20110487 Ver 1_Approval Letter_20110802

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NCDENR
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August 2, 2011
DWQ# 11-0437
Cabarrus County
Mr. Jimmie Little
12150 McManus Road
Midland, NC 28107
APPROVAL of 401 Water Quality Certification; with Additional Conditions
Dear Mr. Little:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 52 linear feet (If) for a culvert extension and the construction of rock ladde, of an unnamed tributary to
Muddy, an intermittent stream, as described in your application received by the Division of Water Quality
(DWQ) on May 19, 2011, and additional information received via mail and electronically, July 11, 2011, and
July 25, 2011, respectively. The location of the project is NC Highway 24/27, Parcel ID No. 5544594670,
Jimmie and Mary Little Property, in Cabarrus 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, tale 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 ncre, 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). For this approval
to remain valid, yor.i rnuist adhere to the conditions listed in the attached certification and those listed below:
Due to the existing culvert condition, DW(`) will not require the burial of the culvert on the unnarned tributary
to Muddy Creek. The nutlet of the culvert will be perched and small outfall onto a con stri-tr.ten r'v:k
ladder as her tho inF ;ma.fi'.in provided e-nn ail dai;ac July 25, 2011. Desl?jn and placement of
culverts and other structure::;, including temporary erosion control measures, shall not be cor!
manner thrut bray rE'SUIt in dis-cq{_?ilibriurn of ?n?? il?3.nds of ?,trcarnb?:dF, or bar{1:?>, a.djacent to or , ;d
downstream of the above structures. Tho*applicant is rE quired to provide evident,,; that tl-lt: cd:ii{urn, ?i r,
being maintained, if requested in writing by NCDW(_?.
Location 610 Ea`siCe;;terf,ie Sul 301 r.Aooresvi4,., NO 28115
Phone H-3-1 6 l9+ -3( D', C???ore{ cv co: 1 + 3.674'
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2. The use of riprap above the normal hign water mark stall be minimized. A.ny ripra-, placed for stream
stabilization shall be placed in the stream channel in such a manner that it does not impede aquatic life
passage and low flow of water (i.e., must be embedded in the streambed).
3. Revised plans, received July 'i 1, 20111 , depict the reduction of iriSul t- ce tr,) 20% of the total
square footage as a result of the proposed site development. Based on these calculations, stormwater
management BMPs are not required. Please be advised that if impervious area equals or exceeds 24%,
appropriate stormwater management BMPs will be required.
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. 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 Construct on 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 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.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
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 cop,,t of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent rnodificl:itiorif a?iy, slmll l rm-tini:ained with the on :site
project manager.
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.

10. Secime?"I and arvslon comr --I measures shall ;rot be clacec In 'Pie,,-lands or waters [o maximum extent
practical. If placement of sediment and erosion control devices in wetlands and waters is una icidable; they
shall be removed and the natural grade restored \niithin 3C days after the Division of Land ResoUrceS has
rele.;s,e:d (hc inroject.
17. Erosion and sediment control practices must be in IL 111 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 Pla,,?ning and Design Manual.
b. The design, installation, operation, anci 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.
18. The Permittee 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 report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
20. Upon completion of the project, the Permittee shall complete and retr.lrn th enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certific-rtion h?:is been compkr ted. Please
include photographs upstream and downstream of the strr.rcture to docurnc311t correct installation.
21. Continuing Compliance. The Permittee shall conduct it - rctm ies in a mrariner so ;as not to contravene at y
state water gUality standard [including any requiremefor compliancy: vl,,ith sactiol: 303(4) of the Clean
Water A ,.-,.t] any other appropi rate requirements of , ar and federal lavr. If I_)1VQ determlr?,us that such
standards or laws are not being met (including the failrn,e to sustain a desi?anat d or achieved use) or that
state or federal law is being violated, or that further conditions are nccessary to assure compliance, [AAXI
may reevaluate and modify this celtifica?tiorl to incir;de conditions appropriate 'io assure compliance ?n?ith such
??ta.ndards and requirement in accord ?nc,? with 15 A f!C1AC 21-1 05'Gi(rl) Hcfgm co6ifying irr cerlift":+tini-1.
iA/VQ sf1all notify the PE;rini?i< <; ?_?ild iilr I i ,Cr prii??l :'_ pul:?lic 11 tice ?11 ar,cr.??rd?Iilr,G 1) 15P IN!C;r1i?;
2H.0503, and provide oppoi to liiy for pub! nearing in raccorrlrince with 15/A NCAC 2F1.0504. f,rly n??w or
revised conditions shall hc; picvided tc, thc. Permittee in writing, shill! be IDI-O Vided to the USACi: for ::ference
in any permit issued pr,RSU?'nt t0 50„?;.Il 401 of dia Cie)' :rl -mc! :,??cu also hecome condlllol1s of the
40.1 Pflrmit tor' the project..
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if you do not accept any of the corditiens of this Certification, you may ask for an adiudicatory hearing. Ycu
must act within 60 days of the date that you receive this letter. To ask for a nearing, send a written petition that
conforms to Chapter 1506 of the Noah Carolina General Statutes to the Office of Administrative Hearings, 6714
Mr.,il Service Center, R .leigh, NI.C. 2769" 6714. This Certification nn:-l its conditions are final and binding unless
you as;, 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,
n?
N
for Coleen H. Sullins
Attachments
cc: USACE Asheville Field Office
Karen Higgins, DWQ Wetlands Unit
File Copy