20090372 Ver 1_Approval Letter_20090620

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Colson H, Sullins
Governor Director
July 20, 2009
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to NC 210 (Murchison Road) in Cumberland
County, Federal Aid Project No. STP 210(11), State Project No. 36492.1.2, TIP No. U-4444,
NCD W Q Project No. 20090372.
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3805 issued to The North Carolina Department of Transportation
(NCDOT) dated July 20, 2009.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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oleen H. Sullins
Director
Attachments
cc: Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Underwood, NCDOT NEU
Travis Wilson, NC Wildlife Resources Commission
Ecosystem Enhancement Program
Ken Avenue, NCDWQ Fayetteville Regional Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httpa1h2o.enratate.nouslnmetlandsl
NorthCarolina
Naturallrf
An Equal Opportunity t.4ffirmauve Action Employer
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 7.39 acres of jurisdictional wetlands, and
1,100 linear feet ofjurisdictional streams in Cumberland County. The project shall be constructed pursuant to the
application dated received April 7, 2009. The authorized impacts are as described below:
Stream Impacts in the Ca a Fear River Basin
Site Permanent Fill in
Intermittent Stream
linear ft Permanent Fill in
Perennial Stream
linear ft Total Stream Impact
(linear ft) Stream Impacts Requiring
Mitigation
linear ft
2 0 310 310 310
3 0 681 681 681
4 109 0 109 0
Total 109 991 1100 991
Total Stream Impact for Project: 1,100 linear feet
Wetland Impacts in the Cape Fear River Basin
Site Permanent Fill
ac Excavation
ac Mechanized
Clearing ac Drained
ac Total Wetland
Impact ac Wetland Impacts
Requiring Miti ation ac
1 0 0 0.01 0 0.01 0.01
2 1.00 0 0.08 0 1.08 1.08
3 4.53 0.22 0.29 0.95 5.99 5.99
4 0.26 0 0 0 0.26 0.26
5 0.05 0 0 0 0.05 0.05
Total 5.84 0.22 0.38 0.95 7.39 7.39
Total Wetland Impact for Project: 7.39 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received April 7
2009. Should your project change, you are required to notify the NCDWQ 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require
compensatory mitigation as described in For this approval to remain valid, you are required to comply with all the
conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding
with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge
and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of
the corresponding Corps of Engineers Permit.
Conditions of Certification:
1. Compensatory mitigation for 991 linear feet of impact to perennial streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated March 23, 2009 that they will assume responsibility for satisfying the federal Clean Water
Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MCA
signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
2. Compensatory mitigation for impacts to 7.33 acres of riparian wetlands and 0.06 acres of non-riparian wetlands is
required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through
the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation
for the project. EEP has indicated in a letter dated March 23, 2009 that they will assume responsibility for satisfying
the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance
with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004
3. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using
appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.)
prior to discharging to surface waters.
4. Unless otherwise approved in this certification, 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 NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
5. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
6. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
7. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
8. A copy of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application dated received April 7, 2009. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Quality.
9. 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.
10. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
18. 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 NCDWQ 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, NCDWQ may reevaluate and modify this certification.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
20. 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.
21. The outside 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.
22. 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.
23. The Pemnttee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
24. 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 NCDWQ when all work
included in the 401 Certification has been completed.
25. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction.
26. 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.
27. 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.
28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have
the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and binding.
This the 20th day of July 2009
DIVISION OF WATER QUALITY
;.-Coleen H. Sullins
Director
WQC No. 3805