20160807 Ver 1_Approval Letter_20161213

Environmental
Qua(iry
PAT MCCRORY
Go.cmor
DONAL.D R. VAN DER VAART
Setm�arv
JAY ZIMMERMAN
UWR L)IfV'CNf
December I3, 2016
Iredell County
NCDWR Project No. 20160807
TIP No. G5531
CORRECTION of APPROVAL of 401 WATF,R QUALITY CERTIFICATION, with ADDITIONAL
CONDITIONS
Mr. Erskine Smith, Town Manager
Town of Mooresville
P.O. Box 878
Mooresville, NC 281 IS
Dear Mr. Smith:
This 401 replaees the one issued on October 10, 2016. Yoa have our approval, in accordance with the conditions
listed below, for the followin� impacts for the purpose of sidewalk improvements in Iredell County:
Stream Impacts in the Catawba River Basin
Permanent Pill "1'emporary Fill Total Stream Stream Impacts
Bank in Perennial in Perennial Requiring
Site Stabilization Stream Stream �mpact Mitigation
(linear ft)
pinear ft) Qinear ft) (linear ft)
g_I 54 �4
S-2( um around im acts) �� ��
0
0
TOTAL 0 51 10� 0
Total Stream Impact for Project: IOg linear fee[.
DWR Mitigation Total: O linear feet
The project shall be construc[ed in accordance with your application dated reeeived August 18, 2016. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
IYumber 3885. "I'his certification corresponds to the Nationwide Permit 13 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Con[rol, Non-Dischar�e and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 perniit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you mi�st notify the NCDW R 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 total wetland fills for this project (now or in the f'uture) exceed one acre, or of total
—�'-Noihi�iq C:nrr3pares - .
State of North Cerolina I Envimmnental Qualiry
161 I Mail ServiceCenter I Ralaigh. North Carolina 27699-161 I
919-707 �)OUO

impacts to streams (now or ia the future) exceed 150 linear feet, compensatory mitigation may be requ'ued 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 attacl�ed certification(s} and any additional conditions listed below.
Condition(s) of Certification:
Project Specifc Conditions
1: Riprap shall nct be placed in the acfive thahveg channel or placed in the streambed in a manner that
p:e�ludes aquatic life passage. Bioengineering boulders or struc:ures should be propedy designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
2. For the 51 linear f et of s[ream being ia�pacted due to site dewatering activities, the site shall be graded
to i[s preconstrcction contours and revegetated with apprupriaie native species. []SA NCAC
02H.0506(b)(2);
3. At the end of each headwall, the stream bed shall be restored to allow the stream to access the culvert
and allow aquatic passage. My deviation from this will need on site approval from NC D WR. [15A
NCAC 02H.0506(b)(2)]
4. Native stream bed material excavated to install the headwalls shall be retained, stored separately from
other stockpiled material, and used to restore the streambed to proper elevation that allows for aquatic
passage. [15A NCAC 02H.0506(b)(2)]
5. The bypass pumping operation shall be maintained continuously during headwall construction.
Adequate back up measures, such as a back-up pump or extra pump capacity during a rain event, shall
be employed. All bypasses of the impervious dike are to be reported. The bypass pumps, if operated on
a float system, shall have fuel level monitored at intervals adequate to maintain pump viabiliry. lf
pumps aze not operated on a floxt system, pumps shall be checked more frequently, as to wrrespond to
fuel usage, to ensure pumn viability during weekends and holidays. [ISA NCAC 02H.0506(b)(31 and
(c)(3)]
General Conditions
1. Unless otherw;se approved in this cer[ificatioi�, plscement of culverts and other structures in open waiers
and sffeams 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 culveR diameter for culverts having a diameter '�
less than 48 inches, to allow Iew flow passage of water and aauatic life. Design and placement of
culverts and other.structures including temporary erosien control measures shall not be wnducted in a
manner that.may result in dis-equilibrium of wetlands or stre��nbeds or banks, adjacent to or upstream
and downstream of the above strucmres. The applicant is required to provide evidence tha[ the
equilibrium is being maintained ifrequested in wri[ing by NCDWR. Ifthis condition is unable [o be met
due to bedrock or other limiting features encountered during construction, please contactNCDWR for
� guidance on how to proceed and to determine whether or not a permit modification will be required.
[ISA NCAC 02H.0506(b)(2)]
2. If concrete is uszd during constr�ctioa, a dry work area sSall be maintained to prevent 3irect con,act
between curing concrete and stream watec Water that inadvertentiy contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish ki]Is. [15A NCAC 02B.0200]
3. During the consfitction of the project, no staging of equipment of any kind is permitted in waters of
� the U.S., or protecied riparian buffers. [ l5A NCAC 02H.0505(b)(2 j�
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed Foodpiauis and streams shall be restored te nanva[ geomorphic condi5ons. [15A NCAC
02HA506(b)(?.?l

5. The use of rip-rap above the Ncrmal High Water Mazk 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
� aquaiic liie passage. [15A NCAC 02H.0506(bj(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)l
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measu:es from the most current version of NCDOT Construc[ion and Maintenance Activities manual
suchas sandbags, rockbe:ns, cofferdams and other diversion snuctures shsll be used to prevent
excavation in 47owing water. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heav}• equipmentsha:l be operated from the banks rather than in the stream channel in order to
mir.imize sedirnentation snd :educe the introdaction of other pollutants into tl�e stream. [ 15ANCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface �vaters must be regulazly inspected and r.iaintained to
prevent contamination of stream waters from fuels, ]ubricants, hydraulic fluids, or other texic materials.
[15A NCAC 02H.0506(b)(3)]
10. _No rock,.sand or other materials shall be dredged from the stream channel except where authori�xd by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Dischazging hydroseed mixtures and washing out hydroseeders and other equipmen[ in or adjacent to
surface waters is prohibi[ed. [15A NCAC 02H.0506(b)(3)]
12. Thepermittae and�its autl�orized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resultir.g from compliance with §303(d) of the Clean Water
�� -� '' Act) and any other appropriate requirements of State and Federal law. If the NCDWR deiermines that
such.standards or.laws are not Ueing met (including the failure to sustain a designated or achieved use) or
- &�at State or federal law is beitig violated, or that fur[her conditions aze necessary tu assure compliance,
- the NCDVVR may reaval.iate aod modify this certificati�n. [ i5A NCAC 02B.0200]
l3. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
other�vise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copp of this Water Quality Certification shall be maintained on the conshvction site at all times. In
.additior.; thelUater Quality CeRification 2nd all subsequentmodifications, if ar.y, shall be maintained with
_. ._ ' . the Division Engineer and the on-site project manager. [1$A NCAG 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the wnstruction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior :o any ]and disturbing
� activities. Impacu to areas within the fencing aze prohibited unless otUerwise authorized by ihis
certi£cation. [15A NCAC 02H.0501 and .0502]
16. The issuance of th;s certificaticndoes 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 Perniittee shail repori any violations of this certification to the Division of Water Resources within
241�ours of dic���-r,ry. f 15A. NCAC 03� �SOo(b)(2)1
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the Town of
Mooresville shall cofnplete and rehun the ei�closed "Certification oi Comp!etion Form" ta notify th�
NCDWR wlien aIl work included in the 401 Cer?itication has been completed. [liA NCAC 02H.0502(fl�

19. Native ripzrian vegetation [ex. Salix nigra, Juncus (spp), Carex (spp), et al.] must be :eestablished in
the riparian azeas within [he construction limits of [he project by the end of the growing season following
completion of construction mus[ Ue raestablished in the riparian areas within the construction limits of ihe
project by the end of the growing season following completion of construction. [15A NCAC
02B.0231(b)(6)]
20. There sl�all be no excavation f-om, er waste disposal intu, iurisdicticnal wetlands or wzters associated
with this percnit without appropriate modification. Should waste or borro�v sites, or access :oads to wasie
or borrow sites, be located in wetlands or sheams, 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 goveming the
proper design, installation and operation and maintenance of such IIest 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 desi�ed, installed, operated,
and ,maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Con[rol Planning and Design Manun/.
b..� The design, installation, operation, and mainienance of the sediment and erosion cor.trol measures
must besuch.that they equal, or exceed, the requirements soecified in the most recent version of the
North Cnrolina Sediment and Erosion Control Mam�ol. The devices shall be maintained on all
construct:on sites, borrow sites, and waste pile (spoil) projects, inclading contractor-owned or leased
borrow pits associated with the projec[.
c. For borrow pit sites, [he erosion and sediment con[rol measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolrna Surface
Mining Manual.
d. The reclamation 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 measiues shall nM be placed in wetlands or waters uniess otherwise
approved by this CertiScatior.. [15A NCAC 02H.0506(1�){3) aad (c)(3)]
If you wish to con[es[ any statement in ihe attached Certification you must file a petiiion for an administrative
hearing. You may obtain the peti:ion form from the office of Administrative hearings. You must file the petition
with the office of Administrative ilearings within sixty (60) days of receipC of this notice. A petition is considered
filed when it is received in the etFice of Administrative Heazings during normal office hours. The Office of
Administrative Hearings acceuts 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 filzd with the Office of
Administrative Hearings.
The perition 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 Ihe faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Oftice 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
Depa��tment of Eavironmental Qu�liq�
1601 Mail Service Center
71iis letter canpletes the re"view ef [he Divisiou oi Watar Resources under Section 401 of the Clean Wzter Ac[. If you
have any questions, pleue con.act Dunna Hood at (7Q4)632-2839 cr donna.hood�a;ncdenr.gov.

Sincerely,_ �/� _
�'� , // r
�Gc�j/ ..�
� S. Jay Zimmetman, Diroctor
Division of Water Resources
Elechonic copy only distribution:
Steve Kichefsld, US Army Corps of EnBneers, Asheville Field Uffice
Trish Beam, Division 12 Environmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environmeii ta(
Quality
YC�WR Projec[ No.:
Applicant:
Froject Name:
Datc of Issuance of 401 Water Quality Certification:
Cou oty:
PA'I MCCRORY
� �u„�
DONAL,D R. VAN DI?R VAART
-,_��-i�u�
JAY ZIMMERMAN
o�,�s i ���r.�,�
Certificate of Com�letion
Upon completion of all work approved within the 401 Water Quality Certificatinn or applicable Buffer Rules, and
any subsequent modifications, thz applicant is rzquired to return this certificatz to the 401 Transportation Pennitting
Unit, North Czrolinz Civision of Water Resources, 1617 Mail Service Center, Rzleigh, N�, 27699-1617. This form
may be returned [o NCDWR by the aoplicant, Yhe applican['s authorized agent, or the projeet engineer. It is not
❑ece,sary [u send certificates from all af these.
Anp(ican['s Certifica(ion
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 sabstantial
compliance and intent of the 401 Water Quaiity Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's CertiJicatio�r
1, , hareby state that, to ihe best of my abilities, due care and diligenca
was used in the observation of the canstruction such that the construction �a�as observed to be built within substantial
compliance and in[en[ oi the 401 Water Quality Certitica[ion and Buffer Rules, the approved plans and
specifications, and ether supporting matzrials.
Signeture:
E�rgineePs Certificalio�e
Partia! Final
I, , as a duly registered Professionzl Engineer in thz Statz of North
Care!ina, h2vir.g been authorized to observe (periedically, weekly, full time; U`�e c�nstruc[ion of the pro;ect for the
Perrrittee hereby state that, to the best of my abilities, due care and diligznc� was used in rhe oUservation of [he
construction sucn tnat the construction was observed to be built within substantfal complfance and intent of the 40l
Water Quality Ceitifcation and Buffer Rules, the appmved plans and specifications, and other supporting materials.
Si�nature
D•a[e
Re,istration No.
'-�'Nothi�ig Compares -_,
Staleof Nort�i C�arolina I i�.IrvimpmtTtxi Q!i3tiN
16i 1 Maii Servlca Centar I Raleigh, ivorth lerollna 27694-101 i
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