20090027 Ver 1_Approval Letter_20090114

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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
January 14, 2009
Duplm County
DWQ Project No 090027
SR 1821, Arthur Sloan Road
State Project No 3 203121
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr H Allen Pope, P E, Division Engineer
NCDOT, Division 3
124 Division Drive
Wilmington, North Carolina 28401
Dear Mr Pope
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of implementing roadway improvements to SR 1821, Arthur Sloan Road, in Duplm County
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Crossing Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
# (linear ft) Mitigation
linear ft
Pipe 3 15 LF 5 LF 20 LF
Sta 33+90 replace 30'x 48" CMP for cofferdam
with 45 LF of
66" x 51" CMPA
Total 15 LF 5 LF 20 LF
Total Stream Impact for Protect: 20 linear feet.
The project shall be constructed in accordance with your application submitted January 5, 2009 by Mr
Mason Herndon, Division 3 DEO, received January 9, 2009 After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Number 3704 This
certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers In addition, you
should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations
N rihCarolina
;aturallay
North Carolina Division of Water Quality/Surface Water Protection Section
Mailing Address Phone [phone] Customer Service 1-877-623-6748
225 Green Street Suite 714 Fax [phone] Internet www ncwaterguahty org
Fayetteville, NC 28301
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Revised 1/14/09

Mr H Allen Pope, P E
January 14, 2009
Page 2
This approval is valid solely for the purpose and design described in your application (unless modified
below) Should your project change, you must notify the DWQ 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 if 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) (6) and (7) For this
approval to remain valid, you must adhere to the conditions listed in the attached certification as well as
the following
Additional Conditions:
1. Placement of culverts and other structures in waters, streams, and wetlands 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
including 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 down stream
of the above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required
2 If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills
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
4 The dimension, pattern and profile of the stream above and below the crossings should not be
modified Disturbed floodplains and streams should be restored to natural geomorphic conditions
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
6 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
7 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
Y
Mr H Allen Pope, P E
January 14, 2009
Page 3
8 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
9 No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification
10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
11 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 DWQ 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, DWQ may reevaluate and modify this
certification
12 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless
otherwise authorized by this certification
13 A copy of this Water Quality Certification shall be posted 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
14 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
15 Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed
16 Native riparian vegetation must be reestablished within the construction limits of the project by
the end of the growing season following completion of construction
17 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 be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities
.1l

Mr H Allen Pope, P E
January 14, 2009
Page 4
18 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 recent version of the North Carolina
Sediment and Erosion Control Planning 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 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
19 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored upon completion
of the project
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing
You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N C 27699 This certification and its
conditions are final and binding unless you ask for a hearing This letter completes the review of the
Division of Water Quality under Section 401 of the Clean Water Act If you have any questions, please
contact Ken Averitte at [phone]
Sincerely, // 11
i?Q/?2oL?J 'J '/&?
Coleen H Sullins
Attachments (General Certification and Certificate of Completion form)
cc Wilmington US Army Corps District Office
Mason Herndon, Division 3 Environmental Officer
US Army Corps of Engineers, Wilmington Field Office
DLR, Wilmington Regional Office
ISonia Greg99_,_4,0 1_Wetlands/DQTt
FRO File Copy
Joanne Steenhuis, W1RO
Duphn SRI 821 ArthurSloanRd 090027 401 doc
• Y

Mr H Allen Pope, P E
January 14, 2009
Page 3
8 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
No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification
10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
11 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 DWQ 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, DWQ may reevaluate and modify this
certification
12 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless
otherwise authorized by this certification
13 A copy of this Water Quality Certification shall be posted 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
14 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
15 Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed
16 Native riparian vegetation must be reestablished within the construction limits of the project by
the end of the growing season following completion of construction
17 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 be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities