20071622 Ver 1_Approval Letter_20071002

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~QF W A rF9Q Michael F. Easley, Governor
~O ~i William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
p ~ Coleen H. Sullins, Director
Division of Water Quality
October 2, 2007
DWQ# 07-1622
Lincoln County
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total
of 170 linear feet of streams and temporarily impact a total of 30 linear feet of streams as listed in the table below:
Location Stream Name Stream T e Len th of Im act T e of Im act
Site #1 15 Unnamed Tributary to Perennial 50 linear feet for increased culvert length Permanent
Ballard Creek
Site #1 1S Unnamed Tributary to Perennial 30 linear feet for cofferdams Temporary
Ballard Creek
Site #2 2" Unnamed Tributary to Intermittent 120 linear feet for spring relocation Permanent
Ballard Creek
The impacts will be for the purpose of paving an unpaved road as described in your application received by the Division of
Water Quality (DWQ) on September 25, 2007. The location of the project is State Road 1365 (Hunter Rhyne Road) in
Lincoln 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:
Placement of culverts and other structures in waters, streams and wetlands must be 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. 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.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 30l
Internet: h2o.enr.state.nc.us Mooresville, NC 2811 S
Phone [phone]
Fax [phone]
No°e hCarolina
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Mr. Mike Holder
Page Two
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.
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. 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.

Mr. Mike Holder
Page Three
16. 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.
17. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion" form to notify DWO when all work included in the 401 Certification has been completed. Please include
photographs upstream and downstream of the structure to document correct installation.
18. 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 1508
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 704-663-1699.
Sincerely,
~~
for Coleen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy