20110587 Ver 1_Approval Letter_20110713

Beverly Eaves Perdue
C;nvarnnr
IfI
i Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, INC 28151
11111211
sj?®
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Coleen H. Sullins
nirartnr
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
Natural Resources
Dee Freeman
Secretary
July 13, 2011
DWQ# 11-0587
Catawba County
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total
of 202 linear feet (If) and temporarily impact a total of 300 If of streams as listed in the table below:
MN
+ftl if
l ?S 4 11 f
y Y+,?
t f?„r'.^ phi y fT?
y
. 1t y5`Y
diY ?In ?' , f
r'
L"?P 1 ?.A t
??M 4
H
L
Permit Site `Nci '
?
' Stream Name
-ii '
S
fv ?a.
Len
th `of Streamim
act '
'
S
'?
1
f
'act
,,, g
p
_
Site #1 Bakers Creek 136 linear feet Permanent impact for new culvert and
structure stabilization (60 If), channel loss
due to realignment (16 If) and stream
relocation 60 If to be reconstructed
Site #1 Bakers Creek 150 linear feet Temporary impacts for cofferdam bypass
pumping
Site #2 Unnamed tributary to 66 linear feet Permanent impact for increased culvert
Bakers Creek length, structure stabilization and rock ladder
construction (20 If), stream relocation (44 If to
be reconstructed
Site #2 Unnamed tributary to 150 linear feet Temporary impacts for cofferdam bypass
Bakers Creek pumping
The impacts will be for the purpose of replacing an existing, deteriorating bridge in your application received by the
Division of Water Quality (DWQ) on June 22, 2011. The location of the project is State Road 1486 (Lee Cline Road) in
Catawba County. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 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 21-1.0506 (h)(6) and
(7).
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-677-623-6748
Internet: v w u.navaterqualiv org
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycledl10% Post Consumer paper
One
Not-thCarolina
Natctrall it
Mr. Mike Holder, P.E.
Page Two
For this approval to remain valid, you must adhere to the conditions listed in the attached certification and those listed
below: .
1. Due to the existing conditions at Site 2 (unnamed tributary to Bakers Creek) as described in the application. NCDWQ
will not require the burial of the culvert in, the streambed at this location. However, design and placement of the culvert
and other structures shall be in such a manner that the original stream profile is 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 the location of each culvert. The structure shall be designed and installed to allow for
fish and other wildlife movement as well as 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
2. The on site stream relocations shall be constructed in accordance with the design submitted in your June 2011
application. All channel relocations shall be constructed in a dry work area and appropriately stabilized before stream
flows are diverted. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season.
Vegetation used for bank stabilization shall be limited to native wood species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. All stream banks shall be matted with coir fiber matting.
3. A representative from the North Carolina Department of Transportation (NCDOT) environmental staff shall be
present on site during the reconstruction/relocation of the streams and the construction of the rock ladder.
4. 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.
5. 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.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
7. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can
be provided.
8. 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.
9. 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.
10. 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.
11. 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.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification.
13. Discharging hydroseed mixtures and washing. out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
14. 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.

Mr. Mike Holder, P.E.
Page Three
15. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing
season following completion of construction.
16. 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.
17. 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.
I& 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.
19. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for
approval.
20. 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.
21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery.
22. 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.
21 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 21-1.0503, 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.

Mr. Mike Holder, P.E.
Page Four
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 1506
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,
forColeen H. Sullins
Attachments
cc: Liz Hair, USACE Asheville Field Office
Sonia Carrillo, DWQ Wetlands Unit
File Copy