20110270 Ver 1_Approval Letter_20110407

NCDENR
north Carolina Department cr' Environment and
Civision of Water Quality
Eeverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secratarj
April 7, 2011
DWQ# 11-0270
Cleveland County
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 60 linear feet (If) (50 If for increased culvert length, 10 If for structure stabilization) and to temporarily
impact 15 If (cofferdams) of an unnamed tributary to Wards Creek, an intermittent stream, as described in your
application received by the Division of Water Quality (DWQ) on March 24, 2011. The location of the project is
State Road 1527 (Meadow Creek Road) in Cleveland County. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Numbers 3820. 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:
Due to the steep slope, NCDWQ will not require the burial of the culvert in this location. However,
design and placement of the culvert and other structures 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). Existing stream dimensions (including pattern and profile) are to be maintained
above and below locations of each culvert. The structures shall be designed and installed to allow for
fish and other wildlife movement as well as to prevent headcutting of the stream. The applicant may be
required to provide evidence that the equilibrium has been maintained, if requested in writing by
NCDWQ.
Mooresville Regional Office
Location: 610 East Center Ave„ Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http:llportal.ncdencorglweblwq
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Mr. Mike Holder, P.E.
Page Two
2. If the culvert outlet is located in a stream meander, NCDOT will be required to ensure that it
does not result in stream destabilization. If additional armoring of the streambanks or stream
relocation is required to ensure stability, a permit modification will be required.
3. Impacts to a second unnamed tributary, located upstream of the proposed culvert extension.
are not authorized by this Water Quality Certification. If impacts to this tributary are anticipated,
please contact DWQ.
4. 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.
5. 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.
6. 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.
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.
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.
No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
10. Temporary dewatering sites must be restored to pre-existing conditions unless more natural
geomorphic conditions can be provided.
11. 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.
12. 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.
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.
15. 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
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 cn-site project manager.
17. Native riparian vegetation must be re-established within the construction limits cf he 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. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
22. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visibie fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
Mr. Mike Holder, P.E.
Page Four
24. 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.
25. 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 DVVQ 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 1508 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,
-'F, Y3 c?e•-_
forColeen H. Sullins
Attachments
cc. Liz Hair, USACE Asheville Field Office
Sonia Carrillo, DWQ Wetlands Unit
File Copy