20071319 Ver 1_Approval Letter_20070814

~CF w H TF9Q Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ .~ Coleen H. Sullins, Director
Division of Water Quality
August 14, 2007
DWQ# 07-1319
Union County
Mr. Barry Moose, P.E.
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moose:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 20 linear feet (If) for a culvert replacement on an unnamed tributary to Missouri Branch, a perennial
stream, in order to pave an unpaved road as described in your application received by the Division of Water
Quality (DWQ) on August 3, 2007. The location of the project is Ruby Linder in Union County. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Number 3627. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed regulations. This approval will expire with the associated 404 permit
unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or if 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 and those listed below:
The existing unpaved road was constructed with the road functioning as a dam for a pond. The existing
culvert, which is to be replaced, provides a connection between the pond and the tributary downstream. The
pond will be drained as part of the paving project. It is unknown whether the culvert can be properly buried,
whether burial of the culvert will require a steep slope (potentially causing a scour hole at the outlet) or the
burial of the culvert will cause the stream to headcut at the inlet end. Therefore, DWQ will require the
following:
a) All efforts shall be made to install the culvert below the elevation of the streambed by one (1) 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 for low flow passage of water and aquatic life, as well as prevent
headcutting of the streams.
b) If the burial of the culvert results in a slope of 3% or greater, the culvert shall be placed on grade and a
rock ladder installed at the outlet to allow for low flow passage of water and aquatic life.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state.nc.us Mooresville, NC 28115
Phone [phone]
Fax [phone]
No°e hCarolina
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Mr. Barry Moose
Page Two
An alternative to the rock ladder would be to bury the pipe (as indicted above) and provide an armored
scourhole at the outlet to prevent stream destabilization. All material used to armor the scourhole shall be
of adequate size so as not to be displaced during storm events and shall be appropriately buried in the
streambed.
c) If burial of the culvert results in stream destabilization at the inlet (i.e., headcut), a rock cross-vane shall
be installed to prevent any further stream destabilization.
The design and placement of culverts and other structures including temporary erosion control measures
shall be installed in such a manner that the original stream profiles are not altered (i.e., the depth of the
channel must not be reduced by a widening of the streambed). Existing stream dimensions (including
pattern and profile) are to be maintained above and below locations of each culvert. The applicant may be
required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ.
2. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
3. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
4. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
5. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
6. If concrete is used during construction, a dry work area should be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
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. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
12. A copy of this Water Quality Certification shall be posted 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.

Mr. Barry Moose
Page Three
13. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.
14. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
15. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it
is a direct impact from road construction activities.
16. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been
completed. Please include photographs upstream and downstream of the structure to document correct
installation.
17. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act]
and any other appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate
and modify this certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify
NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-
1099.
Sincerely,
Attachments
for Coleen H. Sullins
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy