20190352 Ver 1_Approval Letter_20190410

ROY COOPER
cove.no�
MICHAEL S. REGAN
secrermy
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmenta! Quality
Apri110,2019
Caldwell County
NCDWR Project No. 20190352
Bridge I IS on SR 1310
Project 17BP.11. R.183
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter
NCDOT DEO, Division I I
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mr. Slaughter.
You have our approval, in accordance with the conditions listed below, for the following impacts for replacing
Bridge I 15 with a new bridge over Greasy Creek:
Site
Stream Im acts in the Catawba River Basin.
Permanent Fill in Perennial Stream Temporary Fill in Perennial
(linear ft) Stream (linear h)
Bank
26
Fill
40
Dewatering
30
Total Stream [mpact for Project: 96 linear feet.
Stream Impscts
Requiring
Mitigation
(linear ft)
The project shall be constructed in accordance with your application dated March 20, 2019. After reviewing your
application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC)
Number 4132. This GC corresponds to US Army Corps of Engineers Nationwide Permit 3. 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 corresponding 404 permi[.
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. lf 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 300 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.
D_E Q�� North Carolina Department of Environmental Qualify I Division of Water Resources
512 North Salisbury Street I I677 Mail Service Center � Raleigh, North Carolina 2 76 9 9-1617
nanrcaio���..:
o.w��w „��maw 919.707.9000

Condition(s) of Certification:
Project Specific Conditions
1. The post-construction removal of any temporary 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)
2. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current
version ofNCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)]
3. 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 15A NCAC 02H .0506(b)(5)]
4. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be pre-treated through site-
appropriate means (grassed swales, pre-formed scour holes, rip-rap deck drain pads, vegetated buffers, etc.)
before entering the stream. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5).
5. For the 30 linear feet of streams being impacted due to site dewatering activities, the site shall be gaded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
General Conditions
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]
2. 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 natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
3. 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)]
4. 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)]
5. 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)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. The pemuttee 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]
8. 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)]

9. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In additioq the
Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer
and the on-site project manager. [ISA NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and (c)(2)]
10. 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. Impacu ro
areas within the fencing are prohibited unless otherwise authorized by this cer[ificatioa [15A NCAC 02H.0501
and.0502]
11. 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 govemment agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stortnwater management rules, soil erosion and
sedimentation control requiremenu, etc.
12. The Pertnittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
13. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or appointee) 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. [15A NCAC 02H.0502(�]
14. Native riparian vegetation must be reestablished in the riparian azeas within the conslruction limiu of the project
by the end of the growing season following completion of construction. [15A NCAC 02H.0506(b)(3) and (cx3)]
15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or botrow sites, or access roads to waste or borrow sites,
be Iceated in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activi[ies. [i5A NCAC 02H.0506(bx3) and (c)(3)]
16. 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 standazds [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 acwrdance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manval.
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 Carolrna
Sedrment and Erosion Conaol Manual. The devices shall be maintained on all construction sites, borzow
sites, and waste pile (spoil) pmjects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, Ute erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mrning Manual.
d. 7'he reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Contral Act.
17. Where placement of sediment ac�d erosion control devices in wetlands and/or waters is unavoidable, they shall be
removed, and the natural gade restored upon completion ofthe project. [15A NCAC 02H.0506(b)(3) and (cx3)]
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 office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday Uvough 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 petition may be faxed-providing the original and one copy of the dceument 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 29699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petiHon must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Wa[er Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
incerely,
� �6`f
L' a Culpepper, 'vector
Division of Water Resources
Electronic copy only distribution:
Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy