20150079 Ver 1_Approval Letter_20150513

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 13, 2015
Mr. Larry Thompson, PWS, LSS
Division l0 Environmental Officer
North Carolina Department of Transportation
716 W Main St.
Albemarle, NC 28001
Donald van der Vaart
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed impravements to Windy Road (SR 1442) and the
replacement of Bridge No. 12 over Emerson Branch in Cabarrus County, State Project No. 17BP.10.R.53
NCDWR Project No. 20150079v 1
Dear Mr. Thompson:
Attached hereto is a copy of Certification No. 004019 issued to The North Carolina Department of Transportation
(NCDOT) dated May 13, 2015.
[f we can be of further assistance, do not hesitate to contact us. �
Sincerely,
��
S. Jay Zimmerman, Di ector
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Marella Buncick, US Fish and Wildlife Service ,
Marla Chambers, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Natural Environment Section
Ginny Baker, NCDWR Central Office ,
File Copy
1617 Mail Seroice Cenler, Raleigh, North Carolina 27699-1617
Phone: [phone] Internel: www.nctlenr,gov
An Equal Opporfunily 1 AKrmative Action Employer

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDI'TIONAL
CONDITIONS
THIS CERTIFiCATI01�1 is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-
217 ofthe United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in l5
NCAC 2H .0500. This certification authorizes the NCDOT to impact 503 linear feet of jurisdictional streams in
Cabarrus County. The project shall be constructed pursuant to the application dated received January 21, 2015. The
authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin
Permanent Fill in Temporary Fill in Relocation of Total Stream Stream Impacts
Site Perennial Stream Perennial Stream Perennial Stream Impact Iiequiring N6tigation
inear ft inear ft linear ft inear feet inear ft
I -- -- 363 363 0
2 97 43 -- ] 40 0
Total: 97 43 363 503 0
'I'otal Stream 6mpact: 503 9inear feet
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received January
21, 2015. Should your project change, you are required to notify the NCDWR and submit a new application. Ifthe
property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
rzsponsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 150 linear.feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are
required to comply with ali the conditions listed below. In addition, you shouid obtain ali other federal, state or local
permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same day
as the expiration date of the corresponding Corps of Engineers Permit. �
Condetions of Certi�c�tio�:
Project Speci�c Conditions
1. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)]
2. The permittee shall use /Design Standards in Sensitive Watersheds ( I SA NCAC 4B.0124[a]-[e]) in areas
draining to WS-I[; HQW waters. However, due to the size of the project, the NCDOT shall not be required
to meet l5A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover
(wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil
within I S business days of ground disturbing activities to provide erosion control.
3. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds. [ I SA NCAC
02B.0224 and 0225]
4. For projects impacting waters classified by the NC Environmental Managemen[ Camrnission as High
Quality Waters (HQW) or Water Supply II (WSII) stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff
prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
[l5A NCAC 02B.0224 and 0225]

Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. For the
establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose
based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in
conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose
mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top
of stream bank. [ 1 SA NCAC 02B.0224 and 0225]
6. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and
entrap small animals. �
All channel relocations will be constructed in a dry work area and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by NCDWR
staff prior to diverting water into the new channel. Vegetation used for bank stabilization shall be limited to
native woody tree and shrub species, and should include establishment of a 50 foot wide wooded buffer on
both sides of the relocated channel to the maximum extent practical. Only shrub species should be planted
within utility easements. All stream banks shall be matted with coir fiber matting. 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. [15A NCAC 02H .0506(b)(3)]
8. The permittee shall visually monitor the vegetative plantings and channel stability. The monitoring shall be
conducted annually for a minimum of 5 years after final planting. At the end of the rrionitoring period,
woody stems shall have a density of no less than 260 stems/acre. The channei shall have a stable profile,
dimension, and pattern and minimum oftwo documented bankfull events occurring within different
monitoring years as described in the Stream Mitigation Cuidelines(Apri12003) . Photo documentation shall
be utilized to documer.t the success of the riparian vegetation and stream sfa�ility and be submitted to the
NCDWR in a report within sixty (60) days after completing menitoring. After 5 years the NrDOT shall
contact the NCDWR to schedule a site visit to "close ouY' the mitigation site. [15A NCAC 02H .0506(b)(3)]
9. All rock used to construct the rock step-downs (constructed riffles) shall be of appropriate size, new (not
recycled), and free of any contaminants. [ 15A NCAC 02H.0506(b)(2)]
General Conditions
10. 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 thaf 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 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)]
1 1. 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] �
12. 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 naturai geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
13. 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)]. `

14. 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)]
15. 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)]
16. 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)]
17. 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)]
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.
[15A NCAC 02H.0506(b)(3)] �
19. 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)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
21. 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]
22. 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. [15A NCAC
02H.0501 and .0502]
23. 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.
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 [i5A NCAC 02H.0506(b)(3) and (c)(3):
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. ,
25. Native riparian vegetation 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. [15A NCAC 02B.0506(b)(2)]

26. 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) "
27. Sediment and erosion control measures shall not be placed in wetlands or waters unless(otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)
28. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [n addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager. [l5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
29. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ 1 SA NCAC 02B.0506(b)(2)]
30. 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(fl]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions
of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration
of the 404 or CAMA permit.
[f 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. Th�e oribinal and one (1) copy ofthe 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 Administrativ.e Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (9l9)-431-3000, Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 13th day of May 2015
DIVIS[ON OF WATER RESOURCES
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S. Jay Zimmerman, Director
Division of Water Resources
WQC No. 004019

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NCDENR
North Carolina Department of Environment and Naturai Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 40l Water Quality Certification:
County:
Donald van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applieant's Certification
�, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer �Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
(, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certifieation
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Butifer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmative Aclion Employer