20140040 Ver 1_Approval Letter_20140123

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NCDENR
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
January 23, 2014
Iredell County
NCDWR Project No. 14 -0040
Mr. Ryan Rase, P.E.
Town of Mooresville
413 N. Main Street
Mooresville, NC 28115
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Cornelius/Mazeppa Rd. Connector
Dear Mr. Rase:
You have our approval, in accordance with the conditions listed below, for the following impacts at the subject site
located at the intersection of Mazeppa Road and Highway 115 in Iredell County:
Stream Impacts in the Catawba River Basin
Site
Permanent
Temporary
Total
Stream
Total
Impact
Impact
Stream
Impacts
Bridge
Perennial Stream
Perennial
Impact
Requiring
(linear ft)
Stream (linear ft)
(linear ft)
Mitigation
0.42
0
0
0.42
linear, ft
1
210
0
210
210
Wetland Impacts in the Catawba River Basin
Site
Fill
Mechanized
Hand Clearing
Area under
Total
(ac)
Clearing (ac)
(ac)
Bridge
Wetland
ac
Impact (ac)
1
0.42
0.42
0
0
0.42
The project shall be constructed in accordance with your application dated /received January 10, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit 14 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. 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.
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 :ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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1. Diversion ditches and similar measures for the purpose of sediment and erosion control will be matted and
maintained to ensure maximum efficiency for the reduction of sediment loss and turbidity.
2. Slopes in excess of 10 ft in height and located within 30 ft of waters of the state shall be matted, at
minimum, upon completion and/or in accordance with the sediment/erosion control plan. Strongly
recommended to be matted at the earliest possible time.
3. Interior and exterior side slopes of the sediment basins shall be stabilized/matted upon completion prior to
use.
4. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. Until the EEP receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 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 this
certification.
13. 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.
Compensatory
River and Sub -basin
Mitigation Required
Number
Stream
210 (feet)
Catawba (03050101)
Wetlands
0 (acres)
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 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 this
certification.
13. 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.

DWR # 14 -0040
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. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
16. 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.
17. 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.
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,
Thomas A. Reeder
Attachment: GC 3886
cc: Steve Kichefski, Army Corps -of Engineers, Asheville
Sonia Carrillo, Wetlands Transportation
Adam Karagosian, Karagosian Ecological Consulting, P.O. Box 77461, Charlotte, NC 28271

14 -0040
NORTH CAROLINA - DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, the Town of Mooresvlle has permission as outlined below
to impact 210 linear feet of stream and 0.042 acre of wetland in order to proceed with the road project in
Iredell County, North Carolina. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN /SUBBASIN
Impacts:
210 linear feet of stream
0.042 acre of wetland
Mazeppa Rd /Hwy 115
Iredell
Catawba (0305010 1)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program
must be rounded to the nearest foot and acreage requirements must be rounded to one - quarter acre
increments according to 15 2r .0503(b).
Mitigation:
210 linear feet total of stream required
Mitigation:
210 linear feet of stream by the EEP required for the 401 Water Quality Certification. In
correspondence dated November 18, 2013 the EEP indicated that up to 2104 linear feet of stream
mitigation would be conducted by EEP if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER RESOURCES
1652 Mail Service Center
RALEIGH, N.C. 27669 -1652
Date

A �
NCDENR
North Carolina Department of Environment and Natura
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Resources
John E. Skvarla, III
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
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: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
NorthCarolina
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