20240895_Gaston_8_20_24_IP

Docusign Envelope ID: 7F318B54-D777-4773-BB74-825B8270824F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Ms. Elizabeth Bell, Project Manager
Town of Mount Holly
400 E. Central Ave.
Mount Holly, NC 28120
[e-mail]
NORTH CAROLINA
Environmental Quality
August 20, 2024
NCDWR# 20240895
Gaston County
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to Dutchman's Creek Greenway Phase 1 in the Town
of Mount Holly, Gaston County. NCDWR PROJECT No. 20240895
Dear Ms. Bell:
Attached hereto is a copy of Certification No. 6975 issued to the City of Mount Holly dated August 20, 2024. This
approval is for the purpose and design described in your application. The plans and specifications for this project are
incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the
Division and you may be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
[I 5A NCAC 02H .0507(d)(2)] This Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations.
This letter completes the review of the Division under section 401 of the Clean Water Act, 15A NCAC 02H .0500.
Please contact Mary Plummer at 704-235-2193 or Mary. Plummer0deq.nc.gov if you have any questions or
concerns.
Electronic copy only distribution:
Doug Perez, US Army Corps of Engineers, Charlotte Field Office
Rebekah Reid, US Fish and Wildlife Service
David McHenry, NC Wildlife Resources Commission
John McNulty, Kisinger Campo & Associates
File Copy
tee 1E
CMISV
ogers Jr., Director
Division of Water Resources
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: 7F318B54-D777-4773-BB74-825B8270824F
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and 15A NCAC 213.0243. This certification authorizes the City of Mount Holly to impact
143 linear feet of jurisdictional streams and 4,270 square feet of protected riparian buffers in Gaston County. The
project shall be constructed pursuant to the application dated and received July 1, 2024. The authorized impacts are
as described below:
Stream Impacts in the Catawba River Basin
Site
Temporary Fill
in Perennial Stream
Total
Stream
ImpacMitigation
Stream
Impacts
Requiring
Work Pad/Causeway
S1
47
47
-
S2
96
96
-
Totals
143
143
-
Total Stream Impacts for Project: 143 Linear Feet.
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
The application provides adequate assurance that the discharge of fill material into the waters of the Catawba River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated and received July
1, 2024. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 300 linear feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require
compensatory mitigation as described in 15A NCAC 213.0611(b)(2).
For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
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: 7F318B54-D777-4773-BB74-825B8270824F
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, 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. 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)]
4. 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)]
5. 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)]
6. 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. [ 15A NCAC 02H. 0506(b)(3)
7. 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, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. [ 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)
9. Turbidity curtains shall be used to isolate all work areas from the stream at Dutchman's Creek, including pile or
casement installation, placement of riprap, excavation or filling. Strict adherence to the Construction and
Maintenance Best Management Practices will be required.
10. DWR approves the stormwater drainage design as shown in the 401 application. These plans are enforceable by
DWR. Changes to the approved plans are prohibited without prior approval from DWR.
11. If sediment or other pollutants are found to be discharged from the stormwater outfalls, DWR may take
enforcement action. DWR shall assess the damage to water quality standards and implement.
General Conditions
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]
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: 7F318B54-D777-4773-BB74-825B8270824F
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. [15A 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
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 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. [I 5A 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 Engineer, Project
Manager (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]):
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: 7F318B54-D777-4773-BB74-825B8270824F
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. 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)]
17. 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)]
18. 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)]
19. 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)]
20. 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)]
21. 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)]
22. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A 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 .05061b)(3) and (c)(3) and 15A NCAC 02B .0200]
23. 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.
24. 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.
25. 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.
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: 7F318B54-D777-4773-BB74-825B8270824F
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 2H .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 15013-23(a).
This the 20th day of August 2024
DIVISION OF WATER RESOURCES
Signed by:
Susan, th&(t ff
04351F033762414...
Richard E. Rogers, Jr, Director
WQC No. 6975
North Carolina Department of Environmental Quality I Division of Water Resources
jgAN-3 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Docusign Envelope ID: 7F318B54-D777-4773-BB74-825B8270824F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
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
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000