20171061 Ver 1_Approval Letter_20170911

ROY COOPER
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MICHAEL S. REGAN
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Environmental S. JAY ZIMMERMAN
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September I I, 201�
W ilkes County
NCDWR Project No. 20171061
Bridges 153 on SR 1728
State Project No. 17BP.1 I. R.120
APPROVAL of 301 WATER QU.4LITY CERTIFIC.4TION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter
NCDOT, Division I I Environmental Officer
801 Statesville Road
North W ilkesboro, NC 28659
Dear Mc Slaughter:
You have our approval, in accordance with the conditions listed below, for the following impac[s for the purpose of
replacing Bridges 153 over Joshua Creek with a three-sided, bottomless culvert on Long Bottom Road in Wilhes County:
S[ream
Temporary Fill in
Perennial Stream
Site (linear ft)
Dewatering
I I8
2 6
�tals 24
Permanent Fill in
Perennial Stream
(linear tt)
Culvert gank
Stabilization
- 134
143
To[aI Slream Impact
(linear ft)
IS
167
Total Stream Impact for Project: 167 linear feet.
Stream Impacts
Requiring
Mi[iga[ion
Qinear ft)
The project shall be constructed in accordance with your application dated received August 23. 20I7. After reviewin�
your application, we have decided that these impacts are covered by General Water Quality Certitication Number 4088.
This certifica[ion cortesponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should
acquire any other federal. state or Iocal pertnits before you proceed with your project including (but not limited to)
Sediment and Erosion Control. Non-Discharge and Water Supply Watershed regulations. "I'his approval will expire wi[h
the acwmpanying 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. Ifthe property is sold, the new owner
must be given a copy of this Certitica[ion and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland tills for [his project (now or in the fu[ure) exceed one acre, or of total impacts to streams (now
or in the fu[ure) exceed 300 linear fee[, wmpensatory mitiga[ion may be required as described in I SA NCAC 2H .0506
(h) (6) and (7). For this approval to remain valid, you must adhem to the conditions listed in the attached certification(s)
and any additional conditions listed below.
- "%'NothingCompares"-�
Staie ol Nonh Camlina I Gnvironmzmal Quahry
I617 Mail Service Crnter I Raleigh. North Carolina 27699-1 61 7

Condition(s) of Certification:
Project Specific Conditions
1. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities
shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable then the requirements of any moratorium(s) shall be a condition of this 401 Certification. If
the NCDOT does not wish to honor the moratorium, then a written modification shall be submitted.
2. NCDOT shall be in compliance with NCS000250 issued to the NCDOT, including the applicable requirements of
NCGO 10000. Please note the extra protections for the sensitive watersheds.
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. Culvert placement shall mimic the natural stream cross section as closely as possible. Widening the stream channel
should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A NCAC
02H.0506(b)(2)]
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC
02H.0506(b)(2)]
6. For the 241inear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
7. 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 impacts to the stream banks, as well as to vegetation responsible for
maintainirig the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)]
8. 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)]
9. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or appointee) 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]
General Conditions
1. 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]
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. [ 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 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 (c)(2)]
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) of the 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 certifcation to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
18. 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 02H.506(b)(3)]
19. 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)]

20. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards [15A NCAC 02H.0506(bx3) 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 Norrh Carolina Sediment and Erosion Condol 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 piu 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 Manua[.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requ'vements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certificazion. [15A NCAC 02H.0506(bx3) and (cx3)]
[f you wish to contest any statement in the attached Certification you must file a petition for an administretive 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 si�cty (60) days of receipt of this notice. A petition is considered filed when it is received
in the office of Adminislrative Hearings during normal office hours. The Office of Adminishative Hearings accepu
filings Monday tivough 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 faxed hansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Releigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill I.ane, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
T'his 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 Dave Wanucha at [phone] or Dave. [e-mail].
,-� Sincerely,
�� �`
S. ]ay Zithmerman, ' ector
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

Envii onrne�nlul
Quality
NCDWR Project No.:
Applicant:
Project Name:
Da[e of Issuance of 40t Water Quality Cer[ifica[ion:
County:
ROY COOPER
r;,,�, ��,�,�
MICHAEL S. REGAN
sr�,rr�u�r
S. JAY ZIMMERMAN
n�,�,-<a„�
Certifica[e of Completion
Upon completion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules, and
any subsequent modifica[ions, the applicaN is required to re[um Ihis certificate [o [he 401 Transporta[ion Pemiit[ing
Uni[, North Carolina Division of Watzr Resources, 16 U Mail Service Center, Raleigh, NC, 27699-1 6 1 7. This form
may be re[umed to NCDW R by the applicant, [he applicant's au[horized a�ent, or [he project engineer. It is not
necessarv to send certihcates from all of these.
Applicmtl'.s Cerlificatiar
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 substan[ial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supportin� materials.
Signature: Date:
Agerif's Cerlificalion
1, , 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 the 401 Water Qualiry Cenitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature:
F_ugineer's Cerlificnlinn
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, havin� been authorized [o observe (periodically, weekly, full time) the construction of [he project for the
Permittee hereby s[ate [hat, to [he best of my abilities, due care and diligence was used in the observation ofthe
construction such tha[ the construc[ion was o6served to be buil[ within substantial compliance and inren[ of [he 401
Water Quality Certification and Buffer Rules, the approved plans and specitications, and other supponing materials.
Signature
Date
Regis[ra[ion No.
�'Nothing Compares = �
State ofNonh Carolina I Environmental Quality
1617 Mail Servicz Cemer I Ralzigh, North Carolina 27699-Ib17