20130979 Ver 1_Approval Letter_20130923

NC®ENR
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
September 23, 2013
McDowell County
Bridge No. 296 on SR 1418
NCDWR Project No. 20130979
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J.J. Swain, Jr., P.E
Division 13 Engineer
North Carolina Department of Transportation
55 Orange Street, P.O Box 3279
Asheville, NC 28802
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below, for the following impacts in
Paxton Creek for the replacement of Bridge 296 with two (2) barrel 35 -foot x 60 inches x 46 inches pipe
arches on NCSR 1418 in McDowell County.
Stream Im acts in the Catawba River Basin
Site
Permanent Fill
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
in Intermittent
Intermittent
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
ft)
Mitigation
linear ft
S1
0
0
65
50
115
0
Total
0
0
65
50
115
0
Total Stream Impacts for Project: 95 linear ft.
The project shall be constructed in accordance with your application dated received September 11, 2013
including the environmental commitments made in the application' letter. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886, corresponding to the U.S Army Corps of Engineers Nationwide Permit Number 14. 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 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
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: [phone]
Internet: www.rimaterauality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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 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(s) and any
additional conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from, or waste disposal into, jurisdictional wetland 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 direct impact from road construction activities.
2. Sediment and erosion control measures shall not be placed in wetland or waters unless otherwise
approved by this Certification. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored upon completion
of the project.
3. 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.
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
Sediment and Erosion Control Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use / Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124 (a)-
(e)] in areas draining to trout water. Temporary cover (wheat, millet, or similar annual grain) or
permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground
disturbing activities to provide erosion control.
5. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the
applicable requirement of the NCGO1000. Please note the extra protection for the sensitive
watershed.
6. This project has the potential to impact trout waters or other aquatic species of concern. No
construction activities shall begin until the NCWRC makes a determination regarding moratoria.
Should the NCWRC determine that a moratorium is applicable then the requirements of any
moratorium(s) shall be condition of this 401 certification. If DOT does not wish to honor the
moratorium, then a written modification shall be requested.
7. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall
be used in conjunction with an appropriate native seed mix on disturbed soil within the riparian
area and on disturbed steep slopes with the following exception. Erosion control matting is not
necessary if the area is contained by perimeter erosion control devices such as silt fence,
temporary sediment ditches, basin, etc. Matting should be secured in place with staples, contain a
nylon mesh grid, which can impinge and entrap small animals. For the establishment of
temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based

hydro mulch applied from a fertilizer -and limestone -free tank is allowable at the appropriate rate
in conjunction with erosion control measures. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.
8. Unless otherwise approved in this certification, placement of culvert and other structures in open
water 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 culvert diameter for culvert
having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culvert and other structures including temporary erosion control measure shall
not be conducted in a manner that may result in dis- equilibrium of wetland or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by
NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
9. If multiple pipe or barrels are required, they shall be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and /or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of structures typically decrease water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage.
10. Strict adherence to 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.
11. 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.
12. The stream channel shall be excavated no deeper than the natural bed material of the stream, to
the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks,
as well as to vegetation responsible for maintaining stream bank stability. Any applicable
riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native species.
13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be
modified. Disturbed floodplains and stream shall be restored to natural geomorphic conditions.
14. Native riparian vegetation (eg. rhododendron, dog hobble, willows, alders, sycamores, dogwoods,
black walnut and red maple) must be reestablished within the construction limits of the project by
the end of the growing season following completion of construction.
15. 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.
16. Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed.
17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
18. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluid, or
other toxic materials.
19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment -in or
adjacent to surface waters is prohibited.

21. 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.
22. No rock, sand or other materials shall be dredged from the stream channel, except where
authorized by this certification.
23. 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 on -site project manager. 24.
24. 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.
25. 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 the
certification.
26. 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 requirement of State and Federal law. If NCDWR
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State of Federal law is being violated, or that further conditions
are necessary to assure compliance, NCDWR may reevaluate and modify this certification.
27. The issuance of this certification does not exempt the Permittee form 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.
28. The Permittee shall report any violations of this certification to the Division of Water Resources
with 24 -hours of discovery.
29. 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 NCDWR when all work included in the 401 Certification has been completed.
Violations of any conditions herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made condition of the Federal 404 and/or Coastal Area Management Act Permit. This
Certification shall expire upon the expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in form of
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. If
modification are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
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 telephone Mrs. Amy Chapman of the Raleigh Central
Office at 919 - 807 -6365.

Sincerely,
Thomas A. Reeder
Attachments
cc: Lori Beckwith, USACE, Asheville Field Office
Roger Bryan, Division 13, DEO
Ben DeWit, Roadside Environmental
Marla Chambers, NCWRC
Asheville Regional Office
File Copy