20081148 Ver 1_Approval Letter_20080811

wAT
p~pF
F9QG Michael F. Eastey, Governor
~ ~ William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
>_ ~
Q ~ Coleen H. Sullins, Director
Division of Water Quality
August 11, 2008
DWQ# 08-1148
Cleveland 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 25
linear feet (If) (inlet stabilization) and to temporarily impact 35 If (cofferdams) of Big Harris Creek, a perennial stream,
as described in your application received by the Division of Water Quality (DWQ) on July 25, 2008. The location of the
project is State Road 1813 (Shelby Road) in Cleveland County. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Numbers 3689. 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 will expire
with the associated 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified below).
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
listed in the attached certification and those listed below:
1. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
2. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
3. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
4. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided.
5. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
Noy°thCarolina
,11~a~ura!!y
Internet: www.ucwatergualitv.ora Customer Service 1-877-623-6748
An Equal Opportunity/Aff rmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Mike Holder, P.E.
Page Two
7. 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.
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.
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
11. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the
on-site project manager.
12. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.
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.
14. 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:
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
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.
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.
15. 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.
16. Upon completion of the project, the NCDOT Division Engineer 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.
17. 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.

Mr. Mike Holder, P.E.
Page Three
If DWO 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 accords;,ce with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify NCDOT and the USAGE, 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 USAGE 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 letter completes the review by 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,
~,~yey.~.--_.
for Coleen H. Sullins
Attachments
cc: Steve Lund, USAGE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy