20120189 Ver 1_Approval Letter_20120228

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Beverly Eaves Perdue
Governor
Mr Mike Holder P E
NCDOT Division 12
P O Box 47
Shelby NC 28151
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NC ®EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Holder
Dee Freeman
Secretary
February 28 2012
DWQ #12 0189
Cleveland County
You have our approval In accordance with the attached conditions and those listed below to permanently
impact 16 linear feet (If) (6 If for constructed rock waterway and 10 if for riprap bank stabilization) and to
temporarily impact 20 if (cofferdams) of an unnamed tributary to Buffalo Creek a perennial stream as
described in your application received by the Division of Water Quality (DWQ) on February 21 2012 The
location of the project is State Road 2208 (Brookfield Drive) 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 maybe 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
NCDWQ will not require the burial of the replacement culverts in the streambed at this location due to the
steep slope overwidened stream and presence of bedrock in the channel 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 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 A representative from the North Carolina Department of Transportation ( NCDOT) environmental
staff shall be present on site during the construction /installation of the constructed rock
waterway Additionally, NCDWQ shall be contacted once the waterway is installed to conduct a
site inspection and verify compliance with permit conditions
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarolina
Phone [phone]Tax (704) 663 60401 Customer Service 1 877 623 6748 �aturallt�
Internet http Uportal ncdenr org /web /wg
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

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Mr Mike Holder P E l
Page Two
3 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
4 If concrete is used during construction a dry work area shall be maintained to prevent direct contact
j 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
5 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
6 The use of riprap above the normal high water mark shall be minimized Any nprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
7 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
8 No rock sand or other materials shall be dredged from the stream channel except where authorized by
this certification
9 Temporary dewatenng sites must be restored to pre existing conditions unless more natural
geomorphic conditions can be provided
10 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
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
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

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Page Three
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
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 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
23 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

Mr Mike Holder P E
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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 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
for Charles Wakild
Attachments
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Wetlands Unit
File Copy
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