20140291 Ver 1_Approval Letter_20140325

NCDENR
North Carolina Department of Environment and Natural Resouroes
Pat McCrory John E Skvarla, III
Govemor Secretary
April 25, 2014
W I kes County
NCDWR Project No. 20140291
Bridge 442 on SR 1501
TI P /State Project No. 1713P.11.R.54
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Division Environmental Officer
NCDOT, Division 11
P.O. Box 250
North W l kesboro, NC 28659
Dear Mr. SI aughter:
You have our approval, in accordance with the conditions I i sted below, for the fol I owi ng impacts for the purpose of
replacing Bridge No. 442 with adoublebarreled reinforced concxetebox culvert (RCBC) in Wilkes County:
Stream I mpactsin the Yadkin River Basin
Total Stream Impact for Project: 113 linear feet.
The proj ect shat I be constructed i n accordance wi th your appl i cati on dated received M arch 25, 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. In addition, you should acquire any
other federal, state or local permits before you proceed with your project including (but not I i mi ted to) Sediment and
Erosion Control, Non- Dischargeand Water Supply Watershed regulations Thisapprovai will expirewith the
accompany i ng 404 permi t.
Thisapproval isvalid solely for the purposeand design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit anew application. If the property issold, the
new owner must be given acopy 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
i mpacts to streams (now or in the future) exceed 150 I i near feet, compensatory mitigation maybe 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 Pemitting Unit
1617 N I Service Center, Raleigh North Carolina 27699.1617
Location. 512 N. Salisbury St. Raleigh, North Carolina 27604
Plane: 919.807300 \ FAX [phone]
Internet: ~.nomteroualdy.org
An EgLd Opporh ably \ Affirrrebe baon BVoyer
One
NorthCarolina
)Vatura!ly
Permanent Fill
Temporary Fill
Total Stream
Stream I mpacts
Site
in Perennial
(dewatering) in
Requiring
Stream
Perennial Stream
(linear feet)
M itigation
linear feet
linear feet
linear feet
Site 1 (RCBC)
40
12
52
0
Site 1 (riprap & bench)
61
-
61
0
Total
101
12
113
0
Total Stream Impact for Project: 113 linear feet.
The proj ect shat I be constructed i n accordance wi th your appl i cati on dated received M arch 25, 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. In addition, you should acquire any
other federal, state or local permits before you proceed with your project including (but not I i mi ted to) Sediment and
Erosion Control, Non- Dischargeand Water Supply Watershed regulations Thisapprovai will expirewith the
accompany i ng 404 permi t.
Thisapproval isvalid solely for the purposeand design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit anew application. If the property issold, the
new owner must be given acopy 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
i mpacts to streams (now or in the future) exceed 150 I i near feet, compensatory mitigation maybe 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 Pemitting Unit
1617 N I Service Center, Raleigh North Carolina 27699.1617
Location. 512 N. Salisbury St. Raleigh, North Carolina 27604
Plane: 919.807300 \ FAX [phone]
Internet: ~.nomteroualdy.org
An EgLd Opporh ably \ Affirrrebe baon BVoyer
One
NorthCarolina
)Vatura!ly

Condition(s) of Certification:
Project Specific Conditions
1. During the dewateri ng process to ad I ow culvert i nstal I ati on and fl oodpl ai n construction, silt bags must be
used when necessary to prevent excessive downstream sedimentation.
General Conditions
1. Unless otherwise approved in this certification, placement of culvertsand other structuresin open watersand
streams shal I be placed below the elevation of the streambed by one foot for ail 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 al I ow low flow passage of water and aquatic life. Design and placement of culverts and other
structures i nd udi ng temporary erosion control measures shall not be conducted in a manner that may result in
di s•equi Ii bri um of wetlands or strearnbeds or banks, adj a cent to or upstream and downstream of the above
structures The appl i cant is required to provide evidence that the equilibrium is being maintained if requested
in writing by the N CDWR. If this condition is unabl a 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. 1 f concrete i s used duri ng constructi on, a dry work area shal I be mai ntai ned to prevent di rect contact
between curi ng concrete and strearn water. Water that i nadvertentl y contacts uncured concrete shat I not be
di sdharged to surface waters due to the potential for elevated pH and pose ble aquatic I ife and fi sh ki I I s
3. Duri ng the constructi on of the proj ect, no stagi ng of equi pment of any ki rid i s permi tted i n waters of the
U.S., or protected riparian buffers
4. The di menson, pattern and profi le of the stream above and below the cross ng shal I not be modified.
Disturbed floodplai ns and streams shall be restored to natural geomorphic conditions
5. The use of rip -rap above the Norm High Water Mark shall be minimized. Any rip -rap placed for stream
stagi I i zati on shall be placed in strearn channels in such a manner that it does not impede aquatic life
passage.
6. The Permi ttee shat I ensure that the fi nal design drawings adhere to the permit and to the permit drawings
submitted for approval.
7. Al I work i n or adj anent to stream waters shat I be conducted i n a dry work area Approved BM P measures
from the most current versi on of the NCDOT Construction and M ai ntenance Acti vi ti es manual such as
sandbags, rock berms, cofferdams and other di very on structures shal I be used to prevent excavati on i n
f owi ng water.
8. Heavy equi pment shad I be operated from the banks rather than i n the stream channel i n order to mi ni mize
sedi mentati on and reduce the i ntroducti on of other pol I utants i nto 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
oerti f cati on.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 1 f multi ple pi pes or barrels are requi red, they shat I be desi gned to mi mic natural stream cross section as
d osely as possi ble i nd udi ng pi pes or barrel s at flood piai n elevation and/or s I I s where appropriate.
Wdeni ng the stream channel should be avoi ded. Stream channel wideni ng at the i nlet or outlet end of
structures typi cad I decreases water veloci ty causing sediment deposition that requiresincrea9ed maintenance
and di srupts aquati c I ife passage.

13. Ri prap steal I not be placed in the active thal weg channel or placed in the strearnbed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
14. For the 12 l i near feet of streams being impacted due to site dewateri ng activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native sped es
15. The stream channel shat I be excavated no deeper than the natural bed mated al of the stream, to the maxi mum
extent practicable. Efforts must be made to mi ni mize impacts to the stream banks, as wel I as to vegetation
responsible for mai ntai ni ng the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species,
16. 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 I aws are not bei ng met (i ncl udi ng the fai I ure to sustai n a des gnated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluateand modify this oertif ication.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by thi s oerti fi cati on.
18. 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 Divi son Engineer and the on-site project manager.
19. The outside buffer, wetland or water boundary looted within the construction corridor approved by this
authorization shall be dearly marked by highly visi ble fenci ng prior to any land disturbing activities. I mpacts
to areas wi thi n the fenci ng are prohibited unless otherwise authorized by this certification.
20. 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.a local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
21. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
22. The post- construction removal of any temporary bridge structures must return the project siteto its
preconstruction contours and elevations The impacted areas shall be revegetated with appropriate native
species
23. 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.
24. Bridge deck drai ns shal I not discharge directly into the stream. Stormwater shal I be di rected across the bridge
and pre - treated through site - appropriate means (grassed swales, pre - formed scour holes, vegetated buffers,
etc.) before entering the stream. R ease refer to the most current version of S~ormwater Best Management
Practices
25. B ri dge pi I es and bents shal I be constructed us ng dri ven pi I es ( hammer or vi bratory) or dri I I ed shaft
construction methods More sped fical Iy, j etti ng or other methods of pi le dri vi ng are prohi bited without prior
written approval from the NCDWR first.
26. No dri I I sl urry or water that has been i n contact wi th uncured concrete shal I be al I owed to enter surface
waters This water shal l be captured, treated, and disposed of properly.
27. A turbidity curtai n will be instal led in the stream if driving or drilling activitiesoccur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. Thi s condi ti on can bewalved with prior
approval from the NCDWR.

28. 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 the401 Certification has been completed.
29. Native riparian vegetation must be reestabl i shed in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
30. 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 wetl ands or streams, compensatory mitigation will be required since that i s a direct
impact from road construction activities.
31. 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 versi on of the North Carolina - %diment and Erosion
Control Planning and Design Manual.
b. The design, insulation, 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 %diment 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 Sirface Mining
Manual.
d. The recl amation measures and implementation must comply with the recl amation in accordance with
the requi rements of the Sedi mentati on Pol I uti on Control Act.
32. Sedi ment and erosi on control measures shall I not be pl aced i n wed ands or waters unl ess otherwi se approved
by this Certification.
33. North Fork ReddiesRiver isdassi fied by the NC Environmental Management Commissi on as Trout Jr),
High Quality Waters(HQW), and Water Supply II (WSI1). Therefore, stormwater shall be directed to
vegetated buffer areas, grass -I i ned ditches or other means appropriate to the site for the purpose of pre -
treed ng storm water runoff prior to discharging di rectl y into streams M owi ng of exi sti ng vegetated buffers i s
strongly discouraged.
34. 1 n- stream work and land disturbance within the 25 -foot buffer zone are prohibited during the trout -
spawni ng season of October 15 through Apri 1 15 to protect the egg and fry stages of trout.
35. The permittee shad use Desi gn Standards in Sensi tive Watersheds per 15A NCAC 4B. 0124[a] -[e].
However, due to the size of the proj ect, the NCDOT shat I not be requi red to meet 15A NCAC 4B .0124 (a)
regarding the maximum amount of uncovered acres Temporary cover (wheat, millet, or similar annual
grai n) or permanent herbaceous cover shat I be planted on al I bare soi I withi n 15 busi ness days of ground
disturbing activitiesto provideerosion control.
36. NCDOT shall be in compliancewith the NCS00250 issued to the NCDOT, including the applicable
requi rements of the NCG01000. PI ease note the extra protections for the sensitive watersheds
37. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas For the establ ishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soilswithin the riparian area and on disturbed
steep sl opes wi th the fol I owi ng excepti on. Erosi on control matti ng i s not necessary i f the area i s contai ned
by perimeter erosion control devices such as si it fence; temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, I ive stakes of native trees Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small ani anal s. For the establ i shment of temporary groundcover within riparian areas, hydroseedi ng along

with wood or cel I ul ose based hydro mulch applied from a ferti I i zer- and I i mestone -free tank is al I owabl a at
the appropriate rate in conjunction with the erosion control measures Discharging hydroseed mixtures and
wood or cel I ul ose mulch into surf ace waters i n prohibited. Riparian areas are defined as a di stance 25 feet
landward from top of stream bank.
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 theofficeof Administrative Hearingswithin sixty (60) daysof receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearingsduring normal office hours. TheOfficeof
Administrative Heari ngs accepts fi l i ngs Monday through Friday between the hours of 8:OOam and 5:OOpm, except
for offi ci a1 state hol i days The on gi nal and one (1) copy of the peti ti on must be f I ed wi th the Offi ce of
Admi ni strati ve Heari ngs
The petiti on may be faxed -provi ded the on gi nal and one copy of the document i s recei ved by the Offi ce of
Administrative Hearingswithin five (5) business days following thefaxedtransmission.
The mai I i ng address for the Office of Administrative Heari ngs i s
Office of Admi ni strati ve H eari ngs
6714 Mai I Service Center
Rai eigh, NC 27699-6714
Telephone: (919) - 431 -3000, Facsimile (919)-431 -3100
A copy of thepetition must also be served on DENR asfollows
Mr. Lacy Presnel1, General Counsel
Department of Environment and Natural Resources
1601 M ai I 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 -4951 or Dave.Wanud>[e-mail].
Si oerely,
�fhomas A. Reeder, Director
Division of Water Resources
cc: Andrew Williams, USArray Corps of Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Mike Pettyjohn, PE, Division 11 Engineer (electronic copy only)
Dave Wanucha NCDWR Winston Sal em Regional Office (electronic copy only)
Fi I e Copy