20081051 Ver 1_Approval Letter_20080715

~QF W A T~nQ Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
I- North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
July 15, 2008
DWQ# 08-1051
Gaston County
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151

APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:

You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 20
linear feet (If) (inlet and outlet stabilization and floodplain bench construction) and to temporarily impact 30 If
(cofferdams) of an unnamed tributary to South Fork Catawba River, a perennial stream, as described in your
application received by the Division of Water Quality (DWQ) on July 3, 2008. The location of the project is State Road
3211 (Eastwood Drive) in Gaston County. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Numbers 3704. 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. This approval will expire with the
associated 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre,
or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval to remain valid, you must adhere to the conditions
listed in the attached certification and those listed below:
1. Placement of culverts and" other structures in waters, streams and wetlands must be below the elevation of the
streambed by one (1) 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 for low flow passage of water and aquatic life,
as well as prevent headcutting of the streams. If bedrock is encountered during culvert installation, DWQ will
not require the burial of the culvert in this location. The design and placement of culverts and other structures
including temporary erosion control measures shall be installed in such a manner that the original stream profiles are
not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed). Existing stream
dimensions (including pattern and profile) are to be maintained above and below locations of each culvert. The
applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by the
DWQ.
2. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
2. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
3. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.

Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] 610 East Center Avenue, Suite 301 N hCarolina
Mooresville, NC 28115 Mooresville, North Carolina mra!!J
Internet: www.newatergualitv.ora Customer Service 1-877-623-6748

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Mr. Mike Holder, P.E.
Page Two

4. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided.
5. If concrete is used during construction, a dry-work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.

6. 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.
7. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
8. 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.

9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.

10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
11. A copy of this Water Quality Certification shall be posted 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.
12. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.

13. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within 30 days after the Division of Land Resources has released the project.
14. 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:

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.

` Mr. Mike Holder, P.E.
Page Three

15. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not excavate, fill
or perform mechanized land clearing at any time in the construction or maintenance of this project within waters
and/or wetlands, except as authorized by this Certification, or any modification to this Certification (e.g., no work shall
occur outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal
into jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs,
compensatory mitigation may be required since it is a direct impact from road construction activities.
16. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please include
photographs upstream and downstream of the structure to document correct installation.
17. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state water
quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any
other appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to
include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A
NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the
USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699.
Sincerely,

'7~forColeen H. Sullins

Attachments

cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy