20161075 Ver 1_Approval Letter_20161230

En vironmen tal
Quality
PA'I��MCCRORY
��nvCr.;n
UONAI.D R VAN D�R VAART
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IAY IIMML-RMAN
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Decem6er 3Q 201G
Catawba County
NCDWR Projecl tio. 20I610i5v.1
SR146R Exr from US 70 to >Rl OG�
TIP No. U-5510
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mc Mazk Staf.`ord, P.E., Division Enginecr
iJCD�T, Divisiun 1=
P O Box 47
Shelby, NC 28 1 5 1-0047
Dear Mc Stafford:
You have our approval, in accordance wi[h the conditions listed below, for the following impacts for the purpose of
extending SR1468 from US 70 to SR1005 in Catawba County:
�ite
stabiliza�
I (pump
Total
�ennanent Fiil in
i'er�r�ii�� �:rean
(linrar �t)
203
75
in the Catawba River Basin
Temporary Fill in
Perrn�iai 5tream
(lii�ea�- f. j
m
i o[al Stre:�m � Sirenm
�l:�l'da"Y � ;IR��Bi'tS
(lincai� ft} ' Reyairiux
I MitiQation
(lincar ft)
263 26;
75
18
356
Total Stream Impact Tur Project: 356 linear feet.
Stream Mitigation total: 263 linear feet
263
l-he project shall be constructed in accordance with your application dated received November 2, 2G 16. AfYer
rzviewing your application, we have decided that these impacts are covered by Ceneral Water Quality Certifica[ion
Number 3886. T6is cenification correspond� to [he Nationwide Permit 14 issued by the Corps of En�ineers. In
addition, you should acquire any other federal, state or local permits before you proceed wirh your project includine
(but not limited te) Sediment and Erosien Contro!, Non-Discharge and 1��ater Si�pply Watershed re�uladoos. fhis
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
" �'i�athiaig Compares - _
SEat ol North C3rulina I Errmnmcn[al Q�alslV
I h I� N!aii 4 rv:a Cer�e� i Rn!e �h, Ner'.h ��;plina 275yq_i r.l i
�Iy 70'-?bUll

Should your project change, you must notify the NCDWR 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 tl�e conditions. If total wetland fills for this project (now or in the funue) ezceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in I SA 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:
ProjeM Spccific Conditions
1. Channel relocations shall be completed and stabilizsd, and approved on site by NCDWR staff, prior to
diverting water into the new chaonel. Natural stream bed material will be salvaged from excavation of the
existing stream, slockpiled separately, and subsequently reused as native stream material for the bed of the
newly relocated stream. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank
stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated
buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and any calculations used to determine the e�ctent of rip-rap coverage requested. Once
the stream has been turned into the new channel, it may be necessary ro relocate stranded fish to the new
channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)
2. Riprap shall not be placed in the active thaiweg channel or piaced in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be propedy designed, sized
and installed. [ I SA NCAC 02H.0506(bx2)]
3. For the linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [ISA NCAC 02H.0506(bx2)]
4. T'he stream channel shall be excavated no deeper than tl�e na[ural bed material of the stream, [o U�e
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks. as well as to
vzgetation responsible for maintaining the sueam bank stability. ��y applicabie riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. ( I SA NCAC
02H.0506(b)(2)]
General Conditions
1. Unless otherwise approved in this certification, placement of culverts and other struchues in open waters
and sheams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter grearer than 48 inches, anA 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow lew 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 ro or upstream
and do�mstream 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 limi[ing features encountered during consavction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[ I SA NCAC 02H.0505(b)(2)]
2. If concrete is used during wnstruction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream watec Water that inadvertently contacts uncured concrete shall
not be dischaz•ged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [ISA 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(bx2)]
4. 'fhe dimension, pattem and profile of the stream above and below the crossing shall not be modi6ed.
Disturbed floodola:ns and sheams shall bc restored to natural geomorphic conditions. [ I SA NCAC
Q2H.0506(b)(2))

5. The use of rip-rap above the Normal High Water Mark shall be minimized. My rip-rap placed for
stream stabiliution shali be placed in stream channels in such a manner that it dces not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. 1'he Permittee shall ensure [hat the fmal design drawings adhere to the permit and to the permit
drawings submitted for approvaL [ I SA NCAC 02H .0507(c) and t 5,4 NCAC 02H .0506 (b)(2) and
(�)(2)7
7. All work in or adjacent to stream waters shall be conducted in a dry work azea. Approved BMP
measures from the most current version of NCDOT Conshuction and Maintenance Activities manual
such as sandbags, rock berms, cofferclams and other diversion structures shall be used to prevent
excavazion in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equiprnent shall be operated from the banks tather than in the stream channel in order to
minimize sedimentation and reduce the inhoduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipmeot operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricanu, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(bx3)]
10. No rcek, sand or other materials shall be dredged from the stream channel except where authorized by this
certificatioa [ISA NCAC 02H.0506(bx3)]
11. Dischazging hydroseed mi�ctures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [ I SA 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 requiremenu resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal iaw. If the NCDWR determines that
such s�ancia�ds or laws are not being mel (including ihe failure to suslain a designated or achieved use) or
that State or federal law is being violated, or that further conditions aze necessary to assure compliance,
the NCDWR may reevaluate and modify this certificafion. [ 15A NCAC 02B.0200]
13. Ail fiL' slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this ceRification. [15A NCAC 02H.0506(b)(2)]
14. A copy ef this Water Quality Certification shall be maintained on the constructien site at all times. In
additioa, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer a�d the on-site project manager. [15A NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (b)(2) anJ (c)(2)1
15. The outside buffer, wetland or water boundary located within the construction comdor approved by this
authorization shall be cleazly marked by highly visible fencing prior to any land disturbing
activities. Impac[s 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, srormwater management
rules, soil erosion and sedimentatii�n control requiremenu, etc.
1?. TFe Fermittee �hall report any violations of this ceitificatior to the Jie'is;an of �Vafer Resources within
24 hours of discovery. [15A NCAC 02BA506(b)(2)]
1 A. Upon completion of the project {including any impacts at associated borrow or waste sites), the NCDQT
Divisiun Engineer shall complete and return the enclosed "Certificacion of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.OSQ2(t)]

19. Native ripazian vegetation (eg. Salia nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in
ll�e ripazian areas within the conslruction limits of tlre project by the end of the growing season following
completion of consWctioa [15A NCAC 02B.02"s 1(bj(6)]
20. 7'here 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
ot borrow sites, be located in wetlands ar streams, compensatory mitigation will be required since that is
a direct impact from road constrvction activities.[15A NCAC 02H.0506(bx3) and (cx3)]
2 L Erosion and sediment control practices must be in full compliance with al. specifications governing the
proper design, installation and operation and mxintenance uf such Best Management Practices in order to
protect surface waters standazds [15A NCAC 02H.0506(bx3) and (c)(3]):
a. The erosion and sediment control measm�es 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 Plannrng and Design Manual.
b. T'he 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 Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) proj..cts, including contractoo-owned or leased
borrow pits associated with the project.
c. For bortow 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. Ttie teclamation measures and implementation must comply with the reclamation in accordance
with the requirements 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. [ I SA NCAC 02H.0506(b}(3) and (c)(3)]
If you wish to contest any statement in the attached Certification yon must file a petition for an administrative
hearing. You may obtain the petition fortn from the office of Administrative heazings. 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 Adminishative k�earings during nornal office hours. The Office of
Administrative Hearings accepts filings Monday thtough Friday between the hours of 8:OOam and S:OOpm, except
for of6cial 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.
7'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephene: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Iiayes, General Counsel
Department of F.nvironmental Quality
I607 M1tail Serv�ce Center

This letter completes the review of the Division of Wate: Resources under Sectioa 401 of the Clean Water Act. If you
have any quesrions, please contact Donna Hood at [phone] or [e-mail].
Sincerely,
� /����
�q S. ]ay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division ]2 Eavironmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

En viron rnen Ca I
Quality
NC64�'R Project No.:
,4pplicant:
Project Name:
Date of Issuance of 401 Water Quality Certificaticn�
County:
k'A7' MCCRORY
DUNALD R. VAN DF,R VAART
1AY /Ih1MGRMAN
Certificate oT Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer ftules, ai�d
any subsequent moditicatiors. thz applicant is required to remm this certificare to the 401 Transpor[atior Per,r.itting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fomi
inay be retu�r,ed to NCDWR by the applicant, the applican�'s aathorized aKent, or the project enginee�. It is not
necessary to send certificates from all of these.
App(icani's Cerl�cation
I, , hereby state that, ro the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and inten[ of the 401 Water Quality Certitication and [3uffer Rules, the approved plans and
specifications, and other supportin� materials.
Signature' . Date'
.tigent's �er:ificaiicn
�, , hereby state .hat. to the best of my abilities, due care ard dilioence
was used in the observation of the consttuction such that the construction was observed to be built within substantiai
compliance and intent ef the 40 i Watzr Quality Certificatim� 2nd Buffer Ru!es, the approved plar.s zrd
specitica[ions. and other supporting materials.
Sigrature: Datr.
Ettgineer's Cerlificafion
Partial Pinal
�, , a� a duly re,�istered Professional Enaineer in the State of No:th
Caroliaa, harng been authorized to observe (periedic111y, weekly, ful! time) the construetion ef the prejecr fcr Yhe
Permittee herehy sta[e that, to the best o[ my abilines, due care and diligence was used in the observanon of the
conshvciion such that the con,truction was observzd to be ouil� wiihin substantial compliance and inient of the 401
Water Qcality Certiticaticn and Buft'er Rules, the zppreved plans and specifications, and other supporting materials.
Signature
Da�e
Registratiur \o.
'� Nathinq Cnro�rares . -
;tate ar No�;h Ca;olma �, Ilnvi�eniren[cl Qualiti
Ibi 1 ytzil 3s�vice Centm'I At.le���c, Nnrth Carahn� 27h99-i6t I
q;� 7�)' t��nr�