20140187 Ver 1_Approval Letter_20140227

Pat McCrory
Governor
Mr. Reuben Chandler
Acting Div. Engineer
1710 East Marion Street
Shelby, NC 28151
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
February 27, 2014
Alexander County
NCDWR Project No. 14 -0187
Bridge # 116, Beam Lumber Rd.
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Chandler:
John E. Skvarla, III
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts at the subject site located at Beam
Lumber Road in Lincoln County:
Stream Impacts in the Catawba River Basin
Site
Permanent
Temporary
Total
Stream
Impact -
Impact
Stream
Impacts
Perennial Stream
Perennial
Impact
Requiring
(linear ft)
Stream (linear ft)
(linear ft)
Mitigation
linear ft
1
1 70
70
140
0
Total
70
70
140
0
The project shall be constructed in accordance with your application dated February 25, 2014. 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. 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:
1. Bridge deck drains shall not discharge to waters .
2. 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.
3. 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.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6492
Internet: www.nmaterqualitv.om
An Equal Opportunity 1 Affirmative Action Employer
NonithCarohna
Naturally

4. The site is located within a HQW, therefore appropriate measures shall be taken to prevent loss of sediment to the stream,
and maximum reduction of turbidity. Where possible, bare areas immediately adjacent to the work are should be
protected/rcovered at the end of the work day when there is a possibility of a rain event.
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.
14. 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.
15. 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
16. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.
17. 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.
18. 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.
19. 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
i
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,
cyv�1
Thomas A. Reeder
cc: Trish Beam, Division 12, Environmental Officer
Steve Kichefski, Army Corps of Engineers, Asheville
NCDWR MRO Regional Office
Sonia Carrillo, Wetlands Transportation