20140267 Ver 1_Approval Letter_20140424

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 24, 2014
Wilkes County
NCDWR Project No. 20140267
Bridge No. 363 on SR 1575
Project No. 17BP.11.R.54
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter,
NCDOT, Division 1 1
P.O. Box 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 363 in Wilkes County with a 3 -sided bottomless culvert:
Stream Impacts in the Yadkin River Basin
Total Stream Impact for Project: 86 linear feet.
The project shall be constructed in accordance with your application dated received March 19, 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
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX- 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturally
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Stream Impacts
Total Stream
Site
in Intermittent
in Intermittent
in Perennial
in Perennial
Impact
Requiring
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Site 1 (Riprap
0
0
38
8
46
0
and dewatering)
Site I (culvert)
0
0
40
0
40
0
TOTAL
0
0
78
8
86
0
Total Stream Impact for Project: 86 linear feet.
The project shall be constructed in accordance with your application dated received March 19, 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
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX- 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturally

Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre- construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and culvert alignment at the permitted site. NCDWR staff shall be invited to
the pre- construction meeting.
2. Two copies of the final construction drawings shall be furnished to the NCDWR Central Office prior to the
pre- construction meeting. The permittee shall provide written verification that the final construction
drawings comply with the permit drawings contained in the application dated March 19, 2014 or per date
plans were revised or modified. Any deviations from the approved drawings are not authorized unless
approved by the NC Division of Water Resources.
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters 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 the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water and aquatic life. 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. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
2. 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.
3. 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.
4. 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.
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. 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 the 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.
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.

1 1. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
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 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.
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. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
18. 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 the
NCDWR when all work included in the 401 Certification has been completed.,
19. Native riparian vegetation 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.
20. 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.
21. 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.
22. 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.
23. The project will impact Buckwheat Branch classified by the NC Environmental Management Commission
as Trout Jr), High Quality Waters (HQW), and Water Supply 11 (WS11). Therefore, stormwater shall be
directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose
of pre - treating storm water runoff prior to discharging directly into streams. Bridge deck drains shall not
discharge directly into the stream. Mowing of existing vegetated buffers is strongly discouraged.
24. In- stream work and land disturbance within the 25 -foot buffer zone are prohibited during the trout -
spawning season of October 15 through April 15 to protect the egg and fry stages of trout.
25. Because of the classifications mentioned in Condition 3 above, the permittee shall use Design Standards in
Sensitive Watersheds (15A NCAC 413.0 124[a]-[e]). However, due to the size of the project, the NCDOT
shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.

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.
26. 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 soils 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, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not 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 the 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.
27. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
28. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from the NCDWR first.
29. 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.
30. 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 the NCDWR.
31. Riprap 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.
32. For the eight linear feet of stream being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species.
33. 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 the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species.
34. 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. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
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 Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.

35. 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 Dave Wanucha at (336) 771-495 ]or Dave.Wanucha @ncdenr.gov.
incere2y,,
�
.Thomas A. Reeder, Director
Division of Water Resources
cc: Mike Pettyjohn, PE, Division 11 Engineer (electronic copy only)
Andrew.Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Dave Wanucha, NCDWR Winston Salem Regional Office (electronic copy only)
File Copy

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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:
1, , 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:
Engineer's Certification
Partial Final
Date:
1, , 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
1617 Mall Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N Salisbury St Raleigh, North Carolina 27604
Phone- 919 - 807 -63001 FAX 919 - 733 -1290
Internet www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
NorthCarohna
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