20081652 Ver 1_Approval Letter_20081110

Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
November 10, 2008
DWQ# 08-1652
Gaston 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 16
linear feet (If) (6 If for culvert extension and 10 If for inlet and outlet stabilization) and to temporarily impact 10 If
(cofferdams) of an unnamed tributary to Little Long Creek, an intermittent stream, as described in your application
received by the Division of Water Quality (DWQ) on November 3, 2008 The location of the project is State Road 1660
(Mortiz Road) in Gaston County After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Numbers 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 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 conditions 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) For this approval to remain valid, you must adhere to the conditions
listed in the attached certification and those listed below
Due to an instream dam, located downstream of the proposed culvert replacement and outside of the project limits,
DWQ will not require the burial of the culvert in this location The design and placement of culverts and other
structures including temporary erosion control measures shall be installed in such a manner that the original stream
profiles are 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 locations of each culvert
The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing
by the DWQ
2 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
2 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
3 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
4 Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 No hCarolina
Mooresville, NC 28115 Mooresville, North Carolina aturally
Internet www newaterguality or-. Customer Service 1-877-623-6748
Mr Mike Holder, P E
Page Two
5 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
6 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 flowing water
7 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
8 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
9 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited
11 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
12 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
13 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
14 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
15 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
Mr Mike Holder, P E
Page Two
16 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for
approval
17 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
18 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
19 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
20 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,
for Coleen H Sullins
Attachments
cc Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy
Water Quality Certification No 3704
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U S ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 14 (LINEAR TRANSPORTATION PROJECTS)
AND REGIONAL GENERAL PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE
CONSTRUCTION, MAINTENANCE OR REPAIR CONDUCTED BY NCDOT OR OTHER
GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3704 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section 0500 and 15A NCAC 2B
0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers
regulations (Nationwide Permit No 14 and Regional General Permit 198200031) and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B 0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth
Any proposed fill or modification of wetlands and/or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality (the
"Division") except for the single family lot exemption described below
Application and written approval is not required for construction of a driveway to a single family lot
as long as the driveway involves less than 25 feet of temporary and/or permanent stream channel
impacts, including any in-stream stabilization needed for the crossing This activity must meet all
of the Conditions of Certification listed below If any of these Conditions cannot be met, or if the
activity is associated with or in response to a Notice of Violation from the Division of
Water Quality or the NC Division of Land Resources, then written approval from the
Division is required
In accordance with North Carolina General Statute Section 143-215 3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher
of the two fees
Conditions of Certification
1 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold for
Use of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized in the written approval or beyond the
thresholds for use of this Certification, including incidental impacts All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur
2 Standard Erosion and Sediment Control Practices
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
Water Quality Certification No 3704