20130871 Ver 1_Approval Letter_20130903

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
Mr. Garland Haywood, Division Engineer
NCDOT Division 10
716 West Main St.
Albemarle, NC 28001
John E. Skvarla, III
Secretary
September 3, 2013
Anson County
NCDWR Project No. 13 -0871
Bridge #387 on SR 1241
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Duncan Rd., Shaw Creek
Dear Mr. Haywood:
You have our approval, in accordance with the conditions listed below, for the proposed impacts at the subject site
in Anson County:
Stream Impacts in the Yadkin -Pee Dee River Basin
Site
Permanent
Permanent Impact
Temporary Impact
Total Stream
Stream
Impact in
Perennial Stream
Perennial Stream
Impact
Impacts
Intermitte
(linear ft)
(linear ft)
(linear ft)
Requiring
nt Stream
Mitigation
linear ft
linear ft
1
0
43
40
83
0
1
0
0
37
37
0
Dewater
0
43
77
120
0
Total
The project shall be constructed in accordance with your application dated /received August 19, 2013. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the 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.
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. For this approval to remain valid, you must adhere to the conditions listed in the attached
certification(s) and any additional conditions listed below.
1. Class I1 rip shall be utilized in place of Class I on the flood plain benches.
Transportation and Permitting Unit
1650 Mail Service Center. Raleigh. North Carolina 27699 -1650
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone. [phone] FAX: [phone]
Internet www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina

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2. The constructed flood plain bench shall be constructed of soil (it is being created by cutting into existing
compacted soil from the stream bank). Heavy matting shall be utilized on the surface. If needed, coir fiber
logs or a similar measure can be used to stabilize along the soil/water interface.
3. The temporay culverts shall be removed immediately upon completion of the project and the stream
returned to its pre- existing dimensions.
4. Diversion ditches and similar measures as well as the inside wall of the sediment basin shall be matted.
5. 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 downstream of the above structures: The applicant is required to provide
evidence that the equilibrium is being maintained if requested in writing by the NCDWR. The dimension,
pattern and profile of the stream above and below the crossing shall not be modified except as approved by
this Certification. Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
6. 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.
7. 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.
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
9. 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.
10. 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.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
12. 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.
13. 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.
14. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
15. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or authorized agent 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.
16. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) 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.

17. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
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
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 Alan Johnson at 704 - 663 -1699 or alan.johnson @ncdenr.gov
Sincerely,
Thomas A. Reeder
cc: Larry Thompson, Division 10 Environmental Officer
Steve Kichefski, US Army Corps of Engineers, Asheville
Sonia Carrillo, Wetland Transportation Unit
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