20090782 Ver 1_Approval Letter_20090903

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 3, 2009
Carteret County
TIP BK-5103
DWQ Project No. 20090782
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Stream Stream Wetlands
Site Permanent Temporary (acres)
linear ft linear ft
Carteret 40 78 30 0.07
Net Total Impacts 108 It 0.07 acres
The project shall be constructed in accordance with your application dated received July 1, 2009 for the purpose of
replacing Bridge Number 40 over Cedar Swamp Creek on SR 1140 (Roberts Rd) in Carteret County with an
aluminum box culvert. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Number 3704. This certification corresponds to Nationwide Permit 14 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 limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations. This approval will expire with the accompanying 404 permit issued by the US Army
Corps of Engineers.
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 total impacts
to streams or buffers (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (b) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, 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.
2.) 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.
North Carolina Division of Water Quality Internet: oo'o' nncatenn alin ore One
943 Washington Square Mall Phone: [phone] NorthCarollna
Washington, NC 27889 FAX [phone] Naturally
An Equal Opportunity/Affirmative Action Employer - 50%Recyded110% Post Consumer Paper
Page 2 of 4
3.) 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.
4.) The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
5.) 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.
6.) If concrete is used during construction, a dry work area should he 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.
7.) All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BID 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.
8.) 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.
9.) 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.
10.) 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.
Page 3 of 4
11.) 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.
12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13.) 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.
14.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
15.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
16.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
17.) 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.
18.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
19.) 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.
20.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
21.) Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
22.) The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and
Wildlife Service, and National Marine Fisheries Service. No in-water work is permitted between February
15 and June 30 of any year, without prior approval from the NC Division of Water Quality and the NC
Wildlife Resources Commission. In addition, the permittee shall conform with the NCDOT policy entitled
"Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
23.) 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.
Page 4 of 4
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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. 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 Garcy Ward at [phone].
Sincere] ,
-?
for 4'eo
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. Tom Steffens, US Army Corps of Engineers, Washington Field Office
Ms. Sonia Gregory, NC DWQ, 401[Wetlands Unit
Mr. Stephen Lane, DCM, Morehead City
File copy