20190341 Ver 1_Approval Letter_20190322

ROY COOPER
Governor
MICHAEL S. REGAN
Secremry
LINDA CULPEPPER
Direcror
NORTH CAROLINA
Envtronmental Quality
March 22, 2019
Duplin County
NCD W R Project No. 20190341
Culvert on SR 1715
WBS # 3B.203111
APPROVAL of 401 WATER QUA WTY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Mason Herndon Environmental Program Supervisor
NCDOT, Division 3
5501 Barbados Boulevard
Castle Hayne, NC 28429-5647
Dear Mr. Herndon:
You have our approval, in acwrdance with [he wnditions listed below, for the following impacts for the purpose of
replacing a pipe on a UT to Back Swamp on SR 1715 (Fountaintown Road) in Duplin County:
Permanent Temporary Permanent
Fill in Fill in Fill in
Site Intermittent Intermi[tent Perennial
Stream I Stream I Stream
Total Stream Impact for Project: 15 linear feet.
ir River Basin
Temporary Stream
Fill in Total stream Impacts
Perennial Impacts Requiring
Stream (linear ft) Mitigation
linear ft linear ft
10 15 N/A
10 15 N/A
The project shall be constructed in accordance with your application da[ed received March 18, 2019. After
reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification
Number 4132. 'I'his certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers In
addi[ion, you should acquire any o[her federal, s[a[e or local permits before you proceed with your project including
(bu[ 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 mus[ notify the NCDWR and submi[ a new application. If the property is sold, [he
new owner must be given a copy of this Certifica[ion and approval Ietter and is thereby respo�sible for complying
with all the conditions. If total wetland fills for this project (now or in the fuwre) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 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 to the
conditions listed in the attached certification and any additional conditions listed below.
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Offlce I �27 Cardinal Drive Extension I W�Imington, North Carolina 28405
�wo:m�wmr...��www�n 910796.RI5

Conditions of Certification:
Project Specifc Conditions
1. Due to the existing geomorphological conditions at the site as described in your application received on
March 18, 2019, the pipe replacement will not meet the burial requirement of GC 4132 of 1 foot. The
proposed culvert will be buried 0.18 feet at the inlet invert and will be on a 3 percent slope, resulting in
the outlet being perched approximately 1.5 feet. The culvert shall be installed per the proposed plan
(dated 3/15/19) and 5 linear feet of rip rap at the downstream pipe outfall. If any compliance issues with
the culvert occur, DWR may require DOT to submit a modifcation of this culvert design. [15A NCAC
02H.0506(b)(2)]
General Conditions
2 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]
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. [15A NCAC 02H.0506(b)(2)]
4 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)] ,
5 The use of rip-rap above the Nortnal 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)]
6 The Pertnittee 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)� �
7 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)]
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 into the stream. [15A NCAC
02H.0506(b)(3)]
9 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)]
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)]
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]

12 The permittee and its authorized agenu 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. [f 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 aze necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13 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(bx2)]
14 A copy of this Water Qualiry Certification shall be maintained on the wnstruction site at all times. In
addition, the Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (bx2) and (cx2)1
15 The outside buffer, wetland or water boundary located within the consWction cortidor approved by this
authorization shall be clearly mazked by highly visible fencing prior to any Iand disturbing
activities. Impacu to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
16 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 govemment 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.
17 The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(bx2)]
18 Upon completion of the project (including any impacts at associated bonow or waste sites), the NCDOT
Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to no[ify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
19 Native riparian vegetation must be reestablished in the riparian azeas within the construction limits of the
project by the end of the growing season following completion of constructioa [15A NCAC
02B.0231(ax6)]
20 T'here shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this pertnit without appropriate modification. Should waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or sReams, compensatory mitigation will be required since that is
a direct impact from road constrvction activities. [ 15A NCAC 02H.0506(bx3) and (cx3)]
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 standazds [ISA NCAC 02H.0506(bx3) and (cx3]):
a. The erosion and sediment control measures for the project must be designed, installed,
opemted, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Marrua/.
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 Caro[ina Sediment and Erosion Contro/ 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 Minrng Mameal.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
22 Sediment and erosion conhol measures shall not be placed in weUands or waters unless otherwise
approved by this Certification [15A NCAC 02H.0506(bx3) 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 the petition form from the office of Administrative heazings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this 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 S:OOam and S:OOpm, except
for official state holidays. T'he original and one (1) copy of the petition mus[ 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 faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 [phone] or [e-mail].
Sincerely,
�� �'
Linda 1pepper, Di ctor
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmine[on Field Office
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy