20080886 Ver 1_Approval Letter_20080626

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North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality
June 26, 2008
DWQ# 08-0886
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 20 linear feet (If) (10 If culvert extension and 10 If for riprap bank stabilization) and to temporarily impact
10 If (for a temporary cofferdam) of an unnamed tributary to Fourth Creek, a perennial stream which is 303d
Listed for turbidity, to replace an existing, deteriorating culvert as described in your application received by the
Division of Water Quality (DWQ) on May 29, 2008, and additional information received June 25, 2008. The
location of the project is State Road 2173 (James Farm Road) in Iredell County. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3704. 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 the conditions in the attached certification and those listed below:
Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of
the streambed by one (1) 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 for low flow passage of water and
aquatic life, as well as prevent headcutting of the streams. The design and placement of culverts and other
structures including temporary erosion control measures shall be installed in such a manner that the original
stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions (including pattern and profile) are to be maintained above and
below locations of each culvert. The applicant may be required to provide evidence that the equilibrium has
been maintained, if requested in writing by the DWQ.
2. The floodplain bench located at the downstream end of the culvert must be removed and properly
reconstructed, as indicated in the additional information provided on June 25, 2008, in order to provide
stream stability and maintain the natural stream dimension.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: www,ncwaterquality.org Mooresville, NC 28115
Phone [phone]
FAX [phone]
N ehCarolina
Noaturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Mike Holder, P.E.
Page Two
3. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions.
Riprap placed for bank stabilization should be limited to the stream bank below the high water mark and
vegetation should be used for stabilization above the high water mark.
4. Erosion and sedimentation control measures, structures, and devices shall be planned, designed and
constructed to provide protection from the runoff of the 25 year storm which produces the maximum
peak rate of runoff as calculated according to procedures in the United States Department of
Agricultural Soil Conservations Service's "National Engineering Field Manual for Conservation
Practices" or according to procedures adopted by any other agency of this state or the United States
or any generally recognized organization or association.
5. Heavy equipment must be operated from the banks rather than in the stream channel, when possible, in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
6. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
7. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
8. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
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.
10. All work shall be performed during low or normal flow conditions.
11. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is strictly prohibited.
12. 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 water standards:
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 specified in the most recent version of the North
Caroline Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites and waste (spoil) pile 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.
13. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
Mr. Mike Holder, P.E.
Page Three
14. 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.
15. 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.
16. 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 150B 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 letter 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
Water Quality Certification No. 3704
a. 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)
projects, including contractor-owned or leased borrow pits associated with the project.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971,
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times, except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS-I, WS-I1, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other
sediment and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval by the Division. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released the project.
4. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
Water Quality Certification No. 3704
Water Quality Certification No. 3704
In watersheds classified as: ORW, HQW, Tr, WS-I, and WS-II, compensatory stream
mitigation may be required at a 1:1 ratio for not only perennial but also intermittent stream
impacts equal to or exceeding 150 feet, unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made by the
Division for any application to use this Certification. Design and monitoring protocols shall
follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines
(April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted
for written Division approval as required in those protocols. Alternatively, the Division will
accept payment into an in-lieu fee program or credit purchase from a mitigation bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public whenever practical or at
the earliest reasonable time during the construction of the project. Proof of payment to an in-
lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
11. For all activities requiring re-alignment of streams, a stream relocation plan must be included
for written Division approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for permanent bank stabilization shall be limited to native woody
species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot
wide vegetated buffer on both sides of the relocated channel to the maximum extent
practical. A transitional phase incorporating appropriate erosion control matting materials
and seedling establishment is allowable. Rip-rap, A-Jacks, concrete, gabions or other hard
structures may be allowed if it is necessary to maintain the physical integrity of the stream,
however, the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage. Please note that if the stream relocation is
conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington
District, April 2003 Stream Mitigation Guidelines, the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a
Stormwater Management Plan in accordance with the version of Stormwater
Management Plan (SMP) Requirements for Applicants other than the North
Carolina Department of Transportation posted on the Division web site at the time
of application shall be provided for any project that meets both of the following two
criteria:
i. Requires this 401 Water Quality Certification, (regardless of whether
written authorization is required by the Division), AND
Water Quality Certification No. 3704
Water Quality Certification No. 3704
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.uslncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
19. This General Certification shall expire three (3) years from the date of issuance of the written
approval from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit 14 or Regional General Permit 198200031. In accordance with General
Statute 136-44.713, certifications issued to the NCDOT shall expire only upon expiration of the
federal 404 Permit. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re-application and re-approval to use this Certification for the specific
impacts already approved.
20. The applicant/permittee and their authorized agents shall conduct all 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 Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity , if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Water Quality Certification No. 3704