20150591 Ver 1_Approval Letter_20150622

Pat McCrory
Governor
Q��w
NCDENR
North Carolina Department of Environment and Natural Resources
Donald R, van der Vaart
Secrefary
June 22,2015
Alexander County
NCD W R Proj ect No. 20150591 v. I
Bridge No. 79 on SR 1328
State Project No. 17BPJ2.R.103
APPROVAL of 401 WATER QOALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr, Reuben Chandler, P.E.
NCDOT, Division 12
1710 East Marion Street
Shelby,NC 28ISI
Dear Mr. Chandler:
You have our approval, in accordance with [he conditions listed below, for [he following impac[s for the purpose of
replacing Bridge No. 79 on SR 1328 (Kirby Lackey Road) over Grassy Creek in Alexander Counry:
Stream Imoacts in the Catawba River Basin
Permanent Fill in Tempornry FSII in Total S[ream Stream lmpcicts
Sife Perennial Strenm Perennial Stream Imry�ct Requiring Mitigation
� TOTAL I �22 I � I
Total Stream Impact for Project: 122 linear feet.
Res[ored Natural
Perennial Stream
130
130
The project shall be cons[ructed in accordance with your application dated received June 16, 2015. After reviewing
your application, we have decided tha[ these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to [he Nationwide Perinit 14 issued by d�e Corps of Engineers. In addition,
you should acquire any other federal, state or local permits before you p�roceed wi[h your project ineluding (but not
limited ro) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permi[.
This approval is valid solely for the pu�pose and design described in your application (unless modified below).
Should your projec[ change, you mus[ notify [he NCDW R 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
wiCh all Ihe conditions. If total wetland fills for this project (now or in the futm�e) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Con�ition(s) of Certification:
I. The post-constmction removal of any tetnporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)]
1617 Mail Service Cen�er, Raleigh, Norlh Carolina 27699-1617
Phone:[phone]\ InterneC www,ncdenr.gov
An F.qual OpPOr�unify 1 Affrtmafive Aclion Employer

2. As a condition of this 401 Water Quality CertiScation, 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)]
3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most current version of Smrmwater Best
Managemen[ Practices. [ I SA NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5)]
4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3)
6. A turbidity curtain will be installed in the stream if driving or drilling activities ocwr within the stream
channel, on the stream bank, or within 5 feet of the top of bank This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
7. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work condi[ions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged in[o position. Under no
cirwmstances should barges be dragged abng the bottom of the surface water. [ I SA NCAC 02H
0506(b)(3)
General Conditions
8. 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 inadvertentty contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[ I SA NCAC 02B.0200]
9. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected ripazian buffers. [15A NCAC 02H.0506(b)(2)]
10. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Dis[urbed floodplains and streams shall be restored to natural geomorphic conditions. [ISA NCAC
02H.0506(b)(2)]
1 L 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)]
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most curren[ 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)]
14. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce [he introduction of other pollutants into the stream. [ 15A NCAC 02H.0506(b)(3)]
15. 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. [ I SA
NCAC 02H.0506(b)(3)]

16. 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)]
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited [15A NCAC 02H.0506(b)(3)]
18. 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 02BA200]
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. [ISA NCAC 02H .0507(c) and l5A NCAC 02H .0506
(b)(2) and (c)(2)]
20. The outside buffer, wedand 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 certificatioa [l5A 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, stormwa[er management
rules, soil erosion and sedimentation control requirements, etc.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ I SA NCAC 02B.0506(b)(2)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [ISA NCAC 02H.0502(fl]
24. Native riparian vegetation must be reestablished in the riparian areas within the construc[ion limits of the
project by the end of the growing season following completion of construction. [ ISA NCAC 02B.0506(b)(2)]
25. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or wa[ers associated with
[his 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 tha[ is a direct
impact from road construction activities.[ I SA NCAC 02H.0506(b)(3) and (c)(3)]
26. 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 [ISA 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 mos[ recent version of the Nor�h Carolina Sediment nnd
Erosion Control Planning and Desrgn Manua/.
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 Man:ral. 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 Cnrolrna
S:mface Mining Manual.
d. The reclama[ion measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollu[ion Conhol Act.

27. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certificatioa [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 oftice of Administrative Hearings during normal oftice 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 pe[ition 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: [phone], 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 Environmen[ 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 David Wainwright at [phone] or David. [e-mail].
Sincerely,
��.
S. Ja Zi merma , P.G.
Director, Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division 12 Environmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant
Project IVame:
Date of Issnance of 401 Water Quality Certification:
Co�mty:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable But7er 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 remrned to NCDWR by the applicant, the applicant's authorized agent, or [he project engineer. It is not
necessary to send certificates from all of these.
ApplicmN's Certifrcnlio�i
[, , hereby state [hat, to the best of my abilities, due care and diligence
was used in the observation of Ihe construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and l3uffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Cerfifrcnlion
I, , 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
specifica[ions, and other supporting materials.
Signature:
Engineer's Cerlif[c�lion
Partial Final
I, , as a duly regis[ered Professional Engineer in the S[ate 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 �he observation of the
construction such that the eonstruction was obse�ved to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifleations, and other supporting materials.
Signature
Da[e
Registration No.
1617 Mail Service Cenler, Raleigh, Nor�h Carolina 27699-1617
Phone: [phone] \ Internet: www.ncdencgov
An Equal OpOOdunity 1 AKrmative Aclion Employer