20110569 Ver 1_Approval Letter_20110721

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Beverly Eaves Perdue
Governor
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North Carolina Department of Emrronment and Natural P,esources
Division of NJater Quality
Coleen H. Sul!iris Dee Freeman
Director Secretzry
July 21, 2011
DNJQ# 11-0569
Catawba County
Dr. Gregory J. Thorpe
NC Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699-1598
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 390 linear feet (If) (298 If for stream relocation and 92 If for bank stabilization) and to temporarily impact
10 If (dewatering activities) of Hagan Creek and an unnamed tributary to Hagan Creek, perennial streams, as
described in your application received by the Division cf Water Quality (DWQ) on June 14, 2011. The location
of the project is State Road 1727 (Boggs Road) in Catawba County. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Numbers 3689, 3701, and 36II8.
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 application. If the property is sold, the new owner must be given a copy of This Certification and approJal
letter and is thereby responsible for complying with all conditions. If total wetland fills ivr 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). For this approval
to remain valid, you must adhere to the conditions listed in the attached certification and those listed below:
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 (1) foot for all
culverts with a diameter of 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 NCD'NJC~.
Mooresville Regional Office
Location: 610 East Cenfer Free., Suite 301 Mooresville, fJC 24115 ~1Oit~t
Phone: QC4) 663-16991 Fax: [phone] Customer Service: 1-877-67.3-6748 N Qj~17 Ca1.O j I II `el
internee Mtu;l~ortal.nedenr.oralereblev
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?age Two
2. Compensator, mitigation for 298 linear feet of Impact to streams is required. We undzrstand that you
have chosen to perform compensatory mitigation for impacts to streams through the Ncrth Carolina
Ecosystem Enhancement Program (EEP), and that the EEP has agrzed to implement the mitigation for
the project. EEP has indicated in a letter dated April 21, 2011, that they will assume responsibility for
satisfying the federal Clean Water P.ct con~ipensatorymitigeition requirements for the above-referenced
project, in accordance with the North Carolina Department of Environment and Natural Resources'
Ecosystem Enhancement Program In-Lieu Fee Instrument signed July 28, 2010.
3. Channel relocations shall be completed, stabilized and approved on site by DWQ staff, prior to diverting
water into the new channel. Riprap shall be embedded in the bottom of the relocated channel to allow .
for unimpeded low flow of water and aquatic passage. The outlet of the relocated channel shall
discharge into Hagan Creek at an angle and an elevation such that stream grid/or streambank
destabilization does not occur. Stream banks shall be matted with coir-fiber matting. Vegetation used
for bank stabilization shall be limited to native riparian vegetation and should include establishment of a
vegetated buffer on both sides of the relocated channel to the maximum extent practical. Once the
stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new
channel to prevent fish kills.
4. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers,-etc.) before entering the stream. Please refer to the most current version of
Stormwater Best Management Practices.
5. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.
6. No drill slurry or water that has been in contact with uncured_concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
7. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
8. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated Into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water.
9. Strict adherence to the most recent version of the 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.
10. The dimension, pastern 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.
11. 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 sha!I
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
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12. During the construction of the project:, no staging of equipment of any kind is permitted in wafers e'f the
U.S. or prctected riparian buffers.
13. The use of riprap above the normal high vdater mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in strean~i channels in such a manner that it does not impede aquatic life
passage.
14. 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.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
16. Temporary dewatering sites must be restored to pre-existing conditions unless more natural
geomorphic conditions can be provided.
17. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures frcm 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 flowing water.
18. -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.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
20. ,Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
21. A copy of this V~ater Quality Certification shall be posted on the construction site at all times. In
addition, the Wafer Quality Certification and all subsequent modifications, if any, shall be maintained
with the Division Engineer and the on-site project manager.
22. Native riparian vegetation must be re-established within the construction limits of the project by the end
of the growing season following completion of construction.
23. 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.
24. 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.

?age Four
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 piss associated with the project.
c. For borrow pit sites, the erosion and sedirnzni 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.
25. 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 wort: 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.
26. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
27. 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 othennrise authorized by this certification.
28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
29. 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.
30. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not.to contravene any
state water quality standard [including any req~.:irements for compliance wish section 303(dl 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 no5ce in
accordance with 15A NCAC 21-1.0503, 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.

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If you do not accept any of the conditions or this Certircaticn, ~ycu may ask for an adjudicatcry hearine. You
must act within 60 days of the date that you receive this letter. To ask for a hearng, send a written petition that
conforms to Chapter 1506 of 'the North Carolina General Statutes to the Of ice of Administrative Hearings, 6714
Mail Service Center, Raleigh, !~!.C. 27699-6714, This Certification and its conditions are final ancJ binding unless
you ask for a hearing.
This letter completes the review by the Division of Nlater Quality under Section 401 of the Clean NlaterAct. If
you have any questions, please telephone Polly Lespinasse in the P~!ooresville Regional Office at 704-663-1699.
Sincerely,
1~- -_.
forColeen H. Sullins
Attachments
cc: Liz Hair, USACE Asheville Field Office
Jason Dilday, NCDO'1 PDEP,
Trish Simon, NCDOT Division 12
Sonia Carrillo, DWQ Wetlands Unit
File Copy