20170549 Ver 1_Approval Letter_20170510

ROY COOPER
Gurernor
MICHAEL S. REGAN
k•trr-run�
Environmentul S. JAY ZIMMERMAN
Urrrte�r
QUA�f(Y
May I 0, 2017
Burke County
NCD W R Project No. 20170549
Bridge 160 and 162 on I-40
TIP Project No. B-4447
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Philip S. Harris III, P.E.
NCDOT, Na[ural Environment Section
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the followine impac[s, for the purpose of
Bridge Replacemen[ in Burke County:
ream Imoacts in the Calawba River
Site Permanen[ To[al S[ream Stream
Fill in Impac� Impacts
Perennial (linear ft) Requiring
St rea m M itigat ion
(linear ft) pinear ft)
74 I 74 I 74
25 25 25
31 31
TOTAL I I30 I I30 � 99
Total Stream Impact tor Project: 130 linear fee[.
The project shall be constructed in accordance with your application dated May I, 2017. After reviewing your
application, we have decided thaf these impacts are covered by General Water Quality Certification Number 4093
and 409d. This certitication corresponds to the Nationwide Permit 23 and Nationwide Permit 33 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local pemiits before you proceed
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed reeulations. This approval will expire with [he accompanying 404 permit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your projec[ change, you mus[ notify the NCDW R and submi[ a new applica[ion. If the property is sold, the
new owner must be �iven a copy of this Certifica[ion and approval letter, and is [hereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the fumre) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be reyuired as
described in I SA NCAC 2H .Oi06 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certitication(s) and any additional conditions listed below.
State o(Nonh Carolina I Envimnmantal Quality
1617 Mad Service Centzr I Raleigh. North Carolina 27699-1617

Condition(s) of Certification:
General Conditions
1. iJnless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams 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 culvert diameter for culverts having a diameter
less than 48 inches, to allow low 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 to or upstream
and downstream 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 limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A 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(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. [15'A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark 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
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. The 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
(�)(2)l
7. 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 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
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.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
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) ofthe 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 this certification. [15A NCAC 02B.0200]

13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts 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, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. iJpon completion of the project (iricluding any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included 'in the 401 Certification has been completed. [15A NCAC
02H.0502( fl]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC
02B.0231(a)(6)]
20. There 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
or borrow sites, be located in wetlands or streams, 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 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 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certifcation. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. Compensatory mitigation for 99 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement
the mitigation for the project. The DMS has indicated in a letter dated Apri126, 2017 that they will

assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements
for the above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed
July 28, 2010.
[f 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 office 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 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 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 fa�ced transmission.
The mailing address for the Office of Administrative Hearings is:
Oftice of Administrative Heazings
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. Bill Lane, General Counsel
Departrnent of Environmental Quality
1601 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 questions, please contact Kevin Barnett at [phone] or [e-mail].
incerely,
�U.
S. Jay Zimme , D'uector
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer
Cazla Dagnino, NC Deparhnent of Transportation
Marla Chambers, North Carolina Wildlife Resources Commission
File Copy

Environmer�tc�l
Quality
NCDWR Projec[ No.:
Applican[:
Project Name:
Uate of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
rinrcr�urr
MICHAEL S. REGAN
s���,�r«�����
S. JAY ZIMMERMAN
r ��, << �,,,
Certificate of Completion
Upon comple[ion of all work approved wi[hin the 401 Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modifica[ions, the applican[ is reyuired to re[um [his certifica[e to the 401 Transportation Permitting
Unit, North Carolina Division of N�'ater Resources, 1617 Mail Service Center, Ralei�h, NC. 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the prolect engineec It is not
necessary to send certificares from all of these.
App�icar,r's ce.rijicario„
l, , 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 [o be buil[ within substantial
compliance and intent of the 40I Water Quality Cenitication and Buffer Rules, the approved plans and
specitica[ions, and other supportin� materials.
Signamre: Date:
Agen7'.s Certifrention
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the constructio� 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 supporting materials.
Sfgna[ure: Date:
Engineer'.� Cer�ification
Partial Final
I, , as a duly regis[ered Professional Engineer in [he State of North
Carolina, havina been authorized [o observe (periodically, weekly, fiill time) the construc[ion of the project for the
Permittee hereby state tha[, to the best of my abili[ies, due care and diligence was used in the observation of [he
cons[ruction such [hat the construction was observed [o be built within substantial compliance and in[ent of Ihe 401
Wa[er Quality Certitication and Buffer Rules, the approved plans and specifications, and o[her supportin� materials.
Si�na[ure
Date
Registration No.
Sta�z of Nonh Carolina I Environmzmal Qualiry
1617 Maii Service Cznter I Raleigh. Nonh Carolina 27699-1617