20170626 Ver 2_Approval Letter_20170802

ROY COOPER
a„i�rr,au�
MICHAEL S. REGAN
s,��,�ca�u-c
Environrncntal S JAY ZIMMERMAN
n���.-��m�
QUality
Au:ust 2, 2017
Union Coun[y
NCDWR Project No.20170626v.?
Pipes 189 on SRl 128
State Project No. 17BPI O.C.1
APPROVAL of 401 WATF.R QUALITY CCRTIFICATION, wi[h ADDITIONAL CONDITIONS
Mc Louis Mitchell, PC
Division En�ineer
NCDOT, Division 10
716 Wes[ Main Stmet
Albemarle, NC 28001
Dear Mr. Mi[chell:
You have our approval, in accordance wi[h the conditions lis[ed 6elow, for [he lollowing impacts replacing pipes
189 on McWhorter Road (SRI I?8) in Union Coun[}�:
Stream Impacts in the Ca[awba River Basin
Permanent FII Temporary F11 Permanen[ 1511 "Pemporary Fi�� ���atai Stream Stream Imrycts
Bank in Intermittent in Intermittent in Perennial in Perennial M �� Requiring
Site Stabilization S[ream Stream S[ream S[ream ���� ��� Mitigation
Qinear ft) Qinear ft) Qine�r ft) (Iinear ft) (linear ft)
SI llQ Z6 311 211
S'_ 19 19
S1 I' 7 19
0 0
TO'TAL 120 0 7 2G 211 2�19 0
Tu[al Stream Impacl for Project: 239 linear feet.
NC DWR Required MiliQa[ion: 0
USACG Required MitiQation: 0
Wetland Impac[s in the Catawba River Basin
Fi I I 7�otal Im�racts
Site Fill (ac) (temporarv) �"CCNYdG00 Mech�nized Hand y �
(ac) Clearing (ac) Clearing (ac) Wetland Re uirin
(ac) Im�ract(ac) Mifigafion(ac)
W I 0.01 0.01 U.00
W? 0.01 0.01 0.00
o.00 o.a�
n.�x� o.�x�
To��i o.oi o.00 0.00 0.00 o.oi o.oz o.00
Total Wetland Impac[ for Projec[: 0.02 acres.
Sta[e of Nonh Carolina I Gnvironmzmal Qualit}'
liil7 Mail Sercice Center I Raleigh. North Carolina D699-1617

The project shall be constructed in accordance with your application dated received July 21, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4085 and 4087. This certification corresponds to the Nationwide Permit 3 and Nationwide Permit 13 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR 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
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of 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(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. 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)
2. Turbidity curtains shall be used to isolate all work areas from the stream at Waxhaw Creek, including pile
or casement installation, placement of riprap, excavation or filling. Strict adherence to the Construction
and Maintenance Best Management Practices will be required. Sediment and Erosion Control 15A NCAC
02H .0506 (b)(3) and (c)(3)
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)]
4. 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)]
5. 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)]
6. For the 211 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)]
7. 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 strearri channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]

General Conditions
Unless otherwise approved in this ceRification, 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 swctures. The applicant is required to provide evidence that the
equilibrium is being main[ained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during conswction, please contact NCDWR for
guidance on how ro proceed and to determine whether or not a permit modification will be required.
[ I SA NCAC 02H.0506(bx2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent d'uect contact
between curing concrete and stream water. Water that inadvertently contacu uncured concrete shall
not be dischazged to sutface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [ 15A NCAC 02B.0200]
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)]
4. The dimension, pattem 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)]
5. The use of rip-rap above the Nortnal High Water Mark shall be minimized. Any rip-rnp placed For
stream stabiliTation shall be placed in stream channels in such a manner that it dces not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
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 I SA NCAC 02H .0506 (b)(2) and
(�)(Z)1
7. All work in or adjacent to stream waters shall be conducted in a dry work azea. 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 watec [15A NCAC 02H.0506(b)(3) and (cx3)]
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)]
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(bx3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [ISA NCAC 02H.0506(b)(3)]
ll. Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standazds (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 aze 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 certificatioa [15A NCAC 02B.0200]

13. 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)]
14. 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)]
15. 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]
16. 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.
17. 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)]
18. 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
o2x.oso2� fl�
19. 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.0231(a)(6)] �
20. 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)]
21. 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]):
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.
22. 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)]
23. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at
site of the turbidity curtain downstream of the work area, it shall be removed and the natural grade
restored upon completion ofthe project. [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 ofiice oF Administrative hearings. You must fiIe 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 s[ate holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be fa�ced-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 Oftice of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
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 Joanne Steenhuis at [phone] [e-mail].
Sincerely,
��
S. J immerm Director
Division of Water Resources
Electronic capy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division ] 0 Enviro�vnental Officer
Marella Buncick, US Fish and Wildlife Service
Mazla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy

Enviraimcnial
Qualr[y
NCDWR Project No.:
Applicant:
Project Name:
Da[e oT Issuance of 401 Water Quality Cer[ifica[ion:
County:
ROY COOPER
t;�„�«,«„�
MICHAEL S. REGAN
crrr, r,u��
S. JAY ZIMMERMAN
� �,,. ,,�„
Cer[ifica[e of Completion
Upon completion of all worA approved wi[hin the 401 Wa[er Quality Certifica[ion or applicable Buffer Rules, and
any subsequen[ modifications, [he applicant is required [o retum this certificate to [he 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC. 27699-1617. This form
may be returned to NCDWR bv the applicant, the applicant's authorized agent, or the project engineec II is not
necessarv to send certiticates from all of [hese.
App/lcanYs CerliJlcntinn
1, , hereby state that, to the best of my abilities, due care and dilieence
was used in the observa[ion of the construction such that the construction was observed ro 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.
Signamre: Date:
; Ige�rt's Cerlrficalron
I, , hereby stare that, to the best of my abiiities, 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.
Sienature: Date:
Engineer's Cerlifieulion
Partial Final
I. . as a duly reeistered Protessional Gn�ioeer in [he State of North
Carolina, having been authorired to observe (periodically, weekly, full time) the construc�ion of the project for the
Permittee hereby sta[e Ihat, to the best of my abilities, due care and dili�ence was used in the observation of [he
construction such that the wnstruction was observed to be built within substantial compliance and inrent of die 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Date
Reeistration No.
State of North Carolina I F,nvironmtntal Qualip�
I bl7 Mail Service Center I Ralcigh. Nonh Carolina 2 7699-1 6 1 7