Cencer, Raleigh, NC, 27699-1617. This form
may be retumed to NCDWR by the applicant, the applicanCs authorized agent, or the project engineec 1[ is not
necessary to send cenificates from all of these.
.4pplicmeYs Cerlifrcntini�
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 ro be built within substantial
compliance and inrent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure: Date:
,4gen('s CeRification
l, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation ofthe construction such that the construction was observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and BufFer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature:
Engiweer's Cerlifrcufion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, full time) the construction of the projec[ for the
Permittee hereby state tha[, to the best of my abilities, due care and diligence was used in the observation ofthe
construction such that the construction was observed ro be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supponing materials.
Signature
Date
Registration No.
Ste�e of Nonh Carolina I Envimnmental Quaiiry
16I7 Mail Serncz Centzr � Raleigh. North Carnlina 2 7699-1 6 1 7