20150035 Ver 1_Approval Letter_20150116

47
RCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Pat Ivey, P.E.
Division 9, NCDOT
375 Silas Creek Parkway
Winston Salern, North Carolina, 27127
Donald van der Vaart
Secretary
January 16, 2015
Rowan County
NCDWR Project No. 15 -0035
SR 1221 Relocation
TIP W-5516
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Ivey:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
relocation of Old Beattie Ford Road from Lentz Road to Bostian Road near China Grove/Kannapolis in
Rowan Comity:
Stream Imt)acts in the Yadkin River Basin
Site
Permanent
stream Impact
Intermittent
(linear ft)
Temporary
stream Impact
Intermittent
(linear ft)
Permanent
Stream
Impact
(linear ft)
Temporary
Stream
Impact
(linear ft)
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear ft)
Section 1
169
61
--
230
169
Section 2
--
--
229
31
259
228
Section 3
196
19
215
196
Section 4
18
0
18
0
Section 6
235
23
258
235
Section 7a
--
--
123
32
155
0
Section 7b
Total
118
287
23
84
--
800
105
141
1276
0
828
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N, Salisbury St. Raleigh, North Carolina 27604
Phone: 919. 8o7µ63001 FAX: [phone]
Internet: vvwvv.ncvvateMuaIi!y.qM
An Equal opportunity k Affirmative Action Employer
One
NorthCarofina
Naturally

Wetland Impacts in the Yadkin River Basin
Site
Fill
Fill
Excavation
Total
Total
(ac)
(temporary)
(ac)
Wetland
Mitigation
(ac)
Impact (ac)
Required
(ac)
Site 2
<0.04
0
0
<0.04
0
Site 5
0
0
0.02
0.02
0
Total
<0.04
0
0.02
<0.06
0
The project shall be constructed in accordance with your application dated received January 13, 2015.
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:
1. 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. This includes interior and exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
2. The area immediately adjacent to the stream located in the work area should be matted or
covered (at minimum) prior to rain events. 15A NCAC 02H .0506 (b)(3) and (c)(3)
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. 15A NCAC 02H .0506 (b)(3)
and (c)(3)
4. Rock ladder construction if necessary. The "steps" shall not exceed six (6) inches in height. 15A
NCAC 02H.0506 (b)(2)
5. 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. 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. I5A NCAC 02H .0506(b)(3)
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. 15A NCAC 02H .0506(b)(3)

7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross
section (unless otherwise approved by this certification) as closely as possible including pipes or
barrels at flood plain elevation and /or sills where appropriate. Widening the stream channel should
be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic
life passage. 15A NCAC 02H.0506(b)(2)
8. 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)
9. Bridge deck drains shall not discharge to waters. 15A NCAC 02H .0506(b)(5), 15A NCAC 02H
.0507(d)(2)
10. 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)
11. 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. [I 5A
NCAC 02H .0506(b)(3)
12. 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. 15A NCAC 021-1,0506(b)(3)
13. 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)
14. 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)
15. 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)
16. 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)
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. 15A NCAC 02H.0506(b)(3)
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: I, unless
otherwise authorized by this certification. 15A NCAC 02H.0506(b)(2)
19. In Accordance with 15A NCAC 02H .0506 (h), compensatory mitigation shall be required for the
losses of =/> 150 if of stream and or =/> 0.10 acre or wetlands. `Mitigation be shall be provided
for the proposed impacts as specified in the table below. The Division has received an acceptance
letter from the NC Ecosystem Enhancement Program (EEP) dated November 4, 2014 to meet this
mitigation requirement. Until the EEP receives and clears your payment, and proof of payment

has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Authorization Certificate authorizes payment to the EEP to
meet the following compensatory mitigation requirement:
20. 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
21. At locations where ponds will be drained, proper measures will be taken to drain the pond with
limited impact to upstream and downstream channel stability as well as to native aquatic species.
Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream
as a result of pond draining. If typical pond draining techniques will create significant disturbance
to native aquatic species, additional measures such as collection and relocation may be necessary to
prevent a significant fish kill. The permittee shall observe any natural channel re- establishment, or
utilize natural channel construction techniques, to ensure that the jurisdictional stream channel
above and below the drained pond remain stable, and that no additional impacts occur within the
natural stream channel as a result of draining the pond. 15A NCAC 2H.0506(b)(3)
22. Native riparian vegetation is recommended to be reestablished in the riparian areas within the
construction limits of the project by the end of the growing season following completion of
construction.
23. The Permittee shall report any violations of this certification to the Division of Water Resources
within 24 hours of discovery.
24. 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)
25. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer (Pat Ivey 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. 15A NCAC 02H.0502(f)
26. 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.
Compensatory
Mitigation Required
River and Sub -basin
Number
Stream
828 linear ft.
Yadkin (03040105)
Wetlands (riparian)
0 acres
Wetland (non - riparian)
0 acres
20. 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
21. At locations where ponds will be drained, proper measures will be taken to drain the pond with
limited impact to upstream and downstream channel stability as well as to native aquatic species.
Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream
as a result of pond draining. If typical pond draining techniques will create significant disturbance
to native aquatic species, additional measures such as collection and relocation may be necessary to
prevent a significant fish kill. The permittee shall observe any natural channel re- establishment, or
utilize natural channel construction techniques, to ensure that the jurisdictional stream channel
above and below the drained pond remain stable, and that no additional impacts occur within the
natural stream channel as a result of draining the pond. 15A NCAC 2H.0506(b)(3)
22. Native riparian vegetation is recommended to be reestablished in the riparian areas within the
construction limits of the project by the end of the growing season following completion of
construction.
23. The Permittee shall report any violations of this certification to the Division of Water Resources
within 24 hours of discovery.
24. 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)
25. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer (Pat Ivey 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. 15A NCAC 02H.0502(f)
26. 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.

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 8:00arn 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; (919)-431-3000, Facsimile: (919) - 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Departmentof 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 Alan Johnson at [phone] or
[e-mail].
Sincerely,
S. Jay Zimmerman, Acting Director
Division of Water Resources
Attachments
Electronic copy only distribution:
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Amy ELIliss, Division 9, Environmental Officer
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Maria Chambers, NC Wildlife Resources Commission
Alan Johnson, NC Division of Water Resources, MRO

Table from cover letter for stream Impacts:
Table 1.2: impact and mitigation totals for W -5516 in Rowan County
`Unimportant streams don't require mitigation from the USACE
'Temporary impacts require mitigation from either USACE or OWR
Total I Inear feet of stream mitigation required by USACE with ratio 1076
Total linear feet of stream mitigation required by DWR 828
Impacts
Requiring
Stream
USACE
USACE
DWR
Permit Site
Name /1D
Permanent
mitigation
Mitigation
Impacts requiring
mitigation
Temporary
No.
PacketiD
I/P
Impacttvpe
Irn acts ft
ft
Ratio
DWRmitigation
ratio
lm acts
Mo Town
1
Branch /SC
pipe
158
158
11
158
1:1
61
UT to Town
bank
1
Branch /SC
I
stabilization
11
0
11
1:1
Town Branch/
2
SA
P
pipe
140
140
2:1
140
1:1
31
Town Branch/
bank
2
SA
P
stabilization
BB
0
88
1:1
Ur to Town
3
Branch SB
p
Pipe
182
182
2:1
182
1:1
19
UT to Town
bank
3
Branch /513
P
stabilization
14
0
14
1:1
Coldwater
4
Creek SG
P
ditch
18
18
2:1
0
UTto Cold
Water Creek/
pipe and
6
Si
i (unimportant)
ditch
223
0
223
1:1
23
UT to Cold
Water Creek/
bank
6
Si
( unim octant'
stabilization
12
0
12
14
UT to Cold
Water Creek/
7a
SE
p
pipe
79
79
2:1
0
32
UT to Cold
Water Creek/
bank
7a
SE
P
stabilization
44
0
0
UT to Cold
Wate r Cree k/
7b
5F
I
pipe
80
80
1:1
0
23
UT to Cold
Water Creek/
bank
7b
SF
1
stabilization
38
0
0
Totals
1087
657
828
O'
Table 1.2: impact and mitigation totals for W -5516 in Rowan County
`Unimportant streams don't require mitigation from the USACE
'Temporary impacts require mitigation from either USACE or OWR
Total I Inear feet of stream mitigation required by USACE with ratio 1076
Total linear feet of stream mitigation required by DWR 828

NCDENR
Pat McCrory
Governor
NCDWI2 Project No.:
Applicant:
Project Name:
Bate of Issuance of 401 Water Quality Certification:
County:
Donald van der Vaart
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 4101 Transportation Permitting.
Unit, North Carolina Division of Water Resources, 1650 Mail 'Service Center, Raleigh, NC, 27699 -1650. This farm
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
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: Date:
Agent's Certification
1, , hereby state that, to the best ofrny 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:.
Engineer's Cerlrfication
Partial Final
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 _ _.._- ._........_ Registration No.
Date
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet: www,ncwateMuality oM
An Equal Opportunity 4 Affirmative Action Employer
Nor
One
,•, ivlirall ''