20191362 Ver 2_Approval Letter_20220811

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August 11, 2022
Stanly County
NCDWR Project No. 20191362v.2
Bridge 162 on SR 1923
State Project No. SF-830162

APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS

Mr. Joel Howard, PDEA Engineer
NCDOT, Division 10
716 W Main St
Albemarle, NC 28001

Dear Mr. Howard:

You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing bridge 162 on SR 1923 (Old Cottonville Road) in Stanly County:

Stream Impacts in the Yadkin-PeeDee River Basin
Temporary Permanent Temporary
Permanent Fill Stream Impacts
Bank Fill in Fill in Fill in Total Stream
in Intermittent Requiring
SiteStabilization Intermittent Perennial Perennial Impact
Stream Mitigation
(linear feet)Stream Stream Stream (linear ft)
(linear ft)(linear ft)
(linear ft)(linear ft)(linear ft)
1 (bent protection)770
2 (stream relocation)77770
3 (bridge replacement)1751750
4 (utility open cut,
19190
dewater)
TOTAL777001942780

Total Stream Impact for Project: 278 linear feet.
Stream Impacts Requiring DWR Mitigation: 0 linear feet
Stream Impacts Requiring USACE Mitigation: 85 linear feet

The project shall be constructed in accordance with your application dated received July 15, 2022. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
GC4135. This certification corresponds to the Regional General Permit 50 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
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
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with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to perennial streams (now or in the future) exceed 300 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.

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 pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. \[15A NCAC 02H.0506(b)(2) and (b)(3)

2. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation
used for bank stabilization shall be limited to native riparian vegetation, and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage
requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded
fish to the new channel to prevent fish kills. \[15A NCAC 02H .0506(b)(3)

3. 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. \[15A NCAC 02H .0506(b)(2)

4. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
for Construction and Maintenance Activities. \[15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506(b)(5)\]

5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
NCS000250 \[delete if non-DOT project\], please refer to the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Toolbox manual for approved
measures. \[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)\]

6. 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. \[15A NCAC 02H.0506(b)(2)\]

7. 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. This includes ground water and/or
surface water pumped out of casements as bents are being poured. \[15A NCAC 02H .0506(b)(3)

8. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. \[15A NCAC
02H .0506(b)(3)

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9. 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. \[15A NCAC 02H.0506(b)(2)\]

10. For the 96 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species. \[15A NCAC 02H.0506(b)(2)\]

General Conditions

1. 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 NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
\[15A NCAC 02H.0506(b)(2)\]

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. \[15A NCAC 02B.0200\]

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. \[15A NCAC 02H.0506(b)(2)\]

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. \[15A NCAC
02H.0506(b)(2)\]

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. \[15A NCAC 02H.0506(b)(2)\]

6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. \[15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)\]

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 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. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]

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. \[15A NCAC
02H.0506(b)(3)\]

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.
\[15A NCAC 02H.0506(b)(3)\]

10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. \[15A NCAC 02H.0506(b)(3)\]

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11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. \[15A NCAC 02H.0506(b)(3)\]

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. \[15A NCAC 02B.0200\]

13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. \[15A NCAC 02H.0506(b)(2)\]

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. \[15A NCAC 02H .0507(c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)\]

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. \[15A NCAC 02H.0501 and .0502\]

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. \[15A NCAC 02B.0506(b)(2)\]

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. \[15A NCAC
02H.0502(f)\]

19. Native wetland and riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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. \[15A NCAC 02B.0231(b)(6)\]

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.\[15A NCAC 02H.0506(b)(3) and (c)(3)\]

21. 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 \[15A NCAC 02H.0506(b)(3) and (c)(3\]):

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.

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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.

22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. \[15A NCAC 02H.0506(b)(3) and (c)(3)\]

23. With the issuance of this 401 certification, the DWR approves the stormwater drainage and treatment
designs as shown in the roadway plans and permit drawings submitted as part of the 401 application,
which are incorporated by reference and are enforceable by the DWR. Significant modifications to the
way stormwater is managed and conveyed, any outfalls, or stormwater control measures represented in
the roadway plans or permit drawings after issuance of this 401 certification are prohibited without prior
approval from the DWR.

24. In the event that discharges of sediment or other pollutants from the drainage system outfalls are found
by DWR to cause or contribute to a violation of surface water quality standards, DWR may take
enforcement action, or NCDOT and DWR shall conduct an assessment and implement the appropriate
standards violation. Implementation of such best management practices shall be made within a
reasonable timeframe as agreed upon by NCDOT and DWR; and may require NCDOT to obtain a 404
Permit from the Corps and a 401 Certification from the DWR.

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 8:00am and 5:00pm, 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: [phone], Facsimile: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center

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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 Amy Chapman at [phone]or [e-mail].

Sincerely,

Richard E. Rogers, Jr., Director
Division of Water Resources

cc:
Eric Alsmeyer, USACE Raleigh Regulatory Field Office (via email)
Dave McHenry, WRC
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