HomeMy WebLinkAbout20191220 Ver 1_Approval Letter_20190919DocuSign Envelope ID: 0652AAA1-7352-4CE8-9DB5-616B4F06DEC4
P,OY COOPER
Governor
MICHAEL S. PEGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
September 19, 2019
Brunswick County
NCDWR Project No. 20191220
Culvert on US 17 Business
WBS# 15403.1010020
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Sean Farrell Environmental Specialist I
NCDOT, Division 3
5501 Barbados Boulevard
Castle Hayne, NC 28429-5647
Dear Mr. Farrell:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing a 3' X 3' pipe with two (2) 60" CMP pipes on a UT to Middle Swamp on US 17
Business across from the Brunswick County Government Complex in Brunswick County:
Stream Impacts in the Lumber River Basin
Permanent
Temporary
Permanent
Temporary
Stream
Fill in
Fill in
Fill in
Fill in
Total
Impacts
Site
Intermittent
Intermittent
Perennial
Perennial
stream
Requiring
Stream
Stream
Stream
Stream
Impacts
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
10
10*
20
N/A
TOTAL
10
10
20
N/A
Total Stream Impact for Project: 20 linear feet.
*10 feet of the permanent impact will also be used initially for dewatering
The project shall be constructed in accordance with your application dated received September 17, 2019.
After reviewing your application, we have decided that these impacts are covered by General Water
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 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 NCDWR 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 300 linear feet,
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
n.P, More,wWQMKV /"� 910.796.7215
DocuSign Envelope ID: 0652AAA1-7352-4CE8-9DB5-616B4Fo6DEC4
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 and any
additional conditions listed below.
Conditions of Certification:
Project Specific Conditions
Due to the existing geomorphological conditions at the site as described in your application
received on September 17, 2019, the pipe replacement will not meet the burial requirement of GC
4132 of 1 foot. The proposed culverts will be buried 1 foot at the inlet invert and will be on a 3
percent slope, resulting in the outlet being perched approximately 1.37 feet. The culverts shall be
installed per the proposed plan (dated 08/30/2019), 10 linear feet of rip rap grouted with flowable
fill at the downstream pipe outfall and 10 additional linear feet of temporary impacts for
dewatering of the project area. If any compliance issues with the culverts occur, DWR may
require DOT to submit a modification of this culvert design. [I 5A NCAC 02H.0506(b)(2)]
2. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge
and entrap small animals. Matting should be secured in place by staples, stakes, or wherever
possible live stakes of native trees. Riparian areas are defined as an area that is adjacent to a
body of water. [ 15A NCAC 02B. 0211 ]
General Conditions
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 0213.0200]
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 (c)(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)]
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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) of the
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. [I 5A 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.
[15A NCAC 02H.0502(f)]
20. 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
0213.0231(a)(6)]
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21. 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)]
22. 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 comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
23. 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 Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
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 normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:OOam and 5:OOpm, except for official state holidays. The original and one
(1) copy of the 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 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: (919) 431-3000, Facsimile: (919) 431-3100
DocuSign Envelope ID: 0652AAA1-7352-4CE8-9DB5-616B4F06DEC4
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department 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 (910) 796-7306 or
joanne.steenhuis@ncdenr.gov.
Sincerely,
^DOCUSigned by:
9C9886312DCD474...
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, Environmental Supervisor, NC DOT Division 3
Cathy Brittingham, NC Division of Coastal Management
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
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