20081426 Ver 1_Approval Letter_20080923

OF W AT F9 Michael F Easley, Governor
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William G Ross
r North Carolina Department of Environment and Natural Resources

p Coleen H Sullins, Director
Division of Water Quality
September 23, 2008
DWQ# 08-1426
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 35
linear feet (If) (10 If for increased culvert length, 15 If for armored scourhole, and 10 If for inlet stabilization) and to
temporarily impact 20 If (cofferdams) of an unnamed tributary to Buck Shoals Branch, a perennial stream, as described
in your application received by the Division of Water Quality (DWQ) on September 19, 2008 The location of the
project is State Road 1812 (Tutterow Road) in Iredell County After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Numbers 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 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 611 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
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 use of riprap above the normal high water mark shall be minimized Any riprap placed for stream stabilization
(armored scourhole) shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
3 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
4 No' r'ockY sand or other m'aterials shall be dredged from the stream channel except 11 where authorized by this
certification
Mailing Address Phone [phone] Location Not?t` hCarolin
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 Naturally
Mooresville, NC 28115 Mooresville, North Carolina
Internet www ncwaterauality ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr Mike Holder, P E
Page Two
5 Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided , 4 ,
6 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 - -
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 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
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 fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited
12 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,prolect manager
13 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
14 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
15 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
16 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)
Mr Mike Holder, P E
Page Three
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
'17, 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
18 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 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,

for Coleen H Sullins
Attachments
cc Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy