20170725 Ver 1_Approval Letter_20170731

ROY COOPER
r,nroPmn�
MICHAEL S. REGAN
��z,�arurr
£nvironmenta! S. JAY ZIMMERMAN
[ri�i¢9o,�
QUQ(iCy
July 31, 2017
Iredell County
NCDWR Project No.20170725v.1
Bridge 38 on NC 1 I S/US 21
TIP Project No. B-4982
APPROVALoPa01 WATERQUALITYCERTIFICATION,NithADDITIONALCONDITIONS
Mc Phiiip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleieh, North Carolina, 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing bridge 38 on NC I I SNS21 in Iredel l County:
Stream Impacts in the Yadkin-PeeDee River Basin
Pcrmanen[ Fill Temporary Fill Stream Impacts
"Potal Stream
Site �n Perennial in Perennial �m �� Requiring
Stream S[ream � Mitiga[ion
(lincar R) (linear ft) Oinear ft) ���near fC)
I (bankstabilization) 262 362 0
2(causewav) 123 I'_3 0
0 0
0 0
T07'AL 262 123 385 0
Total Stream Impact for Projech 385 Iinear feet.
Required Mitigation: 0
The project shall be consvucted in accordance with your application dated received June 7, 2017. After reviewing
your application, we have decided [ha[ [hese impacts are covered by General Wa[er Quality Certification Number
4087 and 4094. This certification corresponds to the Nationwide Permit 13 and Nationwide Pennit 33 issued by the
Corps of Engineers. In addition, you should acquire any other fzderal, state or local permits before you proceed
with your project i�duding (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 NCDWR and submit a new application. If the propeny 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 [otal wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the fuwre) exceed I�0 linear feet, compensatory mitigation may be required as
described in I iA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
condi[ions listed in [he atlached certification(s) and any additional conditions listed below.
Stare of North Carolina I k'.mvonmen[al Qualip�
1617 Mail Servire Center I Ftaleigh, Notth Carolina 2 7699-1 61 7

Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
2. The post-construction removal of any temporary bridge and causeway structures must return the project
site and stream bed to its preconsri-uction contours and elevations. The impacted areas shall be revegetated
with appropriate native species. [15A NCAC 02H .0506(b)(2)
3. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
4. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Toolbox manual for approved
measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)
6. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H
.0506(b)(3) �
General 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 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]
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. [15A 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 final 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 flowir�g water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment �ay be operated within the stream channels however; its usage shall be minimized.
[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 la�s 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 r�valuate and modify this certification. [15A NCAC 02B.0200]
�'�
13. All fill slopes locafed 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 Certi .fication 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 arid sedimentation control requirements, etc.
tF;: .
17. The Permittee shall'report any violations of this certificarion to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including 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(�] �

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 consh-uction 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 Sest 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 P.lanning 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 Certification. [15A 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 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 o�ce 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 ofthe 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 faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
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 F. Lane, General Counsel
Department 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 contac[ DoMa Hood at [phone] or [e-mail].
e
mcerely �
, �% � �� �
S �� Zimmerman Director �
Division ofWater Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Trish Beam, Division 12 Environmental Officer
Colin Mellor, NC Departtnent of Transportation
Carla Dagnino, NC Departrnent of Transportation
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
f.

En virannte�i t a I
Quality
NCDWR Project No.:
.4pplicant:
Project Name:
Date of Issuance of A01 Water Quality Cerfification:
Counh:
ROY COOPER
rl�rc�•nuu�
MICHAEL S. REGAN
tiacrrem�r
S. JAY ZIMMERMAN
n�, �-� a„
Certificate of Comple[ion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this cenificate to.the 40I Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ra�ei;h, NC. 27699-1617. This form
may be re[urned ro NCDWR by the applicant, Ihe applicant's au[horized agent, or the project engineec It is not
necessarv to send certillcates from all of these.
Applicant's Certifrcu(iop
I, , hereby state that, to the best of my abilities. due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Si�namre: Date:
AgexPs Certification
1, , hereby state that, to the bes[ of my abilities. due care and diligence
was used in the observation of the construction such that the construction was observed to be buil[ within substantial
compliance and in[en[ of [he 401 Water Quality Certification and Buffer Rules tlie approved plans and
specitications, and other supporting materials.
Signamre: , Date:
Engineer's Cerlifica�ron
Partial Final
I, . as a duly reeis[ered Professional Engineer in the Sta[e of North
Carolina, havin, been au[horized to observe (periodically, weekly, full [ime) [he construction of the project for the
Permittee hereby state that, [o the best of my abilities, due care and dili�ence 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 Cenification and Buffer Rules, the approved plans and specitications, and other supportin� materials.
Signature
Date
Registration No.
Smte ol'Nonh Camlina I Envimnmtntal Quulity
1617 Mail Servire Center I Ralzigh. Nonh Carohna 27699-Ifi17