20130841 Ver 1_Approval Letter_20130812

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla; III
Governor Director Secretary
August 12, 2013
Catawba County
NCDWR Project No. 13 -0841
Mr. Mike Holder, Division Engineer
NCDOT Division 12
1710 East Marion Street
Shelby, NC 28151
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Holder:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a culvert on SR 1196, 19`h Avenue /13 h Avenue, in Catawba County:
Stream Impacts in the Broad River Basin
Site
Permanent
Permanent Impact
Temporary Impact
Total Stream
Stream
Impact
Perennial Stream
Perennial Stream
Impact
Impacts
Intermittent
(linear ft)
(linear ft)
(linear ft)
Requiring
Stream (linear ft)
Mitigation
(linear ft
1
0
18
18
0
1
0
80
80
0
0
18
80
98
0
Total
The project shall be constructed in accordance with your application dated /received August 9, 2013. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3883. This certification corresponds to the Nationwide Permit 3 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 NCDWR 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.
1. Condition #8 of Certification 3883 is waived regarding the depth of culvert placement.
2. 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 the NCDWR.
Transportation and Permitting Unit
1650 Mail Service Center. Raleigh, North Carolina 27699 -1650
Location- 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX 919 - 807 -6492
Internet wwwwww nmaterguality.orq
An Equal Qpporundy , Affirma!,ve Action Employer
NorthCarolina

3. 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.
4. 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.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
7. 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.
8. 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.
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10. 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 the NCDWR 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, the NCDWR
may reevaluate and modify this certification.
11. 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.
12. 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.
13. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
14. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or authorized agent) shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work included in the 401 Certification has been completed.
15. 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.
16. 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.
17. 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: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 Resources 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.
Sincerely,
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Thomas A. Reeder
cc: Trish Beam, Division 12 Environmental Officer
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Sonia Carrillo, Wetlands Transportation Unit
DWR # 13 -0841
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