20091355 Ver 1_Approval Letter_20090105

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
C' nvarnnr niracinr
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, INC 28151
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
Dee Freeman
Secretary
January 5, 2010
DWQ# 09-1355
Lincoln County
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact approximately 20 linear feet (If) (for culvert outlet stabilization and rock ladder/slide construction) and to
temporarily impact 20 If (cofferdams) of Little Indian Creek, a perennial stream, as described in your application
received by the Division of Water Quality (DWQ) on December 31, 2009. The location of the project is State
Road 11.13 (Reeps Grove Church Road) in Lincoln County. After reviewing your application, we have
determined that this project is covered by Water Quality.General Certification Numbers 3705. Please;note_
that you should get any other federal, state or-lodal 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. For projects impacting waters classified by the NC Environmental Management Commission as High
Quality Waters (HOW) or Water Supply II (WSII) stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff
prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
2. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 46.0124(a)-(e)j;in areas
draining to WS-II/HQW waters. Temporary cover (wheat, millet: or similar annual:grain).or.permanent
herbaceous cover'shall be planted on all bare soil within 15 business days of ground;disturbing:activities to
provide erosion control.
Mooresville Regional Office
Location, 610 East Center Ave., Suite 301 Mooresville, NC 28115 onC
Phone: [phone] Fax: [phone] Customer Service: 1-877623-6748 1?IOith CarOhlla
Intemet: wmN.rimaterqualiry.org
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An Equal Opportunity1 Affirmative Action Employer - 50% Recycled/10% Post Consumer paper N
Mr. Mike Holder, P.E.
Page Two
3. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of, permanent herbaceous cover, erosion control matting shall be used in
conjunction with appropriate seeding on disturbed soils within the npariaii area and on disturbed steep;
slopes with the following exception. Erosion control matting is not necessary if the area is' contained' by
perimeter erosion control devices such as silt fence, temporary. sediment ditches, basins, etc. .
Matting should be secured in place'with staples stakes, or wherever possible live stakes of native trees'
Erosion control matting placed in riparian areas shall not contain a nylon mesti grid, which can impinge and
entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding
along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is
allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed
mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a
distance 25 feet landward from top of stream bank.
4. DWQ will require the NCDOT Division Environmental Officer, Environmental Specialist or other appropriately
trained NCDOT employee to be present during the construction of the rock ladder/slide.
5. 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. In addition, riprap located at the new stormwater outfall shall be of sufficient size so that it does not
move downstream during rain events.
6. 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.
7. No rock, sand or other materials. shall beed,redged from the stream channel except where authorized by this
certification
8..,,Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
9. 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.
10. 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 diversiori'structures'sliall be used to prevent excavation in
flowing water.
11. 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.
12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of steam waters from fuels, lubricants, hydraulic fluids, or other.toxic materials.
13. All fill,slopes,located in jurisdictional wetlands. shall be,,placed at slopes no flatter than 3:1, unless otherwise,.,
authorized*by this certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
Mr. Mike Holder, P.E.
Page Three
15. 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.. : .
16. Native, riparian vegetation must be re-established within the construction limits of the'project"by the'en'd of the
growing season following completion of construction..
17. 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.
18. 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 :eaters 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.
o. 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'Siirface
Mining Manual.
d. The reclamation measures" and implemehtation must comply with the, reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
19. 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.
20. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
21. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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.
22. The Permittee shall report any violations of this'-certification to the Division of Water Quality'within 241iours'of
discovery.

Mr. Mike Holder, P.E.
Page Four
23. 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.
24. 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 CleanWaterACt{ 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,.
6 4-?
for Coleen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy