20110182 Ver 1_Approval Letter_20110830

NCDE NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Directcr Secretary
August 30, 2011
DWQ# 11-0182
Union County
Mr. Barry Moose, P.E.
NCDOT Division 10
716 West Main Street
Albemarle. NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moose:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 0.075
acres of wetlands and 0.320 acres of pond (Varda Lake) as described in your application received by the Division of
Water Quality (DWQ) on February 23, 2011, additional information received May 10, 2011, and additional information
received electronically on August 16, 2011. The project involves the relocation of Waddington School Road to a location
south of the existing road on NC 16 in Union 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 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. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a concern,
shall not be buried. These pipes shall be installed at natural ground elevation.
2. Please note that additional impacts to wetlands for construction purposes (including the installation of erosion control
measures) were not requested, nor are they authorized by this water quality certification. If additional impacts to
wetlands are necessary, a modification to this authorization will be required.
3. Turbidity curtains shall be used to isolate all work areas within Varda Lake as required for placement of
riprap, excavation or filling. Strict adherence to the Construction and Maintenance Best Management
Practices will be required.
4. 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 Varda Lake.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NO 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: hfp:llpoQal.ncdenr.orglweblwg
An Equal Opportunity \ Afimla5w Action Employer- 50% Recycled110'k Post Consumer paper
One
NOrthCarolina
Alatimally-
Mr. 3arry wloose.. P.t.
Page Two
5. 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.
6. Heavy equipment shall be operated from the banks rather than in the pond in order minimize sedimentation and reduce
the introduction of other pollutants into the pond.
7. No rock, sand or other materials shall be dredged from the pond except where authorized by this certification.
S. 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 shall be maintained to prevent direct contact between curing
concrete and waters of the state. 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. 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.
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.
11 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.
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 practical. 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.
Mr. 6ai,y Moose, P.E.
Page Three
18. 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 report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
20. 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 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 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,
`? t3 rr
for Ccleen H. Sullins
Attachments
cc: Liz Hair, USACE Asheville Field Office
Sonia Carrillo, DWQ Wetlands Unit
File Copy