20060364 Ver 4_Approval Letter_20090721

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Jul), 21, 2009
Pender County
TIP Project B-4223
DWQ Project No. 060364x4
State Project No. 8.1271001
Dee Freeman
Secretary
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS (Reissuance)
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following stream and xxetland impacts for
the purpose of completing the replacement of Bridge No. 21 on Highway 210 in Pender County. This bridge crosses the
Northeast Cape Fear River, class "B-Swamp" waters in the Lumber River Basin.
Wetland Impacts in the Cape Fear River Basin (riparian)
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(pee (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
application) aC
( )
(ac)
(ac)
Site 1 0.52 0.52
Total 0.52 0,52
Total Wetland Impact for Project: 0.52 acre
One
NorthCarolina
naturally
225 Green St., Suite 714, Fayetteville, NC 283015043
Phone: [phone] FAX: [phone] Customer Service. 1-877-623-6748
Internet mw.nmaterauality.org
An Ecual Opportunity 1ARinnztive Action 6nployer
Gregory .I. Thorpe, Ph.D.
July 21. 2009
Palle 2
Stream Impacts in the Cape Fear River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
(per Fill in Intermittent Perennial Stream in Perennial Impact Impacts
application) Intermittent Stream (area) Stream (area) (area) Requiring
Stream Mitigation
linear ft
Site t 0.014 ac. 0.014 ac.
_ (approx. 610 sq. ft (610 sq.ft.)
for bridge bents)
Site 2 0.008 ac. 0.008 ac.
(approx_ 3 A sq. ft. for (350 sq.ft.)
temporary work bridge
and bulkhead
Total 0.014 ac. 0.008 ac. 0.022 ac.
Total Stream Impact for Project: 0.022 ac.
The project shall be completed in accordance with your original application dated March 1, 2006 and the renewal request
dated July 2, 2009, received July 14, 2009. After reviewing your application and revised information, we have decided
that these impacts are covered by General Water Quality Certification Number 3701, which corresponds to Nationwide
Permit 23 as issued by the Corps of Engineers. In addition, you should comply with any other federal, state or local
permits as you complete this project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
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 DWQ 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 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 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification, as well as the
following additional conditions.
Additional conditions
1) 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
DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will
be required.
2) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills.
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.
Gregory J. Thorpe, Ph.D.
July 21, 2009
Page 3
4) The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
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.
6) 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.
7) 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.
8) 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.
9) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
I I) The pertnittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance xvith §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If DWQ 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, DWQ may reevaluate and modify this certification.
12) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
13) A copy of this Water Quality Certification shall be posted 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.
14) 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.
15) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification
of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
16) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
17) 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 be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
Gregory J. Thorpe, Ph.D.
July 21, 2009
Page 4
18) 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 Nvith 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.
19) Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be
removed and the natural grade restored upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter I SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center.
Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter
completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Ken Averitte at [phone].
Sincerely,

Coleen H. Sullins
?I
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Mason Herndon, Division 3 Environmental Officer
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Sonia Gregory, 401ANIetlands DOT Unit
FRO, DWQ
File Copy
Pcnder.NC210. B-4223.060364x4 401.doc