20181352 Ver 1_Approval Letter_20181011

ROY C04PER
Guvnnw
MICHAEL S. REGAN
SPUft�
L4NI3A CULPEPPER
rmenn, a.nnar
NORt H CAROiINA
EnrWnmenrof Qualrry
October I I, 2018
Onslow Counry
NCDWR Project No. 20181352
SR 1620 (Henson Drive)
APPROVAL of 4U1 WATF.R QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS
Mr. Sean Farrell, Environmental Specialist
NCDOT, Division 3
5�01 Barbados Blvd.
Casde Hayne. Nc 284?9-5647
Dear Mr. Farrell:
You have our approval, in accordance with the cnndi[ions listed below, for the following impacts for the purpose of
replacin� a culvert on Henson Drive (SR 1620) in Onslow County:
Site
Stream Impacts in [he White Oak Rivcr Basin
Permanent Fill Temporary 1'ill Permanen[ Fill Temporary Fill
in Intermittent in Intermittent in Perennial in Perennial
Stream Stream 5tream Stream
(linear ft) (linear ft) (linear R) Qinear ft)
TOTAL I � I � I s I � �
Total S[ream Impact for Pruject: 18 linear feet.
Total Stream Stream Impacts
Impect Requiring
Qinear ft) �tigation
(linear ft)
18 NiA
The project shall be constructed in accordance with your application dated received October 8, 2018. After
reviewin� your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4132. This certitication corresponds ro Ihe Na[ionwide Pernii[ 3 issued 6y the Corps of Engineers. In
addition, you should acquire any other federal, sta[e or local permi[s before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed re�ulations. This
approval will expire with the accompanying 404 pemii[.
This approval is valid solely for the purpose and desien described in your application (unless modihed below).
Should your project chanee, you must notify the NCDW R and submit a new application. If the property is sold, the
new owner must be �iven a copy of [his 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 of total
impacts to streams (now or in the Future) exceed I50 linear feet, compensatory mitigation may be required as
�...�..� Q�,�
North Carolina Departmen[ of Environmental Quahty I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 2 7 699-16 1 7
919.707.9000

described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere [o the
conditions lisred in the attached certification(s) and any additional conditiuns listed below.
Condi[ion(s) of Certification:
Project Specific Conditions
Due ro[he existin� oeomorphobgical mnditions at the site as described in your application received on
October 8. 2018, the pipe replacement will not meet [he burial requiremen[ oFGC 4132 of I fooC The
proposed culvert wil I be buried i foot at the inlet invert and will be on a 3 percent slope, resul[ing in the
outlet not being buried, resulting in a 4' fall at the oudet end at the blow hole and I.>' above the natural
stream bed downstream of the blow hole. The culvert shall be installed per the proposed plan received
Oc[ober 8. ?018 and 8 linear feet of rip rap at the downstream pipe outfall. If any compliance issues with the
culvert occur. DWR may require DOT to submit n moditication of Ihis culvert design. [I SA NCAC
02H.0�06(b)(2)]
General Conditions
2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters 1nd
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameier
areater [han 48 inches, and 20 percent of the culvert diameter for culverts having a diame[er less [han 48
inches, [o allow low Flow passage of wa[er and aqua[ic life. Design and placement of culvehs and o[her
structures includin2 temporary erosion control meawres shall not be conducted in a manner that may result
in dis-eyuilibrium of wetlands or sVeambeds or banks, adjacent to or upsveam and duwnstream of thc above
structures. The applicant is required lo provide evidence lha[ Ihe equilibrium is bein�, maintained if requested
in wri[ing by NCDWR. If [his condition is unable to be met due to bedrock or other limitine features
encountered durine construction, please con[act NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [ ISA NCAC 02H.0506(b)(2)J
3. 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 inadvertenNy contacts uncured concrete shall not
be discharged ro surface warers due to the porential for elevated pH and possible ayuatic life and fish kills.
[ I SA NCAC 02B.0200�
4. During the construction of the project, no staeing of equipment of any kind is permitted in warers of the
U.S., or protected riparian buffers. [ISA NCAC 02H.05p6(b)(2)]
g, The dimension, pattern and protile of the stream above and below the crossine shall not be modified.
Disturbed Floodplains and streams shal l be restored to nawral eeomorphic conditions. [ I SA NCAC
02H.0506(b)(Z)]
6. The use of rip-rap above [he Normal Hieh 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 aqua[ic life
passage. [15A NCAC 02H.Oj06(b)(2)]
7. The Permittee shall ensure that the final design drawings adhere m the permit and to the permit drawings
submitted for approvaL [I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(Z)]
8. All work in or adjacent to s[ream waters shall be conducted in a dry work area. Approved BMP measums
from [he most current version of NCDOT Construction and Main[enance Ac[ivi[ies manual such as
sandba�s, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowin� watec [I SA NCAC 02H.Oi06(b)(3) and (c)(3)]
�..,..: � Q��
North Carolina Department of Emironmental Quality i Drvision of Water Resources
512 North Salisbury Slreet I 1617 Mail Service Cente� I Raleigh. North Carolina 27699-1617
919.707.9000

9. Heavy equipment shall be operated from the banks raHier than in [he stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)]
10. 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. [ISA NCAC
02H.0506(b)(3)J
I 1. No rock, sand or other marerials shall be dredged from the stream channel except where authorized by this
certification. [ISA NCAC 02H.0506@)(3)]
12. Discharging hydroseed mix[ures and washing ou[ hydroseeders and other equipmen[ in or adjacen[ to surface
waters is prohibited. [ISA NCAC 02H.0506(b)(3)]
13. The pemiitcee and its authorized agents shall conduct its activities in a manner consistent with State water
qualiry standards (incloding any requirements result�ing from compliance with §303(d) of the Clean Water Acf)
and any other appropriate requirements of State and Federal law. Ifthe NCDW R determines that such standards
or laws are not bein, met (includine the failure to sustain a designated or achieved use) or that State or federal
law is being violated, or [hat further conditions are necessary [o assure compliance, [he NCD WR may reevaluate
and modify this certification. [ISA NCAC 02B.0200]
14. All fill slopes located in jurisdictional weNands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by [his certitication. [ I�A NCAC 03H.0506(b)(2)]
I5. A copy of this Water Quality Certification shall be main[ained on the construc[ion si[e at all [imes. In addi[ion,
the Water Quality Certification and all subsequent moditications, if any, shall be maintained wi[h the Division
Engineer and the on-site project manager. [ISA NCAC 02H A�07(c) and I�A NCAC 02H .0506 (b)(2) and
(�)(�)]
16. The outside bufler, wedand or wa[er boundary loca[ed wi[hin the construc[ion corcidor approved by this
authorization shall be clearly marked by hi;hly visible fencing prior to any land disturbing activities. Impacts
to areas within [he fencing are prohibited unless otherwise authorized by this certifica[ion. [ISA NCAC
02H.0501 and .0502]
17. The issuance of [his certification does not exemp[ [he Permittee from complying with any and all statu[es, rules,
regulations, or ordinances that may be imposed by other govemment aeencies (i.e. local, state, and federal)
having jurisdiction, including bu[ not limited [o applicable buffer rules, srormwater management rules, soil
erosion and sedimentation control requirements, etc.
18.The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours ofdiscovery. [I�A NCAC 02B.0506(6)(2)J
14 Upon completion of the project (including any impacts a[ associated borrow or waste sites), the NCDOT
Division Engineer shall comple[e and remm [he enclosed "Certifica[ion of Completion Form° ro notify the
NCDWR when all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�]
20. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of ihe project
by the end of [he �rowin_ season following completion of construction. [ I SA NCAC 02B.0231(a)(6)]
21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borruw sites, or access roads to waste or borrow
sites, be located in wetlands or streams, compensatory miti;ation will be required since tha[ is a direct impact
from road construction activities.[I SA NCAC 02H.OS06(b)(3) and (c)(3)]
�..�. � Q��
North Carolina Department of Enviionmental Quality � Division of Water Resources
512 North Salisbury Street I 1617 Maii Service Centei I Raleigh, North Carolina 27699-161�
919.707.9000

22. Erosion and sediment control practices must be in full compliance with all specihcations goveming the proper
design, installation and operation and maintenance of such 6est Management Practices in order to protec[
surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project musi be designed. installed, operared,
and maintained in accordance with the most recent version of the North Cmolinn Sedimznt and
Erasinn Conn•o( Plunning und Design .M19nnua(.
b. The desien, ins[allation, operation, and maintenance of the sedimen[ and erosion control measures
must be such that they equal, or exceed. [he reyuirements specitied in the most recent version of
the North Cnrnlino Sediment aid Ernsion Cnnn�n! A�fununL The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects. including contractor-owned or
leased borrow pits associa[ed with Ihe project.
a For borrow pit si[es, ihe erosion and sedimen[ control measures mus[ be designed, installed,
opera[ed, and maintained in accordance with [he mos[ recent version of [he Nnrth Carolrnn Su�Jacc
A4ining A4animl.
d. The reclamation measures and implementation must comply with the reclamation in aceordance
with the requirements of the Sedimentation Pollution Control Act.
23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certitication. [ I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to con[est am statemen[ in [he attached Certificatiun you must file a petition for an administra[ive
hearin�. You may obtain [he pe[ition form from the office of Adminis[rative hearings. You must file the pe[ition
with [he office ofAdminis[ra[ive Hearings wi[hin sixry (60) days ot�receipt ofthis notice. A peti[ion is considered
tiled when it is received in [he otlice of Administrative Hearin_s durin, normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the huurs of S:OOam and S:OOpm. except
for ofticial sta[e holidays. The ori�inal and one (1) copy of the pe[i[ion must be filed with [he Office of
Administrative Hearings.
The petition may be fazed-provided the orieinal and one copy of the document is received by the Office of
Administra[ive Hearings wi[hin five (5) business days following [he faxed Ransmission.
The mailine address for the Of'fice of Administrative Hearings is:
Office of Adminis[rative Hearings
6714 Mail Service Center
Ralei�h, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane. General Counsel
Department of Environmental Qualiry
1601 Mail Service Cen[er
Raleigh, NC 27699-1601
,..�.�.,. � Q�r
North Carolina Department of Environmen[al Quality I Division of Wa[er Resources
512 North Salis6ury Street I 1617 Mail Service Center I Raleigh. North Carolina 2 7 699-16 17
919.707.9000

This letter completes the review of the Division of Water Resowces under Section 401 of the Clean Water Act. If you
have any questions, please contact loanne Steenhuis at [phone] [e-mail].
incerely,
C � �� l
Linda ulpepper, Int im Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, Division 3 Environmental ProHram Supervisor
Cathy Brittingham, NC Division of Coastal Management
Stephen Lane, NC Division of Coastal Management
Joanne Sreenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury S[reet I 1617 Mail Service Cen[er I Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
LOV19TlM
MICHAEL S. RECAN
Srurra r
LINDA CULPEPPER
lrtrertm (�reYtor
NOR7 H CARO�INA
EnHronmenrof Qeollry
NCDWR Project No.:
Applicanh
Project Name:
County:
Da[e of Issuance of 401 Water Qualit�� Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules. and
any subsequent moditications, the applicant is required ro retum this certificate to the 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's au[horized agent, or the project engineer. It is not
necessary to send certiticates from all of these.
Applican('s Cerlifrcalion
f, , 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 buile within substantial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agenr's Cerrificution
1, , hereby state that. to the best of my abilities, due care and diligence
was used in [he observation of Ihe construction such tha� the construction was observed to be built within substantial
wmpliance and intent of the 401 Water Quality Certification and Buffer Rules. Ihe approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Cerlifrcation
Partial Final
1, , as a duly registered Professional En_ineer in the Stare of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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 i�tent ofthe 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supportiog materials.
Signarure
Date
Registration No.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street ! 1617 Mail Service Center i Raleigh, North Carolina 27699d617
919707.9000
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