20100020 Ver 1_Approval Letter_20100115

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AC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
(;nvarnnr
Division of Water Quality
Coleen H. Sullins
niranfnr
Dee Freeman
Secretary
January 15, 2010
DWQ# 10-0020
Lincoln County
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact a total of 31 linear feet and temporarily impact a total of 40 linear feet of streams as listed in the
table below:

Pe
mit Sit
`N m Nam
St
e
" ,Len 'th'iof Stream lm act T e of Im act;
r
e
o r
a
e , :
Site #1 A Unnamed tributary 20 linear feet - Temporary impacts,for cofferdam bypass
to Lick Run Creek. _pumping..
Site #2 2" Unnamed tributary 31 linear feet _ Permanent impacts for culvert extension (1
to Lick Run Creek linear foot) and rock ladder/scour protection
30 linear feet
Site #2 2" Unnamed tributary 20 linear feet Temporary impacts for cofferdam bypass
to Lick Run Creek pumping
The impacts will be for the purpose of replacing existing, deteriorating culverts as described in your application
received by the Division of Water Quality (DWQ) on January 13, 2010. The location of the project is State
Road 1442 (Brookwood Road) in Lincoln County. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3704. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required by (but
not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This
approval will expire with the associated 404 permit unless otherwise specified in the Water Quality
Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below).. Should your project change; you must notify the DWQ in writing and you may,be'required-to submit a
new aplcation_ If the property is, told,, the new owner must be given a copy of this Certification and approval
letteitana-is'tfiereby responsibld for complyingrwith all -cori'ditloris:- If total wetland fills for this project (now or in
the.future).exceed one.acre,.or if 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).
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1.877t623-6748
Internet: him Hportal.ncdenr.orglweblvi
An Equal Opportunity V Affirmative Action Employer - 50% Recyc!c-0110 % Post consumer paper
NorthCarolina
Naturullil
Mr. Mike Holder, P.E.
Page Two
For this approval to remain valid, you must adhere to the conditions listed in the attached certification and
those listed below:
Due to the existing conditions at both permit sites as described in the application. NCDWQ will not require the
burial of the culvert-in.the streambed at these locations. However, design and placement of the-culvert and
other structures shall be in such a manner that the original stream profile is not altered•(i.e., the-depth of the
channel must not be reduced by a widening of the streambed). Existing stream dimensions (including pattern
and profile) are to be maintained above and below the location of each culvert. The structure shall be
designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the
stream. The applicant may be required to provide evidence that the equilibrium has been maintained, if
requested in writing by NCDWQ
2. A representative from the North Carolina Department of Transportation (NCDOT) environmental staff
shall be present on site during the construction of the proposed rock ladder at Permit Site 2.
3. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
4. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
. sedimentation and reduce the introduction of other pollutants into the stream.
5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
6. Temporary dewatering sites must-be restored, to pre existing conditions unless more.natural,geomorphic
conditions can be provided.
7. 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.
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 the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
lowmg:wa er. .. _ :, ...
9. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed fioodplains and streams should be restored to natural geomorphic conditions.
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.
11. All fill slopes located in jurisdictional wetlands shall be placed at slopes,no flatter.than 3:1, unless otherwise
authorized by this certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to.
surface waters is prohibited.
Mr. Mike Holder, P.E.
Page Three
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.
r.
14. Native`ripariamvegetation must be7e-established wifhin'tlie construction limits of-the;project by th`elehd'-of the
growing 'season following completion of construction.' - ? - '' ? ?''=•
15. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
16. 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 acc6rdah'4with the mostlrecent Jersionrof the''North-Caro/ina?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.
17. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with. this
Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it
is a direct impact from road construction activities.
18. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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.. :..
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery. r,, r--
Mr. Mike Holder, P.E.
Page Four
21. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been
completed. Please include photographs upstream and downstream of the structure to document correct
installation.
22. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 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 to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify
NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to NCDOT in writing, shall be provided.to the USACE for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for 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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-
1699.
Sincerely,
l Cf , 6 V--
for Coleen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Carrillo, DWQ Wetlands Unit
File Copy