20180060 Ver 1_Approval Letter_20180111

Envir'anm en tal
QUQI(ty
ROY COOPER
<;oirruor
MICHAEL S. REGAN
s,•�,. r„� �
LINDA CULPEPPER
br(crim Direclm'
January 1 I, 2018
D�iplin County
NCDW R Project No. 20180060
SR I501
W BS # DF I 5003.203 I 105
APPROVAL of 40t WATCR QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mason Hemdon, Environmental Program Supervisor
NCDOT, Division 3
550I Barbados Boulevard
Castle Hayne, NC 28429-5647
Dear Mr. Herndon:
You have our approval, in accordance with the condi[ions lisfed below, for the followine impacts lor [he purpose of
replacing a pipe on Housland Branch in Duplin County:
Site
Fear River Basin
Permanent Temporary Permanent Temporary
Fill in Fill in Fill in Fill in Total
Intermittent Intermittent Perennial Perennial stream
Stream Stream Stream Stream Impacts
ninear frl llinear ftl Ilinear ftl (linear ft) (linear H
OTAL I I I 3
Total Stream Impacf for ProjecL• 3 linear feet.
Stream
Impacts
Requiring
Mitigation
:1/_1
The project shall be constructed in acwrdance with your applica[ion dated received January 10, 2018. After
reviewing your application, we have decided that these impac[s are covered by General Water Quality Certification
Number 4132. This certification corresponds to the Nationwide Perniit 3 issued by the Corps of Engineers. In
addition, you should acquire any other federal, sta[e or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Disdiarge and Water Supply Watershed regulations. This
approval will expire with [he aceompanyin, 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 applica[ion. Ifthe property is sold, the
new owner must be given a copy of this Certifica[ion and approval IMter, and is [hereby responsible Por complyin�
with al I the conditions. If total wetland fills for this projec[ (now or in the fu[ure) exceed one acre, or of total
impacts to streams piow or in the fu[ure) exceed I50 linear feet, compensa[ory mitigation may be required as
described in I SA NCAC ?FI .0506 (h) (6) and (7). For this approval ro remain valid, you must adhere m the
conditions listed in the attached certitica[ion(s) and airy additional condi[ions lisfed below.
Stale ol'Nonh Camlina � fm�ironmenml Quali�r'
I G17 Mail Servlce Center I Balelgh, Nonh Curollna 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
January 10, 2018, the pipe replacement will not meet the burial requirement of GC 4085 of 1 foot. The
proposed culvert will be buried 1.5 feet at the inlet invert and will be on a 3 percent slope, resulting in the
outlet being approximately 6 inches above the downstream channel. The culvert shall be installed per the
proposed plan (dated 1/10/2018) and 3 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 cul.vert
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 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 (c)(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 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 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 maintained with the Division
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(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 with'in 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), 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. [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 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 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(li)(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 flings 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.

7'he petition may be fa�ced-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed uansmission.
T'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (9l9) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 contact Joanne Steenhuis at [phone] or [e-mail].
Sincerely,
T�����af a
Linda u epper, I erim D'vector
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Chris Dustin, Env'vonmental Consultant
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy

Environmervc�l
QUQ�Ity
NCDWR Project No.:
Applicant:
ProjecC Namc:
Da[e of Issuance of 401 Water Quality Cer[ification:
County:
ROY COOPER
�;�„���„o��
MICHAEL S. REGAN
����,�. �����r
LINDA CULPEPPER
burrim Direc'lar
Certificate of Completion
Upon complction of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required ro rcturn this certificate to the 401 Transportation Permittin,
Unit, North Carolina Division of Wa[er Resources. 1617 Mail Service Cen[ec Raleigh, NC, 27699-1617. This form
may be returned [o NCDWR by [he lpplicant, the applican['s authorized agen[, or the project engineer. It is not
necessarv to send certiticates from all ofthese.
Applicui�!'s Certifrcution
I, , hereby stare that, to the best of my abilities, due care and diligence
was used in the observalion of the construction such that the construction was observed to be built within substantial
compliance and in[ent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signature: _ Date:
.4gent's Cerlificafion
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 conscruction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cenification and Buffer Rules, tlie approved plans and
specifications, and other supponing materials.
Signature: Date:
Engineer's Certifrcation
Partial Final
1, , as a duly re_istered Professional Engineer in the State of North
Carolina, having been auNiorized to observe (periodically, weekly, full time) [he construction of the project for the
Permi[tee hereby state that, to the best of my abili[ies, due care and dili�ence was used in [he observation ofthe
construction such [hat the construction was observed to be built wi[hin substan[ial compliance and inten[ of the 401
Water Quality Certification and l3uffer Rules, the approved plans and specifications, and other supporting materials.
Sianature
Date
Re�istration No.
Slaie ol Nonh Carohna � Environmtnlal Quality
I GI7 Mail Senire Center I RaleielL Nonh Carolina 27699-1617