20110857 Ver 2_Approval Letter_20120120

M
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid P E Dee Freeman
Governor Director Secretary
January 20 2012
Montgomery County
NCDWQ Project No 110857
FDR 597 (Badm Lake Rd)
TIP Project No R 4444A
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr Kevin Rose Environmental Compliance Specialist
Federal Highway Admistration
21400 Ridgetop Circle
Sterling VA 20166
Dear Mr Rose
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
implementing roadway improvements to FDR 597 (Badm Lake Road) in Montgomery County
Stream Impacts in the Yadkin Pee Dee River Basin
Site
Station
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total
Stream
Intermittent Stream
Intermittent Stream
Perennial Stream
Perennial Stream
Stream
Impacts
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Impact
Requiring
(linear ft)
Mitigation
linear ft
1
186 +39
0
0
37
73
110
0
2
188 +00
0
1 0
595
8
675
0
Total
0
0
965
81
1775
0
Total Stream Impact for Project 177 5 linear feet
The project shall be constructed in accordance with your revised application dated received November 8 2011
and additional information provided on January 11 and January 19 2012 After reviewing your application we
have decided that these impacts are covered by General Water Quality Certification Number 3820 This
certification corresponds to the (Nationwide /General) Permit 14 issued by the Corps of Engineers In addition you
should acquire any other federal state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This approval
will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your project change you must notify the NCDWQ and 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 the conditions If total wetland fills for this project (now or in the future) exceed one acre or of total
impacts to streams (now or m 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 any additional conditions listed below
225 Green St Suite 714 Fayetteville NC 28301 5043
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Condition(s) of Certification
Project Specific Conditions
1 This approval will expire with the accompanying 404 federal permit This condition supercedes condition
No 19 in the General Certification 3820
2 Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage Bioengineering
boulders or structures should be properly designed sized and installed
3 The reinforced box culvert to be installed at Station 188 +00 will be buried 4 feet below the stream bed and
shall be backfilled to the natural stream bed elevations just above and below the culvert The culvert shall
be backfilled with the native material removed from the stream bed during construction
4 For the 81 linear feet of streams being impacted due to site dewatering activities the site shall be graded to its
preconstruction contours and revegetated with appropriate native species
5 This certification does not authorize any impacts for the temporary detour proposed on the outlet end of the
culvert at Station 188 +00
General Conditions
Unless otherwise approved in this certification placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches to allow low flow passage of water and aquatic life Design and placement of culverts and
other structures including temporary erosion control measures shall not be conducted in a manner that may
result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream and downstream of
the above structures The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting
features encountered during construction please contact NCDWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required
7 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
8 During the construction of the project no stagmg of equipment of any kind is permitted in waters of the
U S or protected riparian buffers
9 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
10 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
11 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
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 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 Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream
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14 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
15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
17 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law If NCDWQ 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
NCDWQ may reevaluate and modify this certification
18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
19 A copy of this Water Quality Certification shall be maintained 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
20 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
21 The issuance of this certification does not exempt the Permittee from complying with any and all statutes
rules regulations or ordinances that may be imposed by other government agencies (i a local state and
federal) having jurisdiction including but not limited to applicable buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc
22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
23 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT
Division Engineer shall complete and return the enclosed Certification of Completion Form to notify
NCDWQ when all work included in the 401 Certification has been completed
24 Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction
25 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification Should waste or borrow sites or access roads to waste or
borrow sites be located in wetlands or streams compensatory mitigation will be required since that is a
direct impact from road construction activities
26 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
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
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

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
The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act
26 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one(]) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings witbin five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 contact Mason Herndon at [phone]
Sincerely
-6�,j wo�
Charles Wakild
Director
ec Art King Division 8 Environmental Officer
Ronnie Smith US Army Corps of Engineers Wilmington Field Office
_Travis Wilson NC Wildlife Resources Commission
f Sonia Cam117o-NCDWQ Central Office
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