20170908 Ver 1_Approval Email_20170922

Carpenter,Kristi
From:Hood, Donna
Sent:Friday, September 22, 2017 4:30 PM
To:Harris, Philip S; Amschler, Crystal C CIV USARMY
CESAW (US); Thompson, Larry B; Mellor, Colin;
Dagnino, Carla S; Marella Buncick; Chambers, Marla J;
Harmon, Beth
Cc:Chapman, Amy; Carpenter,Kristi
Subject:Replace Bridge 444 on SR 1506 (B-5370), DWR
20170725, Approval Letter
Attachments:B-5370 401 ISSUANCE-09222017.pdf
All,

This email is being sent to you because you have been identified as an electronic copy
recipient of the subject project. If you have any questions about this email or the attached
document, please contact Donna Hood at 704-235-2193 or [e-mail].

If you have General Certification questions please use the following link to access the site
map for General Certifications on our Website: https://deq.nc.gov/about/divisions/water-
resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-
general-certifications.

Sincerely,
Donna Hood
1

Environmcnlal
Qucrlrty
ItOY COOPI:It
(;nrrnu�r
MICIIAEL S. RT'GAN
.1`<rirrurr
S. IAY ZIMMI:RMAN
t�,� ������„�
Seprember 22, 2017
Union Countv
NCDWR Project Na 2017090Rv.1
[3ridge 444 on SR I SOfi
I'IP/State ProjeG No. 13-537CI
APPROVAL of 401 \VATER QUALITI' C[?R'1'IFICA'I'ION, �vi[h AUllI't10NAL CONDITIONS
Mr. Philip 5. Ilan'is, III, P.E., CI'M
Naturnl Environment Sectiou Head
Project Devclopment and L-:nvironmental Analysis
Naih Carolii�a Dcparlmenl of"I�r�nsportnlron
1593 Mnil Scrvice Cen�er
ltaleigh, North Carolina, 27699-1598
Dcar Mr. I-larris:
You heve our appinval, in nccordance with lhe conditions listed Uelow, for Ihe following impacts for the pwpose of
rcplacing bridge 444 on SRI50( in Union Coimly:
Strcaiu I�uo�cts in [he Yadkin/PeeDec River 13asin
�r�„���,�����y r�u Permanenl Rill 'Cem��rarv Fill Total Strcam Stream Im�uts
in fntermilleut in Perennial in Perennial Itequiring
S i tc I m�wut
Sh'enw Sh�eam Stream (linear ft) Mil'igation
(linearft) (lincarft) Qinc.u-f[) (linear�ft)
0
Sitc
•►ac:�i
WcNaud
�ill (ac)
o.00
96
9G 44
0 0
0
96 0 9G
Total Slrenm Impnc[ fm� Project: 96 linear feet.
in fhc Yadkin-PccDce Rivcr Aasin Rivcrinc �vctlnud
G7
Fill 1?�cavalion �lechanired II�nA `Potal
(lem��rary) (ac) Clearing (ac) Cle�ring (ac) �Vetland
o.00 � o.uo � o.00 � o.00
'fotal WcUand Impacl for Pro,jech 0.01G acres.
Slmc ol Nurth Carolina I 4inironmcNul Qualil}
I G 17 �iail Scn iec (�enter I Ralclgh, Norlh Carnl inu '_7p9g-I hl7
0.00
0.00
0.02
Im�x�cts
Recpiiring
0.00
0.00
0.00

Tlie project shall be cons[ructed in accordance widi your application da[ed received July 24, 201Z After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4093 and 4094. This certification corresponds to the Nationwide Permit 23 and Nationwide Pem�it 33 issued by il�e
Corps of Engineers. In addition, you should acquire any other Federal, sta[e or local pem�i[s before you proceed
wi[h your project including (but no[ limi[ed to) Sediment and Erosion Control, Non-Discharge aud Water Supply
Watersl�ed regulatious. This approval will expire with the accompanying 404 penniL �
This approval is valid solely for tlie pucpose and design described in your application (unless modified below).
Should your project change, you nmst notify [he NCDWK and submit a new applicalion. If the properry is sold, d�e
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
wid� all the conditio��s. If total wetland Glls for this project (now or in die future) exceed one acre, or of total
impacts [o sVeams (now or in the future) exceed 150 linear fee[, compensatory mitiga[ion may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you mus[ adhere [o tl�e
conditions listed in the attaehed certification(s) and any additional eonditions lis�ed below.
Condition(s) of Certification:
Project Specific Conditions
Unless o[l�erwise approved in Ihis eertification, placement of culverts and other structures in open waters and
streams, shall be placed below Ihe elevation of the s[reambed by one foo[ for all culverts widi a diameter
grea[er [han 48 incl�es, and 20 perce��t of the culvert diameter for culverts having a diameler less than 48
incl�es, to allow low flow passage of water and aquatic life. Desigu and placemen[ of culver[s a��d other
stnictures including temporary erosion control measures shall not be conducted in a mamier that may result
in dis-equilibrium of wetlands or streambeds or ba�ilcs, adjaceut to or upsVea��i and down stream of the
above stn�c[ures. The applican[ is required ro provide evidence that �he equilibrium is being maintained if
requested i�� writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting
fea[ures e��cowitered during construction, please contact tlie NCllWR For guidance on Uow to proceed and to
detern�ine whether or not a pennit modification will be required. [ISA NCAC 02H.0506(b)(2)]
2. If multiple pipes or barrels are required, they shall be designed to mimie 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 wideniug at the inlet or outlet end of
structures typically decreases water velociry causing sediment deposition ihat requires increased
main[enance and disrupts aqua[ic life passage. [15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in d�e active thalweg channel or placed in the streambed in a ma�wer that
precludes aqua[ic life passage. Bioengineering boulders or s[ructures should be properly designed, sized and
iustalled. [LSA NCAC 02H.0506(b)(2)]
4. Tlie stream chamiel shall be excavated no deeper than the natural bed material of die stream, to the
maximum extent practicable. Efforts nuist be made to minimize impacts to the stream bauks, as well as to
vegetation responsible for maiutaining the stream ba��k s[ability. Any applicable riparian buffer impact for
access to stream channel sUall be temporary aud be revegetated with va[ive riparian species. [ I SA NCAC
02H.0506(b)(2)]
5. Compeusatory mitigation for 44 linear feet of impact to streams is reqaired. We understand that you have
ehosen to perfonn compensatory mitigation for impacts to sheams through the North Caroliva Division of
Mitigation Service (DMS) (fonnerly NCEEP), and that the DMS has agreed to implement the mitigation for
the project. The DMS has indicated in a letter dated July 6, 2017 tl�at they will asswne responsibiliry for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-refereuced
projec[, in accordance with the DMS Mitigation Bankiug Instrnment signed July 28, 2010.

General Cmiditions
1. Unless otlierwise approved in this certifica[ion, 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 widi a
diame[er grea[er than 48 inches, and 20 percent of the culvert diameter for eulverts having a diame[er
less [han 48 inches, to allow low flow pzssage of wa[er and aquatic life. Design and plaeemen[ of
culver[s and other structures including temporary erosion control measures shzll not be conducted in a
manner th2t may resul[ in dis-equilibrium of wetlands or streambeds or baiilcs, adjacent to or upstream
and downstrezm of the above stniclures. The applicant is required to provide evide��ce that the
equilibrium is being maintained if requested in writiug by NCDWR If lhis condition is unable to be met
due [o bedroek or otlier limi[ing features encountered during construc[ion, please contact NCDWR for
guidance on how to proceed and to detennine wliether or not a pe�nit modification will be required.
[ISA NCAC 02H.0506(b)(2)]
2. If concrete is used during conshvction, a dry work area shall be maintained to prevent direct contact
between curing concrete a��d stream water. Water that inadvertently contacts uncured concrete sUal]
no[ be discharged to surface waters due [o tUe poteutial for elevated pH and possible aquatic life and
fish kills. [ I SA NCAC 02B.0200]
3. During the construction of the project, no stagi��g of equipment of any kind is pem�itted in waters of
the U.S., or protected ripzrian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below tl�e crossing shall not be modified.
Disturbed floodplains and streams shall be restored to na[ural geomorphic conditiona [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above lhe Nonnal High Water Mark shall be ininimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a mauner tl�at it does not impede
aquatic ]ife passage. [15A NCAC 02H.0506(b)(2)]
6. Tlie Permittee sliall ensure Ihat Ihe final desigu drawings adliere to tlie permil and to the permit
drawings submitted for approvaL [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(z)l
7. All work in or adjacent to stream wa[ers shall be conducled in a dry work area. Approved BMP
measures from Ihe most current version of NCDOT Constructio�� and Maintenance Ac[ivities manual
such as saudUags, rock benns, cofferdams and other diversion structures shall be used to prevent
excava[ion in tlowing water. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
S. Heavy equipment shall be operated from the banks rather than in the stream cliannel in order to
minimize sedimeutatio�� and reduce die introduction of other polluta��ts into tl�e siream. [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters mus[ be regularly iuspected and maintained to
prevent contzmination of stream waters from fuels, ]ubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged &om the stream channel except where audiorized by d�is
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 pennittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance wi[h §303(d) oFthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines thz[
such standards or laws are no[ being met (including the failure to sustain a designated or achieved use) or
that State or federal ]aw is being violated, or that Curther conditions are necessary ro assure compliance,
the NCDWR may reevaluate aud modify Ihis certifica[ion. [15A NCAC 02B.0200]

13. All fill slopes ]ocated in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, uuless
otherwise aull�orized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the constniction site at all times. In
addition, the Water Qualiry Certification and all subsequent modificatious, if any, shall be maintained with
the Division Engineer and H�e on-sile projec[ manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water bou��dary located withiu the construction corridor approved by this
authoriza[ion shall be clearly marked by highly visible fencing prior to a�ry land disturbing
activities. Impacts to areas within the fenciug are prohibited unless otherwise autliorized by this
certification. [15A NCAC 02H.0501 and .0502]
16. The issuanee of this certification does not exeinpt the Permittee from complying wi[]� any and all statutes,
rules, regulatious, or ordinances tha[ may be imposed by o[her govenunent agencies (i.e. local, state, and
federal) having jurisdictiou, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion aud sedimentation control requirements, ete.
1Z The Pennitlee shall report any violations of this certification to the Division of Water Resources withiu
24 hours of discovery. [ I SA NCAC 02B.0506(b)(2)]
18. Upon con�pletion of tlie project (including any impacts at associated Uorrow or waste sites), [he NCDOT
Division Lngineer shall complete and re[urn the enclosed "Certification oF Completion Fom�" to notify
tl�e NCDWR wlien all work i��cluded in the 401 Certificalion has been completed. [ISA NCAC
02H.0502(�] Native riparian vegetation must be reestablished in tl�e riparian areas within the constructiou
limits of the projeet by the end of the growing season following completion of cons[ruclion. [15A NCAC
02B.0231(a)(6)]
19. There shall be no excavation from, or waste disposal into, jurisdictional wedands or waters associated
with this permit without appropriate modiFieation. Should waste or borrow si[es, or access roads to waste
or borrow sites, be located in wedands or streams, coinpensatory mitigation will be required since that is
a direc[ impac[ from road covstruc[ion aclivities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sediment contro] practices m�st Ue in full complianee with all specifications goveming the
proper design, installatiou and operation aud maiutenance of such Best Mznagement Practices in order to
protect surface waters staudards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion aud sediment control measures for die project must be designed, installed, operated,
aud maintained in accordance witli the most recent version of the Nm�th Carolina Sedi�nent m�d
Erosion Control Plnnrvirvg nnd Design Mnnua/.
b. The design, installation, operation, and maintena��ce of the sediment and erosion control measures
must be such that they equal, or exceed, die requirements specified in tl�e most recen[ version of the
NmYh Corolina Sedin�ent nrvd Erosion Control Mnnunl. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractorowued or leased
borrow pits associated with the projec[.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
opera[ed, and main[ai��ed in accordance with the most recen[ version of tl�e NorHi Corolinn Suifnce
Mining Mnnunl.
d. The reclamation measures and implementatiou must comply with [he reclamation in accordauce
. with the requireme��ts of the Sedimentation Pollution Conhol Act.
21. Sediment and erosiou coutrol measures sl�all not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (e)(3)]
If you wish to contest any statement in the attached Certi&cation you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administra[ive hea�ings. You must file the pelitiou
with the office of Administrative Hearings withi�� sixry (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nonual office hours The Of6ce of
AdminisVative Heariugs accep[s filings Monday tlu'ough Friday be[ween die liours of 8:OOam and S:OOpm, except

for official state holidays. The original and one (I) copy of the petition must be filed with the Office of
Administrative Hezrings.
"rhe pe[ition may be faxed-provided [he original aud one copy of tlie documcnt is received by [I�e Office of
Administrative Hearings within five (5) business days following [he faxed iransmissio��.
The maili��g address for the Office of Adminishative Heariugs is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Teleplione: [phone], Pacsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, Genera] Counse]
Deparhneut of Environmenta] Quality
1601 Mail Service Center
This letter comple[es [he review of the Division of Water Resouroes under Section 401 of [lie Clean Water Aet If you
have any questions, please contact Hood at [phone] or donna.liood n ncdenr.gov.
$l��cerely, �
�
�,%� ��,���
�a Zim� er�llDirector
Y
�. ( Division of Water 2esources
�
Electronic copy only distribution:
Crystal Amschler, US Anny Corps of Eugiueers, Asheville Field Office
Larry Tl�ompson, Division 10 Enviroumental Officer
Colin Mellor, NC Department of Trausportation
Carla Dagnino, NC Department of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Cliambers, NC Wildlife Resources Commission
Betl� Harmon, Divisiou of Mitiga[ion Services
Doima Hood, NC Division of Water Resources Mooresville Regional Office
File Copy

En viron rn er ll ul
Qualit y,
NCD�VR Projecl No.:
ApplicanL•
Project Naror.
Date of Issuance of 401 \1'ater Qunlity Certification:
Connty, :
ROY COOPER
r Ln�ei nnr
mictinei. s. izr_cAN
s<�,��„„
S. ,fAY 71MM6RMAN
nr���•�v�„�
Cerlificnlc o(Complcliou
Upon coinplction of all work appiuved wi�hin tlie 401 W�ter Quality Ceriification or applicable Quffer Rules, and
any subscquent moditic:�tions, the applicanl is required to retwn (his cerlificale (o the 401 Transportation Pennilting
Uni�, Nor�h Cnrolina Division of Wafer Resources, 1617 Mail Service Centcr, Raleigh, NC, 27699-1617. 'fhis fonn
may be relurned (o NCDWR by the app�icant, the applicani's audiorized agent, or lhe project engineer. It is not
necessaiy lu send cerlificates from all of lhese.
ilpplicmt['.c Cerfific�dio��
I, , hereby statc thal, �o the besl of my abilities, duc c�re and diligencc
was used in the observation af the conslruetiou such Ihat the const�uclion wac observed to be built widtin substantiel
couipliance and iulent of the 401 Waler Quality Certitication and Buffcr Rules, the approved plans zmd
specifleations, and other supporting mamrials.
Signalure: Date:
�Igenl's Curtificnlion
1, , hereby s�nte ihat, to thc bes� of my abilities, due care and diligenee
�vas nsed in tl�e obsc�vation of lhe cons�ruction such thaf [he coustniction was observed to be buili �vithin subsian�ial
compliancc and intcnt of Ihe 401 Waler Quality Certiticatioi� aud BuCfer Rules, the approved pinns and
specifications, and other supporling malerials.
Signature: Date:
/ingr�teer'.s Certifirnlio�i
I'ar[ial Fin�l
I, , as a duly registered Profc�ssional F.ngineer in the State of North
Carolina, having been aulhorized ��o observe (periodically, weekly, full [ime) Ihe eonstruction of Ihe project for lhe
Pennil[ee hereby s[ale thal, fo Ihe besl of my abilities, due care and diligence was used ii� the abseivaliou of the
cons�ruction sucli Ihal Ihe construction was observed to be built wi�liin substzmial compliancc and intent ol tlie 401
Water Quality CeniGcatiou and Buffcr Rules, the approved plans aud specificatious, eind other supporliug materi�ls.
Signature
Da[e
ReEistraliou No.
Sl.nc ol'Nurlh ('arnlina I lincironmcnlal Quality'
1617 A1uil Scnicc Ccnler I Ralcieh, North CaroGna �7641-1617