20181532 Ver 1_Approval Letter_20181114

ROY COOPER
Gurer„nr
MICHAEL S. REGAN
1i�n�elm�r
Environmenful LINDA CULPEPPER
brlrriur Dirrcmr
QURI!!y
November 14, 2018
Duplin County
NCD WR Project No.201801532
Pipe Replacement on a UT to
Panther Branch
WBS#: DF15403?031194
APPROVAL of a01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Sean Parrell, Environmental Specialist
NCDOT, Division 3
5501 Barbados Boulevard
Casde Hayne, NC 28429-5647
Dear Mc Farrell:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a pipe in a UT to Panther Creek on SR 1704 (Kitty Noecker Road) in Duplin County:
Site
TOTAL
Stream In
Permanen[ Fill in
Intermi[[ent
s[ream (linear ft)
Temporary Fill Permanent Fill Temporary
in Intermit[en[ in Perennial Fill in
Stredm (linear Siream (linear Perennial
ff) ft) S[ream
Total Stream Impacts for ProjecC 16 linear feet
13
Total Stream
Stream Impacts
Impacts Requiring
(linear f[) Mitiga[ion
linear ft
16 N/A
16 N/A
The project shall be constructed in accordance with your application dated received November 13, 2018. After
reviewing your application, we have decided that these impacts are covered by General Wacer Quality Certification
Number 4132. This certification corresponds to the Nationwide Permit 3 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 Iimited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanyine 404 permit.
This approval is valid solely for the purpose and design described in your application (except where modified
below). Should your project change, you must notify the NCDWR and submit a new application. Ifthe property is
sold, [he new owner must be given a copy of this Certification and approval letter, and is thereby responsible for
complying with all the condi[ions. If total wetland fills for this project (now or in the fu[ure) eaceed one acre, or of
total impacts to streams (now or in the fumre) exceed 150 linear feet, compensarory mitigation may be required as
described in 15A NCAC 2F1 .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification, except where exempred and any additional conditions listed below.
Condition(s) of Certifica[ion:
State of North Carolina I Em�ironmental Qualiry
1617 Mail Senice Center I Rzleigh, North Carolina 27699-1617

Project Specific Conditions
1. Due to the existing geomorphological conditions at the site as described in your application received on
November 13, 2018, the pipe replacement will not meet the burial requirement of GC 4132 of 1 foot.
The proposed culvert will be buried 1 foot at the inlet invert and will be on a 3 percent slope, resulting in
the outlet being approximately 0.74 feet above the downstream channel. The culvert shall be installed
per the proposed plan (dated 11/9/2018) and 3 linear feet of rip rap and flowable fill 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. 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
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 downstream 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 contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[ 15A NCAC 02H.0506(b)(2)]
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 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]
4. 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)]
5. 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)]
6. 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)]
7. 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
(�)(2)]
8. 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)]
9. 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)]
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.
[15A NCAC 02H.0506(b)(3)]
11. 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)]

12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
13. 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) ofthe 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]
14. 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)]
15. 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)]
16. 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]
17. 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.
18. 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)]
19. 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. [1SA 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
02H.0506(b)(2)]
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 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached CeRification you must file a petition for an administrative
hearing. You may obtain the petition Fortn from the office of Administrative hearings. You must file the petition
with [he office of Administrative Hearings within si�cty (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 Uvough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the fa7ced transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Cen[er
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petirion must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Env'vonmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
7'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any quesrions, please contact Joanne Steenhuis at [phone] or [e-mail].
Sincerely,
i � �� � 1
U� �
Linda Culpep r, [nterim Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Hemdon, Division 3 Environmental Program Supervisor
Joanne Steenhuis, NC Division af Water Resources Wilmington Regional Office
File Copy

Environmentul
QUQI(ty
NCDWR Project No.:
Applican[:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gore„ror
MICHAEL S. REGAN
srcremrr
L1NDA CULPEPPER
lAlefi/n Uir'lClo/'
Certificate of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequent moditications, Ihe applicant is required to return this certificate to the 401 Transportation Perniitting
Unit, North Carolina Division of Wa[er Resources, I6I7 Mail Service Cen[er, Raleigh, NC, 27699-1617. This forni
may be remrned to NCDWR by the applicant, the applicanrs authorized agent, or the project engineer. It is not
necessary ro send certificates from all of these.
Applicun('s Cer�ifrcutiai
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of ihe construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supponing materials.
Signature: Date:
AgeiiPs Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of [he construction such that lhe cons[ruction was observed to be built within substantial
compliance and intent of [he 401 Wa[er Quality Certifica[ion and Buffer Rules, [he approved plans and
specifica[ions, and other supporting materials.
Signafure:
Exgineer's Cerlification
Partial Final
I, , as a duty regisrered Professional Engineer in the State of North
Carolina, having been authorized to observe (peripdically, weekly, full [ime) the construc[ion of [he project for the
Permittee hereby state that, to the best of my abilities. due care and diligence was used in the observation of the
construction such [hat [he construction was observed to be built wi[hin substantial compliancc and intent of the 401
Water Quality Certification and Bufler Rules, the approved plans and specifications, and o[her supporting materials.
Signature
Date
Registration No.
Staie of North Camlina � Lnvironmzntal Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617