20161154 Ver 1_Approval Letter_20161209

Water Resourc es�
ENVIRONMENTAL OUPLITY
I'A'I' MCCRORI'
I��)NALD It. VAN DHR VAART
ti. JAY ZIMMERMAN
December 9, 2016
Surry County
NCD W R Project Nu. 2016 i 154
Brid�e 7_03 SR 1338
Project No. 17.BP.11.R.I i 5
4PPROVAL of 401 WATER QUALITY CERTIFICATION, with AQDITIONAL CONDITIONS
Mr. Heath Slaughter
NCD07 Division l l Environmental Ofticer
801 Sta[esville Road
North W ilkesboro, NC 28659
Dear Mc Slaughter.
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 203 over Fisher River (Index No. 12-63-I; WS-II; Tr, HQW) with another bridge on Hidden
Valley Road (SR 1338) in Surry Cou�ty:
Si:e
S[ream Im
Permanent Fili in
Perennial Stream
(lioenr R)
in the Yadkin Pee Dee River Basin
Temporary Fill in
Perenoial Stream
(linear ft)
70
Total Stream
impatt
(lincar ft)
123
123
Total Stream Impact for Project 123 linear feet.
Siream Impacts
Reqniring
Mitigation
The projac[ shall Se cons[ructed in accordancc with your applieation da[ed November 23, 2016. After reviewing
yeur spplication, �re have decided [hat Ihese impacts are covered by General Wa[er Quality Certification Number
338?. This certification co;responds to the Nationwide Permit 3 issued by the Co�s of P;ngineers. In addition, yoa
should acquire any other federal, s[ate or local permi[s before you proceed with your project including (bu[ not
limited [o) Sedimen[ and Erosion Control, Non-Discharee and Water Supply Wa[ershed reeulations. This anproval
will expire with the accompanying 404 pennit.
This approval is valiA snlely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDW R and submit z new application. lf the property is sold, the
new owner nmst be given a copy of this Certification and approval letter, and is thereoy responsible for complying
with all the conditions. ;f rotal wetlard fills for this project (now or in the fumre) eaceed one acre, or of total
impac[s ro streamc (now er in the future) exceed 1�0 linear feet, compensatory mi[igz[ion may he required as
described in I SA NCAC 2H .05p6 (h) (6) and (7). For this approval to remain valid, you must adhere to the
rooditions Iisted in!he attached certification(s) and any additienal conditions listed be!ow.
Condition(s) of Certifcation:
Frnject S�erfic C .nditivas
S't.nc ot nl;irth l'arolina '�Enrironmcma: I)aaLrv I V.•a:er Reauunes
1617 i�ad Servine �en'i>r. R;.ieiyh. Ivonh C3rollna [i63SI617

1. This project has the potential to impact trout waters or other aquatic species of concern. No construction
activicies shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC
determine that a moratorium is applicable then the requirements of any moratorium(s) shall be a condition of
this 4U1 Certification. lf the NC,DOT does not wish to honor the moratorium, then a written modification shall
be submitted. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
req�siremen±s of the NCGOI Ov00. Des:gr; Star.dards ir. Sensitive �r'atersheds shail be observed � 15A NCAC
�B.0 124[a]-[e]).
3. Stormwater.shall be directed to vegetated buffer areas; grass-Iined ditc?�es or otl�er means appro�riate to ihe site
ior tne purpose of pre-treating storm water runoif prior to discharging directly into streams. Mowing of existing
- vegetate� buffers is strongly discouraged. [15A NCAC 02B.0224 and 0225]
_4.� .�is a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
- accomplished in stric� compliar�ce with the most rzcent version ofNC�i70T's Best Management Practi�es for
,Construction �nd Maintenance Activities. [1�A NCAC 02H .0507(d)(2) a�nd 15A NCAC 02H .0506(U)(5)]
5:- T'he post-construction removal oi any temporary bridge structures must return the project site to its
_.. _. preconstructio�7 c�ntours and eie�ations. The impacted areas sha]I b� revegetated w;th appropriatz native
snecies. [15A NCAC 02H .0506(b)(2)]
6. All bridge construction shal: be performed from the existing bridge, tem�orary work bridges, temporary
causeways or dikes. [I SA NCAC 02H .0506(bl(3)]
7. 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.
[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
_._�. _ No clrill sh�rry or water that has been in contact with unct�red concrete shall be allowed to enter surface waters.
_ "I'his watPr sha1� b��caprarPd, *_reNte�i, ard dis�nse� c�f pro�erly. f?.5A NrAC 02H .�5�6(b)(31
General Conditions
1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
- _� streams shall be placed belozh� the elevaiion of±he streambed Uy en� feot for ai! culver'�s with a diameter geate:
_ . _ than 48 inches,.and 20 percent.of the culvert diameter for culverts having a diameter less than 48 inches, to allow
_. � law flow. passage of water. and aquatic life. Desi�n and placemznt of cuive�-ts and otrier structu:es including
� t�r:►porary erosion control measares shall not bE canducted in a ma:uier that may result i,-� dis-equilib:ium of
- wetlands or streambeds or Lanks, adjacent to or ups�eam and d��vnstream of the above st�uct�u•es. Ti�e 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 encoimtered during construction,
please contact NCDWR for guivance on haw to proceed and +o deterr.iine �vhether or not a permit Fnodification
will be required. [? SA NCAC 02H.0506(�)(2)] _
2. -If cnncret� is used during construction, a. dry wark area shall be maintained to prevent direct contact betv✓een �..
curing concrete and strearn water. Water that inadvertently contacts uncured concrete snall not be discharged ` ��
�� to surface waters due to the potential for el.,��ated pH and possible aquatic life and f sh kills. [15A NCAC
Q2B.020Q] � - • -
3. During the cor.structien of the praject, no stagina of Pquipment of ar.y kind is perm:tted in vraters of the U.S.,
ar protecte� riparian buffers. [ 15A NCAC C2I:.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
02EI.�SC�6i�ii?1l

5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shail be placed in stream channels in such a manner that it does not impede aquatic life passage.
[15A NCAC 02H.0506(bl(21]
6. T'he Permittee shall ensure that the fmal 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)]
7. All wo:k ir. or adjacent to strea�r �vaters sh�ll be coi�ductzd in a dry ;�or% a.rea. Approved LMP measures fraro
ihe most c:urent version of NCDOT Coiistruction and nfaintenance Activities marnaa? such as sandbags, rock
benns, cofferdams anci oth�r d:version strucrares shall be used te prevent excavation in fiowing ��ater. [15fi
NCAC 02H.0�06(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the bariks rather than in the stream channel in order to minimize
s�dimentation and red�ace the ir�trosiuction of ather pollutants into thz stream. [15A NCAC 02H.OSQ6(b)(3)1
9. Ali mechanized equinment operated tiear suriace waters musi be regulariy inspected and mainiained to prevent
contamination of stream waters from fuels, lubrican±s, hydraulic fluids, or other �o�:ic materials. [15A I�TCAC
02H.0506(b)(3)]
�._. _... 10.._No.rock,.sand_or__.other materials shal: bc dredged from the stream channel except where authorized by this ._...
certification. [15A NCAC 02H.0506(bl(3)1 _.
�� 1 i: D'.scharging hydraseed mixtures and washing out hydroseeders ard other equipment in or adjacent ta 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
thic certification. [] SA NCAC 02B:0200]
13. All till slopes located in iuris�ictional �vetlands shall be placed at slopes no flatter than 3:1, unless otherwise
�utharized �y ihis �ertifcatio: .[15f: ATC��C O�H.0�05�}(2)]
14. A copy of this Water Quality Certification shull be ma;ntained on the construction site at all times. In addition, the
Water Quality Certification and a11 subsequent moditications, if any, shall be maintained with the Division Engineer
and the on-site project manag�r.. [? SA NCAC 02H .0507(c) �;ic! 15A NCAC 02H .CSOo (b)(2} nrid (c)(2)]
1�. The outside bu�er, wetland oi wat�r b�undar; loczted wiihin the construetion corridor approved by this
authorizat;on.shal: be clearly marked by highly visible fencing prior to any land disturbing activiti.,s. In.pacts to
areas withi�.the fencing are prohibited unless otherwise authar;zed by this certification. [15A NCAC 02H.0501
and .0502]
16. The issuance of this ceriificatioa does not e;cem�t the Permittee fron complying with any and ail statutes, rules,
regulations, or ordinances.±hat may be imposPd by other government agencies (i.e. local, state, and fe�eral) having
_ jr,risdicrion, ir.cluding but not limited to ap�licab�e buffer rules, stormwater man_agement rul�s, soi] erosion and
sedimentation control requir�ments, etc.
�� 17. The Permittee shall rzport ai�y violations of this certification to the Division �f �'Vater Resources within 24 hours
of discovery. [15A NCAC U2B.0506(b)(2)]
1$. TJpor, compietien ofthe project (in�luding any impacts at associated bo:row or v�aste sites), the NCI�OT Division
Engineer (ar appointee) shall complete and ;�turn the enclosed "Certification of Completion For:n" to notify th�
- N�.;L`�JF� ��rh�ri al! w�r:: ircl��e� i�� the 4C�1 C�r�i�ication � as beer. cc�mplece�. [I�A NCA� 42:I.��O�(+��
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the proiect
�; the ent� o� the grow:ug seascn ��l�o:vi�ig carraptetioii of �ons�ractio�.[15A PdCAC �2H.5C6(blt;)�
2U. There shall be no excavati�n from, or Naste dispos�.l into, j��risdictional wet!ands �r v✓aters asscciated with this
pei�n�t �vitr��u± apprepria+e mo�if�cation. Sl�ou'td �vaste cr ba�row s�tes, or access roa�s to waste c; borrow sites,

be located in wetlands or streams, compensatory mitigation will be requ'ved since that is a direct impact from road
conswction ac[ivi[ies.[ 15A NCAC 02H.0506(bx3) and (cx3)]
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 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 desip,ned, installed, operated, and
maintained in accordance with the most recent version of ihe North Caro[ina Sediment and Erosion Control
Planning and Design Mawual.
b. The design, installation, operation, and maintenance of die sediment and erosion wntrol measures must be
such that they eyual, or exceed, ttte requirements specified in the most recent version of the North Carolina
Sediment and Erosion Contro! Manual. The devices shall be maintained on all construction sites, botrow
sites, and waste pile (spoil) projecu, including contractor-owned or leased borrow pits associated with the
projed.
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 Manunl.
d. The reclamaHon measures and implementation must comply with the reclamation in accordance with the
requ'vements of the Sedimentation Pollution Control 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(bx3) and (cx3)]
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 otfice 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 tivough Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Administrative Hearings.
The petitior, may be faxed-provided the original xr.d one copy of the documen: is received b, the Office of
Administrative Hearinqs within five (5) business days following the faxed Vansmission.
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
Department of Em'vonmental Qualiry
160] 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 quesrions, please contact Dave Wanucha at [phone] or Dave.Wanucha(a�ncdenr.eov
Sincerely
%,��i �i���-z-�
� " S. Jay "Limmerman, Director
Division of Water k�sources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
tifarella Auncick, US Fish snd Wildlife Service
Mazla Chambers, NC Wildlife Resources C.ommission
File Copy

Water Resources
ENVIRONMENTAi OO/1LII V
NCDWR Froject No.:
Applicant: _
Project Name:
Date of Issuance of 401 Water Quality Certitica[ion:
County:
I' V1' MCCROKI'
I)ONAI.0 K. V�W DP:R VAART
S. J,1Y RIMMI?RMAN
Certificate of Completiun
Upon comple[ion of ell work approved wi[hin [he 401 Water Quality Certif:catiun o: applicabie Buffer Rules, and
any subs2quent mudifications, the applican[ is required to retum this certificate to [he 301 Transporta!ion Permitting
Unit, Nurth Carolina Di�isimi of N'ater Resuurces, 1G17 Mail Service Ccnter, Raleigh, NC, 27699-161?. "Chis for.�i
ma-y be rs[urned to `JCCWR by the applican;, the applicarY; authcrized agent, m� the projeci engirecc It i; no;
necessary to ser�d czrtificates from all of thase.
App(icanPs Certiftcaliofi
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construaion 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
specifica[ions, and o?her c;�P�orting materials.
S�gna[ure: ^vate:
Agznt's Certifrr�tion
�, , hereby state that, to !he best of my abilities, due care and diligence
was used in the oose�va[ion of the constructiun such Ihat the construction was observed tu be built wiihin subsiantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules. the approved plans and
specifications, and other supporting materials.
Signature:
F.ngineer's Certifrcarion
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, tiill tfine) the construction of the project for the
Pertnittee hereb/ st2te that, to the besS of my abilitiec., due care and diiigence was used in Che observatioe of the
construction such [hat the construction was observed to be built within subs[an[ial compliance and intent ofthe 401
Water Quality Certitica:iun nnd Buffei Rules, the approved plans and apecifica[ions, and uther supporting materials.
Si�nature
Date
RegisVation Nc.
Sata n(North Carollno Irevlromrcninl O:uL1� I Wahr Rcsuureu,
i6i7 MHiI gar�'�e Cenler, Fale�ah. Nonb CTrobna 275P9-1d17
Fi�ons� 57^20�-fiaJC