20120307 Ver 1_Approval Letter_20120403

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld Dee Freeman
Governor Director Secretary
April 2012
DWQ# 12 0307
Catawba County
Dr Gregory J Thorpe
NCDOT Project Development and Environmental Analysis Unit
1598 Mail Service Center
Raleigh NC 27699 1598
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr Thorpe
You have our approval in accordance with the attached conditions and those listed below to permanently
impact 157 linear feet (If) (114 If for bank stabilization and 43 If for interior bent installation) and to temporarily
impact 0 02 acres (causeways) of the South Fork Catawba River (Site 1) a perennial stream and to
permanently impact 18 If (bank stabilization) of an unnamed tributary to the South Fork Catawba River (Site 2)
a perennial stream as described in your application received by the Division of Water Quality (DWQ) on March
27 2012 The location of the project is State Road 2019 (Rocky Ford Road) in Catawba 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 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
All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to
turbidity shall be designed constructed and operated with sediment and erosion control measures that
meet Design Standards in Sensitive Watersheds [15A NCAC 413 0124] However due to the size of
the project NC DOT shall not be required to meet 15A NCAC 4B 0124(a) regarding the maximum
amount of uncovered acres
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1- 877 -623 6748
Internet http / /portal ncdenr orq /weti/m
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One
NorthCarohna
Natmally

Dr Gregory J Thorpe
Page Two
2 The use of nprap 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
3 The post construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations The impacted areas shall be revegetated with appropriate
native species
4 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification
5 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the
bridge and pre treated through site appropriate means (grassed swales pre formed scour holes
vegetated buffers etc ) before entering the stream Please refer to the most current version of
Stormwater Best Management Practices
6 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or dulled shaft
construction methods More specifically betting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first
7 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
8 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification
9 All bridge construction shall be performed from the existing bridge temporary work bridges temporary
causeways or floating or sunken barges If work conditions require barges they shall be floated into
position and then sunk The barges shall not be sunk and then dragged into position Under no
circumstances should barges be dragged along the bottom of the surface water
10 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed fioodplains and streams shall be restored to natural geomorphic conditions
11 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
12 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
13 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
14 No rock sand or other materials shall be dredged from the stream channel except where authorized by
this certification
15 Temporary dewatenng sites must be restored to pre existing conditions unless more natural
geomorphic conditions can be provided

Dr Gregory J Thorpe
Page Three
16 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
17 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
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 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
20 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
21 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
22 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
23 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
24 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

Dr Gregory J Thorpe
Page Four
25 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval
26 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
27 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
28 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
29 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
for Charles Wakild
Attachments
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Wetlands Unit
File Copy