20130937 Ver 1_Approval Letter_20130903

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AVia
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla. III
Governor Director Secretary
September 9, 2013
Union County
NCDWR Project No. 13 -0937
Bridge No. 95
WBS 1713P.10.R.37
Mr. Larry Thompson
Division 10, NCDOT
716 W. Main Street
Albemarle, NC 28001
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Thompson:
You have.our approval, in accordance with the conditions listed below, for the following impacts at the subject site
located on Russell Pope Rd. (SR 1947) in Union County:
Stream Im acts in the Yadkin River Basin
Site
Permanent
Temporary
Total
Stream Impacts
Impact
Impact
Stream
Requiring
Perennial Stream
Perennial
Impact
Mitigation
linear ft)
Stream linear ft
(linear ft )
(linear ft)
1
66
0
0
0
66
0
0
0
Total
The project shall be constructed in accordance with your application dated /received September 3, 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.
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. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
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.
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, 919 - 807 -6492
Internet www,ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina

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2. The floodplain bench shall be constructed of natural material (soil) and matted with heavy duty matting. The
toes slope of the bench may be reinforced with coir logs.
3. Stream base flow shall be directed through a single culvert.
4. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
5. 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.
6. 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.
7. 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.
8. 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. In addition the 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. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
11. 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.
12. 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.
13. 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.
14. 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
15. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
16. 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.

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17. 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.
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 S: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,
ell,
�¢N Thomas A. Reeder
Attachment
cc: Steve Kichefski, US Army Corps of Engineers, Asheville (electronic copy only)
-Sonia Carrillo, Wetlands Transportation
File Copy