20170626 Ver 1_Approval Letter_20170717

ROY COOPER
(,�,irrnur
MICHAEL S. REGAN
�.,,rr„ �
S. JAY ZIMMERMAN
Environnten (ui p��.E•� �,,,.
Quality
July 17, 2017
Union County
NCD W R Project No. 20170626v. I
Pipes 189 on SRI I28
State Project No. 176P10.0 I
APPROVAL of-t01 WATER QU.4LITY CERTIFICATION, with ADDPPION.AL CONDITIONS
Mr. Louis Mitchell, PE
Division En�ineer
NCDOT, Division 10
716 Wes[ Main S�ree[
Albemarle, NC ?8001
Dear Mr. Mitchell:
You have our approval, in accordance with the conditions listed below. for the followin� impacts replacin� pipes
189 on McWhorter Road (SRl 128) in Union County:
Siream Impac[s in lhe Catawba Rirer Basin
Permanen[ Fill 'I�emporer�� hill Permanent Fill Temporary FII Stream Impac[s
Total 5[ream
Bank in Intermitten[ in Intermit[ent in Perennial in Perennial Requiring
Im �act
Sitc Stabilization Strcam Strcam Stream 5tream ���near R) Mitigation
(linear fp (linear Pt) pinear fY) pinear k) (linear R)
SI I?0 16 192 ?08 0
5? i 15 �0 0
0 0
0 0
TO'fAL I20 5 15 16 192 228 0
Total Stream Impacl for Nrojech ?28 linear feet.
Wetland Impacts in the Catawba River f3asin
Fi11 Tocal lm�racts
k:xcavation Mechanized Rand
tiire Fill (ac� (tempirary) We[land Requiring
(ac) Clearing (ac) Clearing (ac)
�Ai) Im�ct(ac) M1titigation(ac)
W I 0.01 U.01 0.(N)
�y� UAI U.01 0.(x)
O.IA) O.00
o.a� o.iro
r�cai o.oi o.00 o.00 aoo o.oi o.02 0.00
Totul Wetland Impact for ProjecL• 0.02 acres.
The project shall be constructed in aceordance with your application dated received May ?2, 2017. After reviewing
State ol Nonh Carolma I Emironmental Rualit�
I t,17 Mail Scrvme Center I Raleigh, Nonh Carohna D6Y9-1617

your application, we have decided that these impacts are covered by General Water Quality Certification Number
4085 and 4087. This certification corresponds to the Nationwide Permit 3 and Nationwide Permit 13 issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This 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).
Should your project change, you must notify the NCDW R and submit a new applicatioa 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of rotal
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(s) and any additional conditions listed below.
Coodition(s) of Certification:
Project Specific Conditioos
I. The NCDOT Division Environmental O�cer or Environmental Assistant will conduct a pre-construction
meeting with aIl appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the pertnitted site. NCDWR staffshall be invited to the
pre-construction meeting. [ISA NCAC 02H.0506(bx2) and (b)(3)
2. Turbidity curtains shall be used to isolate all work areas from the stream at Waxhaw Creek, including pile
or casement installation, placement of riprap, excavation or filling. Strict adherence to the ConsWction
and Maintenance Best Management Practices will be required. Sediment and Erosion Control 15A NCAC
02H .0506 (bx3) and (cx3)
3. This project has the potential to impact trout waters or other aquatic species of concem (federally
endangered Lasmigona decorate). No conslruction activities shall begin until the NCWRC makes a
determination regarding moratoria. Should the NC WRC determine that a moratorium is applicable then
the requirements of any moratorium(s) shall be a condition of this 401 Certification. If the NCDOT dces
not wish to honor the morarorium, then a written modification shall be submitted. Trout Waters/Other
Species of Concem [15A NCAC 02H A506(bx2) and 15A NCAC 04B.0125]
4. Unless 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, ro 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 down stream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by the NCDWR. If [his condition is unable to be met due to bedrock or other limiting
features encoun[ered during wnsWction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [ I SA NCAC 02H.0506(bx2)]
5. [f multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
swctures typically decreases water velociry causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [ I SA NCAC 02H.0506(b)(2)]
6. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bicengineering boulders or structures should be properly designed, sized and
installed. [ 15A NCAC 02H.0506(bx2)J
7. For the 207 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated wi[h appropriate native species. [ISA NCAC 02H.0506(b)(2)]

8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacu to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. My applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [ I SA NCAC
02H.0506(bx2)]
Generel Conditions
Unless 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 culveR 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 conduc[ed in a
manner that may result in dis-equilibrium of weUands or streambeds or banks, adjacent ro or upstream
and downstream of the above strucnves. 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 featutes encountered during wnstruction, please contact NCDWR for
guidance on how to proceeA and to detertnine whether or not a permit modification will be requ'ved.
[ I SA NCAC 02H.0506(bx2)]
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 inadvertenNy contacts uncured concrete shall
not be discharged ro surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [ 15A NCAC 026.0200]
3. During the conswction 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. The dimension, pattem and profile of the sueam above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ I SA NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. My rip-rap placed for
stream stabil'vation shall be placed in stream channels in such a manner that it dces not impede
aquatic life passage. [ I SA NCAC 02H.0506(bx2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drewings submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and
(�XZ)1
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 ConsWction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used ro prevent
excavation in flowing water. [ I SA NCAC 02H.0506(bx3) and (cx3)]
8. Heavy equipment shall be operated from the bar�ks 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(bx3)]
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(bx3)]
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)]
I l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506@x3)]

12. The permittee and its authorized agents shall conduct its activities in a manner consis[ent with State water
qualiry 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 NCDWR detertnines 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. [ISA 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 certificatioa [15A NCAC 02H.0506(bx2)]
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 managec [ 15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) and (cx2)j
15. The outside buffer, wetland or water boundary Iceated within the wnstruction corridor approved by this
authoriTation shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacu to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ISA NCAC 02H.0501 and .0502]
16. The issuance of this certification dces not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and
federal) having jurisdiMion, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. 'I'he Pertnittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [ 15A NCAC 02B.0506(bx2)]
I S. Upon completion of the project (including any impacu at associated bo�row or waste sites), the NCDOT
Division Engineer shall complete and rehun 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(�]
9. Native riparian vegetation must be reestablished in the riparian areas within the constrvction limits ofthe project
by the end of the growing season following completion of construction. [ I SA NCAC 02B.0231(ax6)]
10. 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 si[es, 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 activiHes.[15A NCAC 02H.0506(bx3) and (cx3)]
19. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operatian and maintenance of such Best Management Practices in orcler to
protect surface waters standards [15A NCAC 02H.0506(bx3) and (cx3j):
a. 7'he 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 Carolrna Sedrment and
Erosion Con[rol Plannirtg and Desrgn Manual.
b. T'he desigy 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 Condo! Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow piu assaciated 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 Surjace
Mrning Manual.
d. 7'he reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless othenvise
approved by this Certification. [15A NCAC 02H.0506(bx3) and (cx3))

21. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at
site of the turbidiry curtain downstream of the work area, it shall be removed and the natural g�ade
restored upon completion of the project. [ I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administra6ve
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petidon
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 Adminislrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. 7'he original and one (1) copy of the petition must be filed with the Office of
AdministraHve Hearings.
T'he petition may be faaced-provided the original and one copy of the document is received by the Office of
Adminishative Heariugs within five (5) business days following the faxed transmission.
The mailing address for the Ofiice of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6'I14
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Depardnent of Env'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of [he Clean Water Act. If you
have any questions, please contact Joanne Steenhuis at [phone] [e-mail].
' cerelyr
�
S.1ay Zi rtnan, Dire or
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Env'vonmental O�cer
Mazella Buncick, US Fish and Wildlife Service
Mazla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy

Envu��onmenfa(
Qualrty
NCDWR ProjeM No.:
Applican[:
Project Namc:
Date of Issuance of 401 Water Quality Certification:
Cuunty: _
ROY COOPER
c„rlrmn�
MICHAEL S. REGAN
Scv�etar,-
S. JAY ZIMMERMAN
n;,,,,<�,
Certificate of Completion
Upon compleiion of all work approved within the 401 Warer Quality Certification or applicable Buf7er Rules, and
any subsequent modifications. the applicant is required ro retum �his certiticate ro the 401 Transportation Permitting
UniL North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC. 27699-1 6 1 7. This form
may be re[urned ro NCDWR by the applican[, [he applicanYs authorized a�en[, or the project engineer. It is not
necessary ro send certificates 1'rom all of these.
Applicunt's Certificnfion
I, , hereby sta[e [hat, to [he bes[ of my abilities, due care and dilieence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supportine materials.
Si�nature: Da[e:
.Agent's Certifica�ioir
1, , herebv s[are that, ro[he best of mv abilities, due care and dilieence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and intent of the 401 Water Quality Certification and l3uffer Rules, the approved plans and
specifica[ions, and o[her supporting ina[erials.
Signature:
Engineer's Certificntion
Partial
Final
Date:
I, , as a duly registered Professional Engineer in the State of Nonh
Carolina, havine been authorized to observe (periodically, w�eekly, full time) the construction of the project Yor the
Permittee hereby state that, [o the best of my abilities, due cam and diligence was used in the observation of the
construction such that the construction was observed ro be huilt within substantial compliance and intent of the 401
W'ater Qualiry Cenification and Buffer Rules, the approved plans and specihcations, and other supporting materials.
Signa[ure
Date
Recisvation No.
Sinic ofNorth Carohna I F.nuironmental Guality
1617 Mad Servme Centzr I Raleigh. Nonh Carohna 27h99-I6I7