20080999 Ver 1_Approval Letter_20080826

O?0 ?WAT,!?9pG
Michael F Easley Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
August 26, 2008
DWQ# 08-0999
Iredell County
Dr Gregory J Thorpe, PhD , Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mall Service Center
Raleigh, North Carolina, 27699-1548
SUBJECT Approval of 401 Water Quality Certification with Additional Conditions for the Proposed
Widening of Brawley School Road and New Interchange with 1-77 from State Road (SR)
1109 to Just East of 1-77, TIP No R-38336, State Project No 8.1823301, Iredell County
Dear Dr Thorpe
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact a total of 799 linear feet of streams and temporarily impact a total of 204 linear feet of
streams as listed in the table below

Permit Site,
Stream Name' -Al
,Stream
Length of Impact m
- yType,& ,_
- ?-Amount of

Number - t.
-T
ype _

_Imear feet' I

;r; Im act" ? ,

sMiti "anon Re wired
140 If (20 If for culvert 70 If for culvert
Site #1 Unnamed Tributary Perennial extension, 50 If for bank Permanent extension and bank
to Catawba River stabilization and 70 for stabilization
flood lain bench construction
Site #1 Unnamed Tributary
to Catawba River Perennial 14 If Temporary NA
15 Unnamed
Site #2 Tributary to Perennial 252 If (135 If for new culvert, Permanent 252 If
Catawba River 117 If for bank stabilization
15 Unnamed
Site #2 Tributary to Perennial 85 If Temporary NA
Catawba River
2n Unnamed
Site #2 Tributary to Perennial 65 If (stream relocation into Permanent 65 If
Catawba River ditch
Site #3 Unnamed Tributary Perennial 65 If (culvert extension) Permanent 65 If
to Catawba River
Unnamed Tributary
Site #3 to Catawba River Perennial 30 If Temporary NA
Unnamed Tributary
Site #4 to Catawba River Perennial 78 If culvert extension Permanent 78 If
Unnamed Tributary
Site #4 to Catawba River Perennial 75 If Temporary NA
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
Noce hCarolma
Naturally
Internet WWWHOAAtUguAlrtvor e Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Dr Gregory J Thorpe, PhD , Manager
Page Two
Table continued.
Permit Site - _-` Stream Name ' Stream _-Length of Impact in - Type'of
Number Type-- linear feet" 1 Impact - Mitigation Required
Site #5 Unnamed Tributary Perennial 25 If (bank stabilization) Permanent 25 If
to Catawba River
Unnamed Tributary
Site #6 to Catawba River Perennial 174 If Permanent 174 If
Total Permanent Impacts 799 linear feet Total Permanent Impacts Requiring Mitigation 729 linear feet
Riparian Buffer Impacts Requiring Mitigation
4ds _ ° ' -
?
`
"
Permit` Zone 1 -;' Minus Zone I-Buffer
Zone
2 _ in
ii -Zone 1 Buffer„,,-,
_
5SA6 -
'
Impacts in- -
-
Wetlands m
° Mitigation -= Impacts in
n
Wetlands in;, _
i4 Mitigation's : m
-Number square feet- "'Zone 1,m _ w Requrred
? square feet , `_._Z6`ne_2 m, _";';, Required
- - - (sq ft) t- '
square feet _ Length of Impact w"(sq ft)- -square feetw `Length of Impact
- s ft iisin J s2.1 ratio s _ ft _ usm ' 15 1, ratio
Site #2 16,921 s ft 0 33,842 s ft 9,143 0 13,714 5 s ft
Total Buffer Impact for Project 26,064 square feet
The above impacts reflect those described in your application received by the Division of Water Quality
(DWQ) on June 23, 2008 and additional information received August 14, 2008 After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Numbers
3688, 3689 and 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
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 49 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 to prevent headcutting of the stream 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)
Dr Gregory J Thorpe, PhD , Manager
Page Three
Existing stream dimensions (including pattern and profile) are to be maintained above and below each
culvert The applicant may be required to provide evidence that the equilibrium has been maintained, if
requested in writing by the DWQ
2 Two (2) hazardous spill basins must be constructed (as depicted on the plans) and maintained in order to
protect the water supply
3 A floodplain bench must be constructed at Permit Site #1 as depicted on Permit Drawing Sheet 5
4 The unnamed tributary at Permit Site #2 must be tied into the proposed ditch as depicted on Permit
Drawing Sheet 5, Replacement
5 Stockpiled, excavated bed material is to be placed at the inlet of the culvert at Permit Site #4 in order to
alleviate the proposed perched pipe condition at the inlet extension Bed material shall be placed at the
inlet so as not to impede aquatic life passage
6 The use of nprap 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
7 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
8 No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification
9 Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided
10 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
11 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
12 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
13 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
14 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless
otherwise authorized by this certification
Dr Gregory J Thorpe, PhD , Manager
Page Four
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
16 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
17 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
18 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
19 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
20 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
21 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
22 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
Dr Gregory J Thorpe, PhD , Manager
Page Five
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,
1 ?:'
for Coleen H Sullins
Attachments
cc Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy