20130498 Ver 1_Approval Letter_20130528

A4
CD R
-North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles.Wakild, P. E. John E. Skvarla; III
Governor Director Secretary
May 28, 2013
Stanly County
DWQ No. 13 -0498
Mr. Greg Thorpe, P.E.
NCDOT PDEA
1598 Mail Service Center
Raleigh, NC 27699 -1598
SUBJECT: Bridge Replacement ( #3138), Philadelphia Church Rd., SR 1109
APPROVAL of 401 Water Quality Certification and Catawba Buffer Authorization with Additional Conditions
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing
Bridge No. 138 on Philadelphia Church Road in Stanly County:
Stream Impacts in the Yadkin River Basin
Site
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Total
Mitigation
Intermittent
Intermittent
Perennial
Perennial
Stream
(linear ft)
Stream
Stream
Stream
Stream
Impact
(linear ft)
(linear feet)
(linear ft)
(linear feet)
(linear feet)
1
93
93
Open
«0.01
Water
Total
«0.01
93
93
The project shall be constructed in accordance with your application dated May 8, 2013 and received May 8, 2013. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3891 and 3893. This certification corresponds to the Nationwide 23and 33 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. For
this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional
conditions listed below.
Project Specific Conditions
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.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone]'1 FAX. [phone]
Internet. www.nmaterquality.ong
An Equal Opportunity +Affirmative Action Employer
One
NorthCarolina
Aaturallr(

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2. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,.on
the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from D WQ.
3. 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.
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. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
7. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
8. 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.
9. 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.
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 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. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) must be
reestablished in the riparian areas within the construction limits of the project by the end of the growing season
following completion of construction.
13. 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.
14. 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.
15. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
16. 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.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.

17. _ 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.
18. 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.
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:OOam and 5:OOpm, except for official state holidays. The original and one (1)
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 within 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: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 Alan Johnson at (704) 663 -1699 or alan.johnson @ncdenr.gov.
cc: Larry Thompson, Division 10 Environmental Officer (electronic copy only)
Amanda Jones, Asheville, Army Corps of Engineers
Sonia Carrillo, Wetlands /401 Transportation Permitting Unit
DWQ #: 13 -0498
Sincerely,
Charles Wakild, P.E.
Director