20201585 Bridge 254 Iredell Co_GP50_11_30_23

DocuSign Envelope ID: 9E9F9529-024A-44OC-A84D-64F92FEOEDD5
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrector
NORTH CAROLINA
Environmental Quality
November 30, 2023
Iredell County
NCDWR Project No. 20201585
Bridge 254 on SR 1512
WBS Element No. 17BP.12.78
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Jeffrey L. Wyatt, Environmental Officer
NCDOT Division 12
PO Box 47
Shelby, NC 28151-0047
Dear Mr. Wyatt:
You have our approval, in accordance with your application dated October 24, 2023, and with the conditions listed
below, to impact Third Creek as part of a bridge replacement project on Wood Bridge Road (SR 1512).
Perennial Stream Impacts (linear feet of fill) in the Yadkin Pee Dee River Basin.
Site
Permanent
Temporary
Stream Impacts
Requiring Mitigation
Bank Stabilization
1
40
-
-
2
8
-
-
3
-
10
Totals
48
10
0
Total Stream Impact for Project: 58 linear feet.
After reviewing your application, we have decided that the proposed impacts are covered by General Water Quality
Certification (GC) Number 4135. This GC corresponds to US Army Corps of Engineers Regional General Permit
201902350. 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 corresponding 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 tenth acre, or of total
impacts to 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).
If you are unable to comply with any of the conditions of the Water Quality General Certification or with the
additional conditions, you must notify the DWR Transportation Permitting Branch within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the NC Division of Water Resources any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or
y E�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9E9F9529-024A-440C-A84D-64F92FEOEDD5
wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee became aware of the non-compliance circumstances.
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. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current
version of NCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)]
2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. The post -construction removal of any temporary bridge structures/causeways must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated (where practicable) with
appropriate native species. [15A NCAC 02H .0506(b)(2)
4. Stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate within the
project area for the purpose of pre -treating storm water runoff prior to discharging directly into streams. (15A
NCAC 0213.0224 and .0225)
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 buffers, etc.)
before entering the stream. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
General Conditions
1. 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]
2. 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.
[I5A NCAC 02H.0506(b)(2)]
3. 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)]
4. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I 5A NCAC 02B.0506(b)(2)]
5. 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)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9E9F9529-024A-440C-A84D-64F92FEOEDD5
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]
8. 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)]
9. A copy of this Water Quality Certification shall be always maintained on the construction site. 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)]
10. 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]
11. 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.
12. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or appointee) 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)]
13. Native riparian vegetation 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 02H.0506(b)(3) and (c)(3)]
14. 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)]
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 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.
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.
16. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be
removed, and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and (c)(3)]
North Carolina Department of Environmental Quality I Division of Water Resources
jgAR-3 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9E9F9529-024A-440C-A84D-64F92FEOEDD5
17. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter I I3A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the
control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur.
[15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
18. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control
Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned
or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of
erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites,
the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and
implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as
Primary Nursery Areas (PNAs), SA, Trout, WS-1, WS-11, High Quality Waters (HQW), Outstanding Resource
Waters (ORW), or 303(d) Impaired Waters, then the sedimentation and erosion control designs shall comply with
the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC
02H.0506(b)(3) and (c)(3); GC 4135]
19. DWR approves the stormwater drainage design as shown in the 401 application, under the assumption that it
meets the requirements of the NCDOT NPDES permit #NCS000250. These plans are enforceable by DWR.
Changes to the approved plans are prohibited without prior approval from DWR. If sediment or other pollutants
are found to be discharged from the stormwater outfalls, DWR may take enforcement action. NCDOT and DWR
shall assess the damage to water quality standards and implement an appropriate action plan to address the
impacts. The action plan shall provide an appropriate timeline for implementation as agreed upon by both DWR
and NCDOT. This may require NCDOT to obtain a modification to its current 401 and 404 permits.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 211.0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
North Carolina Department of Environmental Quality I Division of Water Resources
jgAR-3 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9E9F9529-024A-440C-A84D-64F92FEOEDD5
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Mary Plummer at 704-235-2193 or MM.Plummerndeq.nc.gov if you have any questions or
concerns.
L 7
d by:
4F4DD2F21 EA846E...
Richard E. Rogers Jr., Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Rebekah Reid, US Fish and Wildlife Service
David McHenry, NC Wildlife Resources Commission
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
jgAR-) 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9E9F9529-024A-44OC-A84D-64F92FEOEDD5
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrector
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
Date of Issuance of 401 Water Quality Certification:
County:
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 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
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
I, , 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:
Agent's Certification
Date:
I, , 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:
Engineer's Certification
Partial Final
Date:
I, , 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
Permiee 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
Registration No.
Completed hard copies can be emailed to [e-mail] or mailed to:
NCDEQ Transportation Permitting
1617 Mail Service Center
Raleigh NC 27699-1617
North Carolina Department of Environmental Quality I Division of Water Resources
:DE
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000