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Home My WebLink About20181102 Ver 1_Approval Letter_20180817ROY COOPER c��a MICHAEL S. REGAN Se�,rrarr LINDA CULPEPPER lrtfertm DirMor NORlH CARUi1NA EnNronmenfof Quaflry August 17, 3018 Duplin County NC D W R Project No. 201 S I 102 WBS # 3B.20i21 I I SR I 1,6 Chicken Neck Road Site 2 APPROV.4L of 401 WATF.R QUALITY CERTIFICATION with ADDITIONAL COYDITIONS Mr. Mason Herndon NCDOT, Division 3 5501 Barbados Blvd. Castle Hayne. NC 28429 Dear Mr. Herndon: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing a 48" CMP with a 66" CMP on SR I 136 (Chicken Neck Road) in Duplin County: Site , � '1'O"I'AI. Permanent Fill Temporary Fill in Intermittent in Intermittent Stream Strcam (Iinear Pq pinear ft) To[al Stream Impaet for Project: 66 lincar feet. the Ca e Fear River Basin Permanenl Fill Temporary Fill '�otal Stream in Perennial in Perennial Impact Stream Stream (linear ft) (linear fq (linear ft) 10 10 -1G 4G � > ; i SI IS 6G Stream Impacts Requiring Mi[igation (lincar ft) The project s'hall be constructed in accordance with your application dared received August 9, 20I8. Afrer reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification Number4132. This certitication corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permi[s before you proceed with your project includin� (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will espire wi[h [he accompanying d04 pemiit. �,...:�� Q�,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 276994617 919707.9000 0 � 0 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 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 rotal wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere ro the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certifca[ion: General Conditions I. 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 wiverts and other structures including temporary erosion wntrol 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 downsheam 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 wntact NCDWR for guidance on how to proceed and to determine whether or not a permi[ modification will be required. [15A NCAC 02H.0506(b)(2)] 2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrere 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. [ISA NCAC 02B.0200] 3. During the construction of the project, no staging of equipment of any kind is pertnitted in waters of the U.S., or protected riparian buffers. [ I SA NCAC 02H.0506(b)(2)] 4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Dismrbed floodplains and streams shall be restored to namral geomorphic conditions [ I SA NCAC 02H.0506(b)(2)] 5. The use of rip-rap above the Nortnal High Water Mark shall be minimized. Any rip-rap placed for stream s[abilization shall be placed in stream channels in such a manner that i[ does no[ impede aqaatic 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. [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (�)(�)l 7. AII 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 watec [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 in[o the stream. [I SA NCAC 02H.0506(b)(3)] North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury 5[reet � 1617 Mail Service Center � Raleigh, North Carolina 2 7 699-16 17 919.707.9000 _� 9. All mechanized equipment operated near surface waters must be regulazly 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)] 1 I. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacen[ to surface waters is prohibited. [ISA 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 designared or achieved use) or that State or federai law is being violated, or that further conditions are necessary to assure compliance, the NCD W R may reevaluate and modify this certification. [ I SA NCAC 026.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certificatioa [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 managec [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (cx2)� I5. The outside buffer, wetland or water boundary located within the construction corcidor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts ro areas within the fencing are prohibited unless otherwise authorized by this certification. [ I SA NCAC 02H.0501 and .0502] 16. The issuance of this certification does not exempt the Permitree from complying with any and alI statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) havingjurisdiction, including but not limited to applicable buffer rules, srormwater 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 ofdiscovery. [15A NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impacts at associated borcow or wasre sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify [he NCDWR when all work included in [he 401 Certification has been completed. [15A NCAC 02H.0502(�] 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 02BA231(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)] .s �_D_�� North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 276941617 919.707.9000 2 L Erosion and sediment control practices must be in full compliance with all specifications goveming Ihe proper design, installation and operation and maintenance of such Best Management Prac[ices in order to protect surface waters standards [ISA 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 Sedimen! and Erasion Control P/anning and Design Manua(. b. The design, installation, operation, and maintenance of the sediment and erosion conaol measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Contro! Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractorvowned 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 Surjace Mining Manual. d. The reclamation measures and implementation must compty 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. [ISA 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 Ihe petition form from the o�ce of Administrative hearings. You must file the peti[ion with the office of Administrative Hearings within sixty (60) days of receipt of [his notice. A petition is considered filed when it is received in the office of Administrative Hearings during nortnal 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 O�ce of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Adminishative Hearings within five (5) business days following the faxed transmission. The mailing address for the O�ce of Administrative Hearings is: OfFce of Administrative Heazings 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: Mr. Bill F. Lane, General Counsel Department of Emironmental Qualiry 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 contact Joanne Steenhuis at (910) 796-7306 orjoanne.steenhuis@ncdenr.gov. Sincerely, �� - ��: Lm ulpepper, Inter' Director Division of Water Resources �D_E�� North Carolina Department of Environmental Qualiry I Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 � —� Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Chris Dustin, Consultant Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office File Copy North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER c��r.,r�, MICHAEL S. REGAN Sptrrrar>. LINDA CULPEPPER frtfertm D+rector NORTH CARC7iINA Fnrlronmmrol Quallry NCDWR Project No.: 20181102 Countv: Dunlin Applicanf: Project Name: Date of Issuance of 401 Water Quality Cer[ification: Certificate of Comple[ion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequen[ modifications. the applicant is required to retum this certificate to Ihe 401 �iransportation Perniitlin� Uni[. North Carolina Division of Water Resources, I6I7 Mail Service Centec Ralei��h. NC. �7699-1617. This fbrm may be re[umed to NCDWR by the applicant. the applicanYs authorized a,ent, or the projec[ enaineer. It is not necessary to send certificates from all oftliese. ,4pplicanPs Certifrcalion 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 constructiai was observed to be built within substantial compliance and intent of [he 401 Water Qualiry Cenitication and Buffer Rules. the approved plans and specifications, and other supportin�l ma[erials. Signature: Date: .AgeiiPs Certifrculion I, , hereby state that. to the best of my abilities, due care and diligence was used in the observation of thc construc�ion such that the construction w�s obscrvcd to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin_ materials. Siena[ure: Engiireer's Certircafiai� Partial Final I, , as a duly reeistered Professional Eneineer in die Sta[e of North Carolina, havin2 been au[horized to observe (periodically. weekly, full time) [he construction of the project for the Pemiittee hereby state that, to the best of m� abilities. due care and diligence was used in the observatiun of the construction such tha� the consvuction was observed [o be built wi[hin substantial compliance and inten[ of the a01 Warer Quality Certification and Buffer Rules. the approved plans and specifications, and other supporting materials. Signature Da[e Reeistra[ion No. � ��;.�...^.,.�\ /�� . North Carolina Department oF Environmental Quality I Division of Water Resources 512 North Salisbury S[reet I 1617 Mail Service Center I Raleigh, North Carolina 27699d617 919.707.9000