401 Issuance 5.18.2022 BIMS20220563

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
STATE
ROY COOPER D
Governor } y `
ELIZABETH S.BISER ` s1 -
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 18,2022
DWR#20220563
Iredell County
Mr.Jeff Wyatt,Division Environmental Officer
NCDOT,Division 12
PO Box 47
Shelby,NC 28151
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NCDOT R-3883C,Brawley School Road Widening,Iredell County Catawba River Basin,Upper
Catawba,03050101,UT to Lake Norman
Dear Mr.Wyatt:
You have our approval for the impacts listed below for the purpose described in your application dated April 8,
2022,received by the Division of Water Resources(Division)April 8,2022 and payment received April 8,
2022. These impacts are covered by the attached Water Quality General Certification Number 4135 and the
conditions listed below. This certification is associated with the use of Regional General Permit
Number 201902350 once it is issued to you by the U.S.Army Corps of Engineers. 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.
The Division has determined that the proposed project will comply with water quality requirements provided that
you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved,including incidental impacts.
[15A NCAC 02H.0506(b)]
'erD 9-",)1
North Carolina Department of Environmental Quality Division of Water Resources
Irrlr 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
Stream Impacts in the Catawba River Basin
Site Steam Name Permanent Permanent Fill in Perennial Temporary Fill in Total Stream Stream
Fill in Stream(linear ft) Perennial Stream Impact Impacts
Intermittent (linear ft) (linear ft) Requiring
Stream Mitigation
(linear ft) (linear ft)
1 (channel SB 208 208
relocation)
2 (culvert SA 118 (94 feet culvert extension, 24(dewatering) 94
24 feet floodplain benches)
extension)
3 (utility& SC 146(channel change) 38 146
dewatering
impacts)
448
Total
Total Stream Impact for Project: 448 linear feet.
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Certification. If you change your project,you
must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below,you must notify the DWR Transportation
Permitting Branch within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Special Conditions:
1. This project has a known area where coal ash has been used as fill at the State Employees Credit Union on
the corner for Brawley School Road and Highway 21 with the potential for coal ash fill to be present in
other areas.Any coal ash encountered on this project should be handled per the extra instructions included
at the end of this permit;the same instructions that have been included in previously permitted projects
with know coal ash fill areas.
2. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting.[15A NCAC 02H.0506(b)(2)and(b)(3)J
3. The permittee shall use/Design Standards in Sensitive Watersheds/(15A NCAC 4B.0124[a]-[e])in areas
draining to Critical Area(CA)waters of Lake Norman/Catawba River.
D_E North lnp of iromt Quality I Resources9-1617 512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center RaleighDivision,NorthofWater Carolina 2769
NORTH CMOUNA
Department oramo me m!Dually 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
4. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT,including the applicable
requirements of the NCG010000. Please note the extra protections for the sensitive watersheds.
5. Compensatory mitigation for 448 linear feet of impact to streams is required. We understand that
you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Division of Mitigation Service(DMS) (formerly NCEEP),and that the DMS has agreed to
implement the mitigation for the project. The DMS has indicated in a letter dated December 9,2021
that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project,in accordance with the DMS Mitigation
Banking Instrument signed July 28,2010
6. Channel relocations shall be completed and stabilized,and approved on site by NCDWR staff,prior to
diverting water into the new channel. 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. Also,rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream,but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage
requested. 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.[15,4 NCAC 02H.0506(b)(321
7. Unless otherwise approved in this certification,placement of culverts and other structures in open waters
and streams,shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter 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 the NCDWR. 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. [15A NCAC
02H.0506(b)(2)]Justification:A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses, numeric criteria, narrative criteria
and the state's antidegradation policy), the Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
8. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or
outlet end of structures typically decreases water velocity causing sediment deposition that requires
increased maintenance and disrupts aquatic life passage.[15A NCAC 02H.0506(b)(2)]Justification:A
project that affects waters shall not be permitted unless the existing uses, and the water quality to protect
such uses, are protected. In determining that the proposed activity will comply with state water quality
standards(including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would
cause or contribute to a violation of standards or would result in secondary or cumulative impacts.
9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed.[15A NCAC 02H.0506(b)(2)1 Justification:A project that affects waters shall not be
permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining
that the proposed activity will comply with state water quality standards(including designated uses,
numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards or would result in secondary or cumulative impacts.
D_E - --4")
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
Department of Errelmnme.1 Dually 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
10. For the 85 linear feet of streams being impacted due to site dewatering activities,the site shall be graded to
its preconstruction contours and revegetated with appropriate native species.[15A NCAC 02H.0506(b)(2)J
Justification:A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards(including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
11. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks,as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)J Justification:A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses, numeric criteria, narrative criteria
and the state's antidegradation policy), the Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
General Conditions:
1. Unless otherwise approved in this certification,placement of culverts and other structures in open
waters and streams shall be placed below the elevation of the streambed by one foot for all
culverts with a diameter 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 downstream of the above structures. The
applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction,please contact NCDWR for guidance on how to
proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]Justification:A project that affects waters shall not be permitted unless the
existing uses, and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated uses,
numeric criteria, narrative criteria and the state's antidegradation policy), the Division must
evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute
to a violation of standards or would result in secondary or cumulative impacts.
2. 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. [15A NCAC 02B.0200] Justification:Surface water quality
standards require that conditions of waters be suitable for all best uses (including aquatic life
propagation, survival, and maintenance of biological integrity)provided for in state rule and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
3. 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. [15A NCAC 02H.0506(b)(2)]Justification:A project
that affects waters shall not be permitted unless the existing uses, and the water quality to protect
such uses, are protected. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's
D_E C ?")
North lnp of iromt Quality I Resources9-1617 512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center RaleighDivision NorthofWater Carolina 2769
NORTH CAROUNA
Department of Emlmemema1 Waal 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
4. 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. [15A NCAC 02H.0506(b)(2)1 Justification:A project that affects waters shall not be
permitted unless the existing uses, and the water quality to protect such uses, are protected. In
determining that the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the
Division must evaluate if the activity has avoided and minimized impacts to waters, would cause
or contribute to a violation of standards or would result in secondary or cumulative impacts.
5. 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. [15A NCAC 02H.0506(b)(2)]Justification:A project that affects
waters shall not be permitted unless the existing uses, and the water quality to protect such uses,
are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H.0507(c) and 15A NCAC 02H.0506(b)(2)
and(c)(2)1 Justification:A project that affects waters shall not be permitted unless the existing
uses, and the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
7. 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 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. [15A NCAC 02H.0506(b)(3) and(c)(3)]Justification:A
project that affects waters shall not be permitted unless the existing uses, and the water quality to
protect such uses, are protected. In determining that the proposed activity will comply with state
water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
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. [15A
NCAC 02H.0506(b)(3)]Justification:A project that affects waters shall not be permitted unless
the existing uses, and the water quality to protect such uses, are protected. In determining that
the proposed activity will comply with state water quality standards (including designated uses,
numeric criteria, narrative criteria and the state's antidegradation policy), the Division must
evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute
to a violation of standards or would result in secondary or cumulative impacts.
D_E C j North lnp of iromt Quality I Resources9-1617 512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center RaleighDivision NorthofWater Carolina 2769
NORTH CAROUNA
DeparbnentofEmlmemema10uall 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
9. 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. [15A NCAC 02H.0506(b)(3)]Justification:A project that affects waters
shall not be permitted unless the existing uses, and the water quality to protect such uses, are
protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification. [15A NCAC 02H.0506(b)(3)]Justification:A project that affects
waters shall not be permitted unless the existing uses, and the water quality to protect such uses,
are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]Justification:A project that
affects waters shall not be permitted unless the existing uses, and the water quality to protect
such uses, are protected. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
12. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes,or rules occur. [15A NCAC 02H.0506(b)(3) and(c)(3)and 15A
NCAC 02B.02001 Justification:A project that affects waters shall not be permitted unless the
existing uses, and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated uses,
numeric criteria, narrative criteria and the state's antidegradation policy), the Division must
evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute
to a violation of standards or would result in secondary or cumulative impacts.
13. Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the NCDOT
Sediment and Erosion Control Manual.
14. All devices shall be maintained on all construction sites,borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
D_E - North Carolina DepartmentStreet1 of
1617 EnMvironmentalil Quality I RaleighDivisionNorth of Water Carolina Resources
512 North Salisbury a Service Center , 27699-1617
NORTH CMOLINA
Down or ammnmemai Dually 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
15. For borrow pit sites,the erosion and sediment control measures shall be designed,installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs), SA,
WS-I,WS-II, High Quality Waters(HQW),or Outstanding Resource Waters (ORW),then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124,Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and
(c)(3); GC 4135]Justification: Surface water quality standards require that conditions of waters
be suitable for all best uses provided for in state rule(including, at minimum: aquatic life
propagation, survival, and maintenance of biological integrity, wildlife, secondary contact
recreation, agriculture ...more depending on classification); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
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. [15A NCAC 02B.0200]Justification: Surface water quality standards
require that conditions of waters be suitable for all best uses (including aquatic life propagation,
survival, and maintenance of biological integrity)provided for in state rule and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis.
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,unless
otherwise authorized by this certification.[15A NCAC 02H.0506(b)(2)]Justification:A project
that affects waters shall not be permitted unless the existing uses, and the water quality to protect
such uses, are protected. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
19. 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. [15A NCAC 02H
.0507(c) and 15A NCAC 02H.0506(b)(2) and(c)(2)]
20. The outside buffer,wetland or water boundary located within the construction corridor approved
by this authorization, including all non-commercial borrow and waste sites associated with the
project, 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.[15A NCAC 02H.0501 and.0502]
21. The issuance of this certification does not exempt the Permittee from complying with any and all
statutes,rules,regulations, or ordinances that may be imposed by other government agencies(i.e.
local, state, and federal)having jurisdiction,including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
D_E C ?")
North lnp of iromt Quality I Resources9-1617 512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center RaleighDivision NorthofWater Carolina 2769
NORTH CAROUNA
DeparbnentofEmlmemema10uall 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
22. The Permittee shall report any violations of this certification to the Division of Water Resources
within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)J
23. Upon completion of the project(including any impacts at associated borrow or waste sites),the
NCDOT Division Engineer 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. [15A NCAC 02H.0502(f)]
24. 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. [15A NCAC
02H.0506(b)(3)and(c)(3)J
25. 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[15A NCAC 02H.0506(b)(3)
and(c)(3)J:
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.
26. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or
within 5 feet of the top of bank,without prior approval from DWR. [15A NCAC 02H.0506(b)(3)
and(c)(3)J
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters,including wetlands,
as described in 33 Code of Federal Regulations (CFR)Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of$25,000.00 per day for each violation.
D_E - North Carolina DepartmentStreet1 of
1617 EnMvironmentalil Quality I RaleighDivisionNorth of Water Carolina Resources
512 North Salisbury a Service Center , 27699-1617
NORTH CM CU A
Down or f,mmnme.1 Dually 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of
Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-
3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Donna Hood at 704-235-2193 or [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
0.14A1 connz 1\,
S 12474.
Richar oDCDgers,Jr.,Director
Division of Water Resources
cc: Eric Alsmeyer,USACE Raleigh Regulatory Field Office(via email)
Brandy Costner,NC Division of Water Resources Mooresville Regional Office
Andrew Pitner,NC Division of Water Resources Mooresville Regional Office
Lauren Wilson,US Fish and Wildlife Service
Dave McHenry,NC Wildlife Resources Commission
Beth Harmon,Division of Mitigation Services
Donna Hood,NC Division of Water Resources Mooresville Regional Office
File Copy
D North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
NORTH CAFIOUNA
Department of EnvIronmanlalChanty 919.707.9000

DocuSign Envelope ID:4DA692CB-69CE-4161-9F3A-288CBAC22981
Guidelines for DOT when Encountering Coal Ash Material
NCDOT should immediately notify Regional DWR staff when coal ash material is encountered.
The following information should be documented regarding coal ash material encountered and
provided to appropriate DWR staff:
• Date/Time coal ash material was encountered.
• Exact location(s) (latitude/longitude),as well as, dimensions of area coal ash material was
encountered.
• Total amount of coal ash material removed.
• Documentation of proper disposal of coal ash material.
• Type and volume of fill material used to backfill excavated area.
The following precautions should be taken and properly addressed by NCDOT when coal ash is
encountered:
• When excavating coal ash material,it would be best to reduce the amount of time the
excavation stays open to mitigate exposure to both personnel and stormwater.
• If coal ash material is staged for any amount of time once removed from the excavation,it
should be properly staged using best management practices. Coal ash material should be
staged on plastic and kept covered to eliminate the potential for the material to become
airborne due to wind,as well as,runoff due to wet weather. Other BMPs should be utilized
as needed (i.e.,wattles, silt fencing, etc.).
• Contact stormwater should be properly managed. Steps should be taken to reduce and/or
eliminate the potential for contact stormwater. If contact stormwater is present,then it
should be properly handled and disposed of.
• Proper PPE should be utilized by personnel who may come in contact with coal ash material
(this should be covered under NCDOTs health and safety plan).
• Stormwater piping should not be routed through ash fill areas. Nor should stormwater
drainage features such as swales, ditches,etc. Should piping have to be placed near ash,
non-reactive piping material such as HDPE should be utilized.
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512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
OU NORTH CARNA
Department or a l Chanty 919.707.9000