20080417 Ver 1_Approval Letter_20080311

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Michael F. Easley, Governor
William G. Ross Ir., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 11, 2008
DWQ# 08-0417
Iredell 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 250 linear feet (If) of Lake Norman along Interstate 77 (Iredell County) in order to stabilize the road
embankment as described in your application received by the Division of Water Quality (DWQ) on March 7,
2008. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3693. 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 is valid solely for the purpose and design that you described in your application (unless modified
below) and will expire with the associated USACE 404 permit unless otherwise specified in the Water Quality
Certification. 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 tale conditions in the attached certification and those listed below:
1. Riprap placed for bank stabilization shall be limited to two (2) feet above the full pond elevation (760').
Vegetation shall be used for additional stabilization from this point landward.
2. Tree removal shall be conducted manually and the tree stumps left in place at a height of two (2) inches
above grade in order to provide some additional bank stabilization and potential tree revegetation.
3. Jute matting and a native seed mix shall be installed over the soil anchoring chain link mesh embankment
stabilization system.
4. Floating turbidity curtains shall be utilized during construction.
5. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
6. 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.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: www.ncwaterc~uality.org Mooresville, NC 28115
Phone [phone]
FAX [phone]
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Mr. Mike Holder
Page Two
7. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is strictly prohibited.
8. 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.
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please
include photographs upstream and downstream of the structure to document correct installation.
10. 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 1506 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 fetter completes the review of 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