20160137 Ver 1_Approval Letter_20160503

Water Resources
ENV!RONMEN7AL OUALITY
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1)UN��I,f) K. �'��N UI;I: V��AR'T�
S. JAY 'LIMMERMAN
May 3, 2016
lredell County
NCDWR Project No. 20160! 37 v.1
Bridge 69 on NC 1 15
TIP Project No. B-4766
APFROVAL of 401 WATER QUALITY CERTIFICAT[ON with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment S:,ction Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conuitious Iisted belc,w, for t;ie following impacts for the purpose of replacing Bridgz
69 on NC 115 in [redell County: �
Stream Impacts in the Yadkin-P�eDee River Basin
� Permanent I+�ll Temporary FSII Permanent Fill Temporary Fill Stream Impacts
Bank Total Stream
in Intermittent in Irftermittent in �'erennial in Perennial Requirir,g
Site Stabilization �rnpact
Stream Stream Stream Stream 1VHtigation
(linear ft) (linear ft)
(linear ft) (linear ft) (linear ft) � (linear ft) (linear ft)
1 120 72 72 0
2 10 98 20 118 98
0 0
0 0
TOTAL 130 0 0 98 92 190 98
Total Strea� Impact for Project: l90 linear feet.
The project shall be constrt!cted in accordance with your application da±ed received March 23, 2016. After reviewing your
a�piication, we have decided that these impacts are covered by General Water Quality Certification Numbers 3885, 3891, and 3893,
This certification corresponds to the Nationwide Permits 13, 23, and 33 issued by the Corps of Engineers. In addition, you should
acquire any other federal, state or local pernlits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approvai will expire with tne accompanying 404
permit.
This appr�val is valid solzIY� ior the purpose a:�� ciesign des�ribed �n yout- anpli�at�ar lunt�ss moaif�vd relowj. ShoisiG yoa, p�•c��et.t
State of North Carolina �,Environmeotal Quality I �✓ate� Resocrces
1Si7 �dail Senice �ente�, Raieiaii, Nurh Carolina 27o9S-161;
Fhor.a yi5-BG?-5300

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 properiy 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 impacis 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.
Condition(s) of Certification:
Projeet 5pecific Conditions
1. As pertains to impact Site 2: Pipe should not be buried, but laid on grade. Conditions and existing steep topography at Site 2
would cause destabilization with a very small Right of Way to allow repair. Advanced site review supports exemption from
pipe burial at Site 2. Citation: General Condition (1) of thz 401 permit. [15A NCAC 02H.0506(b)�2)]
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. [I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
3. 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. Please refer to the most current version of Stormwater Best Management Practices. [ISA NCAC �J2H .0507(d)(2)
and 15A NCAC 02H .0506(b)(5)]
4. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise
approved by this certification. [I SA NCAC 2B.0233(6)]
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall
be placed be;ow the elevation of the streambed by one foot ioi all culverts with a diametei greater tha� 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to a11ow low flow passage of water and
ac�uaiic Iifz. Design and place�neni ai culverts and other struc�ures including temporary eros;o�i control m�asures si-,all not
be conducted in a manner that may result in dis-�quilibrium of wetlands or streambeds or banks, adjace:�t 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, pleas� contact NCD�VR for guidance on how to proceed and to det�r.nine
whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. If concrete is used durir.g 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 fmal design drawings adhere to the permit and to the permit drawings submitted for
apnraval. [15A NCAC 02H .C507��) anu 15A N�A� O�H .OSCf (b)(2) and (a)(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, roak berms, cnfferdams
and other diversion structures shall be used to prevent excavation in flawing v�ater. [15A NCAC 02H.U506(b)(3) and
(c)(3)]

8. Heavy equipmer.t 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 ins�iecied and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
? 0. No rock, sand or other materials shal! be dredged from the stream ch�nnel except wher� authoriz�d by this certificatior..
[15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipmer.t ir. 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 otl-ier 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.050 i and .0�02]
16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations,
o� ordinances inai r�iay oe imposed by other gove�i7-neiit agencies (i.e. local, state, and fede�al} 1-iavu�g jur;sdictior�, inciudiiig
but not limited to applicable buffer : ules, stormwater management rules, soil erosion and sedimentation control requirements,
etc.
17. The Permittee shall report any violations of this certification tc the Division of V6'ater 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( fl]
19. Native 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. [ISA
NCAC 02B.0231(b)(6)]
20. 'There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit
withcut appropriate modification. Sl-iculd waste or bo�row sites, or access roads to waste o: bor:ow sites, be located ir.
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 Pract;ces in order to protect surface waters standards
[15A NC'AC �2Ei.0�Ob(b1�3 j and (c)f3]�:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in
acccrdance with the most recent version of the North Carolina Sed.iment ancl Erosion C_nnt�•ol 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 Cvntrol �fanual. The devi�cs 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 Sedsmentation Pollution Cor.trol 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)]
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 oftice 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 o�ce hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:OOam and S:OOpm, 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. Sam M.Hayes, General Counsel
Uepartmeirt uf Environmenial Quality
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 Donna E�ood at [phone] or [e-mail].
Sincerel ,
/ �
� S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division 12 Environmental Officer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Chambers. N� VVildl:fe Resources Cocnmi�sion
File Copy

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Water Resources
ENVIRONMENT.4L �UALITY
NCDWR Project No.:
Applica�t:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
I'.-A"I ��11� �'I�OIZ1`
l)(>I�' \f.li K. V,1N I>I;l� VAART
ti. JAY 'I,IMMF,RMAN
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, ±he applicant is required to return this certificate to the 401 Transportation Permitting
Unit, Na �h Carafina �iv�sicn cf �'�'ater Resources, 1617 Ma:! Service Cert�r, Ral:,igh, NC, 27599-161?. This fo;�r�
may be returned to NCDVb'R by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send cer±ifi�ates 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 anr_i intent of the 401 Water Quality Certification and Buff�r Ri�les, the approved plans and
specifications, and other supporting materials.
S;�c:a�ure: ��t:;:
Agertt's Certification
[, , 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 �Vater Quality Certification and Buffe: Rules, the approved plans and
s}�eci ications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
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
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construciion such that the construction was observed to be built within sabstantial complia��ce and ir�tent of the 401
Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Rejistration No.
State oF North Czrolina !Enviror,mental Quality i, bVat�r Rasoarces
1017 Mail Service Center, Raleigh. North Carolina 27699-161;
�I�one: 919-80i-5300