20110050 Ver 1_Application_20110118

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DENR . WATER WALP
WETLANDS ANDSTMAWAIERBRA M
BEVERLY EAVES PERDUE
GOVERNOR
January 11, 2011

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS EUGENE A. CONT[, JR.
SECRETARY
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
Attention: Ms. Sarah E. Hair
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
11®050
Subject: B-5223 Cabarrus County (WBS Element No. 42821.3. 1)
Bridge Replacement Project on Roberta Road over Wolf Meadow Branch
Dear Ms. Hair:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
No. 191 on SR 1304 (Roberta Road) over Wolf Meadow Branch in Cabanas County.
The existing concrete timber-decked bridge measures 61 feet long by 25 feet 6 inches
wide. The proposed replacement structure will be a pre-stressed core slab bridge that
measures 97 feet 3 inches long by 51 feet wide.
Protected Species
The subject project has been reviewed for the presence of federally listed threatened and
endangered species and described in a Minimum Criteria Checklist. John Alderman,
Alderman Environmental Services, Inc. conducted a fresh water mussel survey for this
project, on February 17, 2004 and NCDOT biologists have revisited the project area in
2010. It has been determined that the proposed bridge replacement activity will have no
effect on any listed plant or animal species.
hnpacts to Waters of the United States
This project cannot be completed without impacts to waters of the United States. The
project is located within the Yadkin River Basin (Hydrologic Unit # 03040105) and will
impact Wolf Meadow Branch, a Class C water. There will be approximately 50 linear feet
of permanent impacts to the existing stream channels as a result of the proposed
construction. The impacts will be limited to bank stabilization activities along Wolf
Meadow Branch where banks will reshaped and existing headwalls removed. There are
no wetland impacts that will result from the construction of this project.
19
.... ..
B-5223 Cabarrus County
Avoidance/Minimization
All wetlands or surface waters not affected by the project will be protected from
unnecessary encroachment. No staging of construction equipment, or storage of
construction supplies, will be allowed in or near surface waters.
Sediment and erosion control Best Management Practices for the protection of wetlands
and surface waters will be enforced during project construction. Continued coordination
will occur between the contractor, job site inspectors, and the Division Environmental
Officer during construction in an effort to minimize impacts to jurisdictional sites.
Summary
The purpose of this letter is to request that the authorization to construct the proposed project
under a Section 404 Nationwide 13 permit.
If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Officer, at [phone].
Sincerely, . ?•_
00
*#&7050*00?
Barry S. Moose, PE
Division Engineer
BSM/LBT
cc: Ms. Polly Lespinasse, NCDWQ
Mr. Greg Jones, BPE
Mr. Garland Haywood, BME
Mr. Michael Summers, Central Bridge
Mr. Larry Thompson, DEO
File
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
®Section 404 Permit E] Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ®Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ? No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: B-5223 SR 1304 (Roberta Road)
2b. County: Cabarrus
2c. Nearest municipality / town: Concord
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: 42821.3.1
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
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4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Barry S. Moose, PE
4c. Business name
(if applicable): NC Department of Transportation
4d. Street address: 716 W. Main Street
4e. City, state, zip: Albemarle, NC 28001
4f. Telephone no.: 704-982.0101
4g. Fax no.: 704-982-3146
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
Latitude: 35.370528 Longitude: -
1b. Site coordinates (in decimal degrees): 80.623161
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: acres

2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Wolf Meadow Branch
proposed project:
2b. Water Quality Classification of nearest receiving water. C
2c. River basin: Yadkin (03040105)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
This project is located in an urban setting with several single family residence subdivisions located nearby as well as a
limited amount of urban agriculture taking place just southwest of the project.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
125 linear feet of stream within the widest point of the recorded right-of-way.
3d. Explain the purpose of the proposed project:
This is a safety improvement project. The existing structure is in poor condition and was scheduled to be replaced in
2005 under the NC Moving Ahead! program before funding expired.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing Umber-decked bridge measures 25.5 feet wide and is 61 feet long. The existing structure will be removed
and replaced with a cored slab bridge measuring 51 feet wide by 97 feet, 3 inches long. There will be one interior bent
constructed using (3) 9.3 foot by 9.3 foot spread footers with reinforced concrete piers that will be located further west
from the stream than the current spread footer for the existing structure.
The required construction equipment will consist of a trackhoe, dump trucks, crane and paving equipment.

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: Resulted in USACE Action ID 200531023 (2-18-
05)

4b. If the Corps made the jurisdictional determination, what type ? preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: NCDOT and USACE
Name (if known): Larry Thompson and Steve Lund Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Not sure of the exact date of the jurisdictional determination. See 4a.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
. this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Original application date January 7, 2005. NCDWQ# 05-0049 was issued on January 14, 2005. USACE Action ID
200531023 was issued on February 18, 2005. Previous authorizations were for 50 linear feet of bank stabilization under
the new structure.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
? Yes ? Corps
W1 ? P ? T ? No ? DWQ
? Yes ? Corps
W2 ? P ? T ? No ? DWQ
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
? Yes ? Corps
W5 ? P ? T ? No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Si ® P ? T Bank Stabilization Wolf Meadow
Branch ® PER
? INT ® Corps
® DWQ 10-12
Feet 50 Feet
? PER ? Corps
S2 ? P ? T ? INT ? DWQ
? PER ? Corps
S3 ? P ? T ? INT ? DWQ
? PER ? Corps
S4 ? P ? T ? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts 50 Feet
3i. Comments:
Page 5 of 11
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem ora T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. ? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
?Yes
B1 ?P?T ? No
?Yes
B2 ?P?T ? No
?Yes
B3 ?P?T ? No
6h. Total buffer impacts
61. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed structure was designed to increase the flood prone area underneath the structure and position the one interior
bent as far from Wolf Meadow Branch as practical. The interior bent is located further west from the stream than the existing
spread footer which is located within Wolf Meadow Branch.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed impacts have been limited to those necessary to construct the project and provide a non-eroding surface at the
newly excavated areas underneath the new bridge. Sheet piles will be used to keep the work area for the interior bent spread
footers dry. Appropriate erosion control measures will be implemented and adjusted as needed to prevent avoidable
discharges to Wolf Meadow Branch.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and lett er) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan

la. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ®No
within one of the NC Riparian Buffer Protection Rules?
lb. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan

2a. What is the overall percent imperviousness of this project? 22.2%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project does not meet the criteria
established that would require a stormwater management plan to be submitted.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review

3a. In which local government's jurisdiction is this project? N/A
? Phase II
[] NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
® Other: NCDOT NPDES Permit
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ® No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
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F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ®No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
d
d
S
? Yes
® No
ar
s,
tan
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 10 of 11
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a . Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b . Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d . What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Database and, previously, a fresh water mussel survey performed by Alderman Environmental Services,
Inc.
6. Essential Fish Habitat (Corps Requirement)
6a . Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b . What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Fishery Management Council
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a . Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b . What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places and NC State Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
8a . Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b . If yes, explain how project meets FEMA requirements: NCDOT engineers have determined that there will be "no rise" in
the base flood height elevation as a result of this project being constructed.
8c. What source(s) did you use to make the floodplain determination? NCDOT GIS data layer
? 01-11-11
Barry S. Moose, PE

Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 11 of 11
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B-5223 (Roberta Road)
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Feet
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT F
Action ID. 200531023 County: Cabarrus USGS Quad: Concord SE EB 2 4 2005
DIVISION ENGINEER 7Er M DIVISION
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VEPJELCATION kaint.
0A er. Plan.
Property Owner / Authorized Agent: NC Department of Transportation, Division 10, Attn: enton G-1 ayne
Address: 716 West Main Street
Albemarle, North Carolina
28001
Telephone No.: 704-982-0101
Size and location of property (water body, road name/number, town, etc.): Bridge No. 191 on SR 1304 (Roberta Road)
crossing Wolf Meadow Creek, at Concord, NC Moving Ahead Project No. MA10015B
Description of projects area and activity: Replace the existing 60-foot long concrete bridge with a 95-foot long, core slab
bridge at the same location. Place rock riprap along 50 linear feet of stream bank under the new bridge for scour
protection/bank stabilization. Permanent impacts to perennial channel would total 50 feet.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 13
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all modifications. If
the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply
with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised
on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Mr. Steven Lund at telephone [phone] x 223.
Corps Regulatory Official: Steven Lund 'Z 1 2 Date: 2/18/2005
Expiration Date of Verification: 2/18/2007
Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US within the above described project area. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part
331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination:
Corps Regulatory Official: Steven Lund
Date 2/18/2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
?pF WATE?,O ?)i Ill
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DIVISIr < _ ' r'Yi i)iVISIOA/
CIO
Cii3ii^si. Faint.
Opar. Plc.n. -
Mr. Benton G. Payne, P.E.
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2005
DWQ# 05-0049
Cabarrus County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Payne:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 50 linear feet (If) (for bank stabilization under the new bridge) of Wolf Meadow Branch, a perennial
stream, to replace the existing concrete channel bridge with a new core slab bridge as described in your
application received by the Division of Water Quality (DWQ) on January 10, 2005. The location of the project
is State Road 1304 (Roberta Road) in Cabarrus County. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3404. This certification corresponds
to Regional General Permit 198200031 issued by the U.S. Army Corps of Engineers (USAGE). 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.
1. The riprap used to stabilize the area around the bents and the stream banks under the bridge must not
interfere with thalweg performance and aquatic life passage during low flow conditions.
2. Disposal of old bridge material into surface waters is not allowed. Strict adherence to the USACE guidelines
for bridge demolition will be required.
3. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards:
t Caro ma
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North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Intemet h2o.enr.state.nc.us Mooresville, NC 28115
Phone [phone]
Fax [phone]
An Equal Opportunity/Alfimtative Action Employer- 50°A Recycled/10% Post Consumer Paper
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a. 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 pit sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
b. 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.
c.. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. Heavy equipment must be operated from the banks rather than in the stream channel, when possible, in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
5. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
6. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
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 work shall be performed during low or normal flow conditions.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
11. 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.
12. 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.
13. Upon completion of the project, the applicant 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.
14. Continuing Compliance. NCDOT shall conduct its activities in a manner consistent with state water quality
standards [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
rpnnirpments in accordance with 15 A NCAC 2H.0507(d).
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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 Chat 150B of the North Mail Service Center, Raleigh, N.C. 27699-6714. 14. This e certification and its Office conditions dare finalta d binding sunless
you ask for a hearing.
This letter completes the review of 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,
for Alan W. Klimek, P.E.
Attachments
cc: Steve Lund, USACE Asheville Field Office
Rob Ridings, DWQ Central Office
Central Files
File Copy