20160628 Ver 1_Approval Letter_20160625

Waier Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
liovemar
DONALD R. VAN DER VAART
���,����,.,�
S JAY ZIMMERMAN
lNrectnr
July 25, 2016
Burke County
NCDWR Pro�ect No 2016-0628
Bridge 21 on SR 1803
TIP Pro�ect No B-5398
APPROVAL of 401 WATER QUALITY CERTIFICATION w�th ADDITIONAL CONDITIONS
Mr Ph�ll�p S Harr�s III, P E, C P M., Natural Environment Sect�on Head
NCDOT,PDEA
1598 Mail Service Center
Rale�gh, North CaroLna 27699-1598
Dear Mr Harris
You have our approval, �n accordance wrth the condrtions listed below, for the followmg impacts for the purpose of
bridge replacement m Burke County
Stream Im acts m the Catawba River Basin
Srte Permanent Fill in Temporary F�II m Total Stream
Perenn�al Stream Perennial Stream Impact
Imear ft linear ft hnear ft
1 54 54
2 31
2
31
Total
31
130 130
184 215
Total Stream Impact for Pro�ect: 215 hnear feet.
The project shall be constructed m accordance with your applicat�on dated June 24, 2016 After reviewing your
application, we have decided that these �mpacts are covered by General Water Qualrty Cert�fication Number 3891
and 3893. This certiftcation corresponds to the Nat�onw�de Permit 23 and Nationwide Perm�t 33 issued by the
Corps of Engmeers In addrtion, you should acqu�re any other federal, state or local permrts before you proceed
w�th your pro�ect includmg (but not limited to) Sediment and Erosion Control, Non-D�scharge and Water Supply
Watershed regulat�ons This approval will exp�re w�th the accompanymg 404 permit.
This approval is valid solely for the purpose and des�gn described m your applicat�on (unless mod�fied below)
Should your project change, you must not�fy the NCDWR and submit a new appl�cation If the property �s sold, the
new owner must be g�ven a copy of this Certification and approval letter, and is thereby responsible for complymg
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 mrt�gat�on may be requ�red as
described m 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid, you must adhere to the
condrt�ons hsted m the attached certification(s) and any addrtional condrtions listed below.
Condition(s) of Cert�ficahon.
State of North Carolma IEnvironmental Quality � Water Resources
1617 Mail Service Center Raleigh, Norlh Carolina 27699-1617
Phone [phone]

General Conditions
1 Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one 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 low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent 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, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. 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]
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 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
��)�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, 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)]
8 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)]
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.
[15A NCAC 02H.0506(b)(3)]
10 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)]
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in 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 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]

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.0501 and 0502]
16 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.
17 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)]
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 wark included in the 401 Certification has been completed. [15A NCAC
02H.0502( fl]
19 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)]
20 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 [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 specif ed 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. �
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)]
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:OOam and 5•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 ongmal and one copy of the document is received by the Office of
Administrative Hearings within five (5) busmess days followmg the faxed transmission
T'he mailing address for the Office of Admmistrative Hearmgs �s•
Office of Administrative Hearmgs
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone], Facsimile [phone]
A copy of the pet�t�on must also be served on DEQ as follows:
Mr Sam M Hayes, General Counsel
Deparhnent of Envuonmental Quality
1601 Mail Service Center
This letter completes the review of the Drvision of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Kevm Barnett at [phone] or [e-mail].
Smcerely
���
S. J Zimmerman, Duector �
Drvision of Water Resources
Electromc copy only d�smbution
Lon Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Marla Chambers, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Apphcant.
Project Name:
Date of Lssuance of 401 Water Quality Certification.
COUIIt)'.
PAT MCCRORY
t,nvernnr
DONALD R. VAN DER VAART
,���, �-«.��
S JAY ZIMMERMAN
l)�reclnr
Certificate of Complet�on
Upon complet�on of all work approved within the 401 Water Quality Certificat�on or applicable Buffer Rules, and
any subseyuent modifications, the applicant is required to return this certificate to the 401 Transportation Perm�ttmg
Unit, North Carol�na D�v�sion of Water Resources, 1617 Ma�l Serv�ce Center, Rale�gh, NC, 27699-1617 Th�s form
may be returned to NCDWR by the applicant, the applicant's author�zed agent, or the pro�ect eng�neer It is not
necessary to send certificates from all of these
Applicant's Certifrcation
I, , hereby state that, to the best of my ab�l�t�es, due care and d�l�gence
was used m the observation of the construction such that the construct�on was observed to be built within substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
spec�ficat�ons, and other supporting materials.
Signature Date
Agen1's Certifieation
I, , hereby state that, to the best of my abilit�es, due care and diligence
was used m the observation of the construction such that the construct�on was observed to be built with�n substant�al
compl�ance and mtent of the 401 Water Quality Certificat�on and Buffer Rules, the approved plans and
specifications, and other supporting materials.
S�gnature� Date
Engineer's Certifreafion
Partial Final
I, , as a duly registered Profess�onal Engineer m the State of North
Carolina, havmg been authorized to observe (periodically, weekly, full time) the construct�on of the project for the
Permittee hereby state that, to the best of my ab�lit�es, due care and d�l�gence was used in the observation of the
construction such that the construction was observed to be built w�thin substantial compliance and �ntent of the 401
Water Qualrty Certification and Buffer Rules, the approved plans and specifications, and other supportmg mater�als
Signature
Date
Reg�strat►on No
State of North Carolina �Environmental Qual�ry I Water Resources
1617 Mail Service Center, Raleigh, NoRh Carolina 27699-1617
Phone [phone]