20170985 Ver 1_Approval Email_20170922

Carpenter,Kristi
From:Hood, Donna
Sent:Friday, September 22, 2017 4:34 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 71 on US 601 (B-5371), DWR
20170985, Approval Letter
Attachments:B-5371 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

El� viron men I u I
Quality
RUY CDOPLR
r; �� � <•�,i„r
NllCI-IA[L S. RBGAN
Seormrv
S. JAY ZIMMI�IZMAN
n�,���r,�,�
Scptembcr 22, 2017
Union Cnuniy
NCDWR Projecl No. 20170985v.1
6ridgc 71 on US 601
IIP/Slate Project No. B-5371
APPROVAL of 401 lV'A'CER QUALITY CGRTII� ICA'T[ON, �citl� ADUI"P]OnAL CONUI'I'IONS
Mr. Philip S. H�rris. III. P.f.. CPM
N�tural 1?nviro��mcnt Seclion Hend
Project Development and Enviroumenlal rinalysis
Norlh Carolina Departmcni oFTranspurtaiion
I $9R Mail Service Cenmr
R�leigh, Norlh Carolina, 27699-159R
De2r Mr. ilarris:
You l�ave our approv�l, in 2ecordance witli Ihc eouditions listed below, tor [he follo�ving iuipTc[s for the purpose oC
rcplacing bridge 71 on US CO1 in Uniou County:
Slrcam Inq�ncts in tlre Yadkin-PecDce Itiver 13asiu
Permanent Fill "I'em�wrary Fill Permanenl l�ill '1'ciu��rary Fill �Cotal Sh�eam Slrcam Lu�racts
Banl< in [nlcrmittenl in Intermittenl in Perennial in Perennial IZcquiring
Silc Inqxul
SYnbiliz�rtion Sh'eflm Sh�cam Strcam Strcam Miligaliou
(linenr fO
Qinear ft) Qinear fQ (linear ft) (linear ft) Qincar ft)
I 121 73 73 0
2 35 G 30 3G 0
3 83 R3 0
Q3 Ri 0
TOTAL 156 89 ll3 0 73 431 0
'1'otal Strcam Iropacf fnr Projccf: 43l linear fcct.
Mifigalion Rcquired by Corps: 12d linenr fcM
1'litigalion Reyuired by DWR: 0 lincar fcet
'fhe projecl shall Uc eonstructed in accordance wi[h your applicetiou dated received Iuly 25. 2017. At[er reviewin� your
z�pplicatioo, we I»ve decidcd ihai thesu impac(s are covered by Gena'�1 W:uer Qwility Certification Nmnber 4087, a093,
and 4094. This certificatiou correspouds to lhe Nationwide Penui� 13, 23, and 33, respectivcly issucd hy the Corps of
[��gineers. In addition, You shnuld acquire any olher Cederal, state or local permils beforc you proceed �vith your pn�jecl
including (but nol limited to) Sediment and Lrosion Control. Nou-Dischmge aud Water Supply Wnlershed regulatiuns.
This approval will expire with die accomp�nyiug 404 permit.
This approveil is valid solely for Ihe pmposc and design described in your epplication (unless modif ed belo�v). Sliould
yom� project change, you �uusl uolify Ihe NCDW R and submit a new applicalion. If the property is sold. �he new o�vner
must be given fl copy of thi� Certification �nd approvul leiter, and is lhereby responsible for complying wiih all the
conditions. LI �otal �vetland fills for this project (now or in tl�e future) exeeed one aa�, or of to�al imp�ct. ro streams (no�v
Sialcol Nurlh ('nrolina I Lmu'onnicnlul Qualil}'
1617 \lail ticn'iCc (�enicr I 2alcibh, Norih ('arnlin:i'_�6�i`1-I b17

or in tlro future) exceed 150 lii�ear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 Qi)
(6) and (7). For this approval to remain valid, you roust adhere to the condilions listed in the attached certification(s) and
ai�y addilional conditions ]isted below.
Condition(s) of Certificntion:
Project Specific Cm�ditions
1. The �ost-conshuction removal of any temporary bridge stnic[ures must return the projcct site to its
preconstn�etion contours aud elevations. The impacted areas shall be revegetated witl� appropriate native
species. [l SA NCAC 02H .0506(b)(2)
2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished iu sViet compliance with the most recen[ version of NCDOT's [3es[ Manageme��t Practices for
Constructiou and Maintenance Activities. [LSA NCAC 02H .0507(d)(2) and 15A NCAC 02H .OS06(b)(5)]
3. Bridge deck draius shall not discharge directly i��ro the stream. Stormwater shall be directed across ihe bridge
a��d pre-�realed through sitc-appropriate means (grassed swales, pre-fonued scour holes, vegetated buFfers, etc.)
before eutering ilie stream. To meet the requireiuents of NCDOT's NPDLS permit NCS0000250, please refer to
the most recent version of the No�7Ji Caralina Depm�tmenl ofTran.spwTation Stor�m»nter Best Manage�nen�
Prnctices Toolbox manual for approved mezsures. [15A NCAC 0211 .0507(d)(2) end ISA NCAC 02H
0506(b)(5)]
4. 6ridge piles and bents shal] be consWcted using driven piles (]�ammer or vibra[ory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from the NCDWR first [15A NCAC 02H.0506(b)(2)]
5. No drill slurry or water that has been in contact witli w�cured concrete shall be allowed to enter surface watcrs.
This water sl�all be captured, treated, and disposed of properly. [15A NCAC 021I .0506(b)(3)
6. All bridge construction shall be perFonned from tlie existing bridge, temporary work Uridgcs, temporary
causeways, or floatiug or swiken Uarges. If work conditions require barges, lliey shall be floated into position
aud Iheu sunk. "L'he barges shall not be sunk and Ihen dragged inro position. Uuder uo circumstznces should
barges be dragged aloug the Uottom of the surface wa[er. [ I SA NCAC 02H .0506(b)(3)
7. Compensatory mitigation for 124 liuear feet of impact to streams is required. We understznd that you have chosen
to perfom� compensatory miligation for impacts to streams through the Nortl� Carolina Division of Mitigatiou
Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement lhe miligation for tlie projecL 'Pl�e
DMS has iudicated in a letter dated July 6, 2017 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in aecordance wi�li the DMS
Mitigation Banking Instnuncnt sig��ed July 28, 2010.
General Cmiditim�s
Onless otherwise approved in this certification, placemeul of culverts and other stmctures in open waters and
sh-eams shall be placed below the elevation of ihe streambed Uy one foo[ for all culverts with a diameter greater
than 48 inches, aud 20 perceut of the culvert diameter for culverts l�aving a diameter less [han 48 inches, to
allow low flow passage of water and aquatic life. Design aud placement of culverts and odier stnictwes
including temporary erosiou control measures sliall not be conducled in a manner that may result in dis-
equilibrium of wetlands or streamUeds or bauks, adjacent to or upstream znd downslream of the above
st�vctures. The applicant is rcquired to provide evidence [hat the equilibrium is being maintained if requested in
wnting by NCDWR. If tl�is condition is unable to be met due to bedrock or other limiting fea�ures encountered
during construction, please contact NCDWR for guidance on how to pinceed and to detennine whether or not z
pe�niit modification will be required [15A NCAC 02H.0506(b)(2)]
2. If conerete is used during construction, a dry work area shall be maintained [o prevent direct contact between
curing concrete and stream water. Water that inadvertently eontacts uncured concrete shall uot be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and 5sh kills. [ I SA NCAC
02B.0200]

3. During tlie constivction of the project, no s[agiug of equipment of any kind is permilted i�� watcrs of the U.S.,
or protected riparian buffera [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattem and profile of the stream above and below the crossing shall uot be modified.
Disturbed tloodplains and streams shall be reslored to nah�ral geomoryhic conditio��s [ 15A NCAC
02H.0506(b)(2)]
5. The use of ripaap above the Nonnal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream cliam�els in such a manner that it does not impede aquatic life passagc.
[15A NCAC 02H.0506(b)(2)]
6. The Pennittee shall ensure that tlie tina] desig�� drawings adhere to the pennit and to il�e permit drawings
submitted for approvaL [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All work in or adjacen[ to stream waters sl�all be conducted in a dry work area. Approved BMP measures
&om tl�e most current version of NCDOT Coustruction and Main[enance Activities manual such as sandbags,
rock benns, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
[I SA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be opera[ed from the Uanks rather than in the stream channel in order to minimize
sedimentation and reduce the introduc[iou of olher pollutants i��to tlie stream. [ I SA NCAC 02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspec[ed aud maintained to preven[
contamination of stream waters from fuels, lubricants, hydraulic tluids, or other toxic materials [15A NCAC
02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the sheam cl�annel except where au[horized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Uischarging ]rydroseed mix[ures and wasliing ov[ ]rydroseeders a��d o[her equipment iu or adjacent to surface
waters is proliibited. [15A NCAC 02H.0506(b)(3)]
12. Tl�e pennittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resul[ing &om compliance wi[h §303(d) of die Clean Water Act) and any
otlier appropriate requiremeuts of State and Federal law. If [he NCDWR detenniues tliat such standards or laws
are not beiug met (including the failure to sus[ain a designa[ed or achieved use) or il�at State or federal law is
being viola[ed, or dia[ fur[her conditions are necessary to assure compliznce, the NCDWR may reevaluate znd
modify this certifica[ion. [ I SA NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
autliorized by tliis cerlification. [15A NCAC 02H.0506(b)(2)]
14. A copy of tlus Water Qualiry Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent n�odifications, if any, shall be viaintained with the Division
Engineer and Uie on-site project managec [ISA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(�)7
15. The outside buffer, wefland or water boundary located within the constmction corridor approved by this
audiorization sliall be clearly marked by highly visible Fe��cing prior to any land disturbing activities. Impacts ro
areas within the Fencing are prohibited unless otherwise aufhorized 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 s[atutes, �ules,
regulations, or ordinances that may be in�posed by other gover�unent agencies (i.e. local, state, and federal)
liaving jurisdiction, including but not ]imited ro applicable buffer rules, stormwater ma��agement rules, soil
erosion and sedimentation conhol requirements, etc.
1 Z The Pennittee shall report any violations of this certifieatio�� to the Division of Water Resources within 24 hours
of discovery. [ 15A NCAC 02B.0506(b)(2)]

18. Upon eompletion of d�e �roject (including any impacls at associated bon�ow or waste sites), the NCDOT Division
Engiueer shall complete aud retum [he enclosed "Certification of Completion Form" to notiCy [he NCDWR when
all work included in the 401 Certification has becn completed [15A NCAC 021I.0502(fl]
19. Native riparia�� vegetation must be reestablished in the ripzrian areas within tl�e construclion limits of the project
by the end of die growiug season following completiou of constn�ction. [ 15A NCAC 02B.0231(a)(6)]
20. There sliall be no excava[ion from, or was[e disposal into, jurisdictional wetla��ds or waters associated with diis
pennit wi[hout appropriate modification. Should waste or borrow sites, or access roads to waste or Uoirow sites,
be located in wetlands or sVeams, compensatory mitigation will be required since that is a direct impact from
road construction activitiea[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Grosion and sediment control prac[ices mus[ be in full eompliznce with all specifica[ions goveming the proper
design, installation and operation and mainteuance of such Best Management Practices in order [o pro[ect surfacc
waters standards [LSA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sedimen[ control measures for the project nmst be designed, installed, operated, and
maintained in accordance with the most recent version of the Nordt Carolina Sedi�nent nnd Erosion
Contro! Plnn»ing mvd Design Mnrvzml.
b. The design, installation, operation, and maiutenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requiremenls specified i�� the most recen[ version of the Nortl� Cnrolina
Sedi�nenl nnd Erosion Contro/ Mnnunl. Tlie devices shall be maintained on all eonstruction sites, borrow
si[es, and waste pile (spoil) projec[s, including contrac[or-owned or leased borrow pits associa[ed with [he
projec[.
c. For borrow pit sites, the erosion and sedimen[ control measures must be designed, installed, operated, and
maintained in aecordance with the most recent version of tlie North Cnrolinn Seuface Mi�7ing Mnnurd.
d. The reclamation measures and implementation must eomply with the reclamation in accordance with the
requirements of the Sedimen[ation Pollution Control Act.
22. Sediment and erosion co��tro] measures shall uot be placed in wetlands or waters unless otherwise approved by
this CertiScation. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certificatio�� you nmst file a peti[ion for an administrative hearing.
You may obtaiu the petition fom� from the office of Administrative hearings. You must file the petitiou with the office of
Admiuistrative Heariugs within sixty (60) days of receipt of this notice. A petition is considered filed when it is received
iu the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings
Mo��day dvough Friday between the hours of 8:OOam and S:OOpm, except for official sta[e holidays. The original and one
(1) copy of die petition nmst be filed with the O�ce of Administrative Hearings.
Tlie petition may be faxed-provided die original and one copy of tlie document is received by lhe Office of Administrative
Hearings within five (5) business days following the faxed transmission.
The mailing address for d�e Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Ceuter
Raleigh, NC 27699-6714
Telephone: [phone]Q Facsimile: [phone]

A copy of [he pe[ition must also be served ov DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Uepart�uen[ of Environmental Quality
1601 Mai] Se�vice Center
This letter completes [he review of [he Division of Water Resources under Section 401 of H�e Clean Wa[er Act If you have
any questio��s, please contac[ Donna Hood at [phone] or [e-mail].
S��cerely,
//
���/�L/ �� �
S. Jay Zi 'uSerman, Director
�I�� Division of Water Resources
r/
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thon�pson, Division 10 Environmental Officer
Colin Mellor, NC Departmeut of Transportation
Carla Dagnino, NC Department of Transportation
Marella Buncick, US Fish aud Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mi[iga[ion Services
Dom�a Hood, NC Division of Wa[er Resouroes Mooresville Regional Office
File Copy

,::;
f.�flVlf017117P111CI�
QUC(�Il)i
NCDWR I'rojec[ No.:
Applicaut:
Project Name:
Unte of IssuTnce of 40] �Vnter Qualily Cerfification:
Cotutty:
iiov coo�i.it
u�,���.�,�„��
MlClln[L S. RI:GAN
S'rerrtm-r
S. ,IAI' lIMMI:RMAN
Dirrtlur
CertiTicnle uf Completion
Upon compleliui� oCall work approved within Ihe 40L Waier Quality Certilia�Lion or applicable Buffer Rules, nnd
any subsequenl modifications, the applicant is required to rewrn this certiGe��e to the 401 "I�r�unporlation Pem�i�ting
Unit, Norll� CaroLii�a Division oC Water Resources, IC17 Mai] Scivice Center, Rtileigh, NC, 27fi99-1617. This fonn
may be retumed lo NCllWIi by lhe applicant, the applicanCs au�horized agent, or [he projeet engineer. It is not
necessary to send certiGcnfcs Crom all of ihase.
il pplicmePs Cerli/icn/inii
I, , hereby stale that, ro thc bcsl of my abilities, due carc and diligence
was used in llie obseivalion of ihe construction such [hnl the couslruction was obscrvcd to be built within subs�antial
compliance and in[ent of the 401 Water QuaLity Certification and Buffer Rules, �he approved plans �nd
specitica[ions, and oUier supporting m2[erials.
Signature: Da[c:
�Igent's CertiJicntron
I, , hereby state th�t, to Uie best of my abilities, due care and diligcnce
was used in the observation oF ihc constructiuv siicl� that ihe construclion w�s observed to bc built �vithin substantial
compliauce nnd iutent of Ihe 401 Water Quality Certiiicalion and }3uffer Rules, Ihe approved pl�ns �nd
speciGcatious, �nd other supporting materials.
Signature:
Gngineer'.c Cerlrficalion
Partial Pinal
Uate:
I, , �s a duly rcgistcrcd Prol�essional Enginccr in the Stale of North
Carolina, having been authorized to observe (poriodically, wcekly, full lime) thc consuuclion of thc project for the
Pemiillee liereby state that, [o Ihe best of iny abililics, due carc and diligence N�as used in die observation oFllie
conslniction such that Ihe construclion was obsc�ved lo be built «�ilhin substanlial compliance aud intenl of (he 40l
Waler Qualily Certi�cation and BuCfer Rules, Ihe approved plans and specilicatio�is, and olher supporting malerials.
Signattu�e
Date
Regislraliou No. _
tilum ol'Nunh ('ornlina I Ilnvirnnincntal Qunlily
IhU �1ail Scrciec Ccmrr I Ralciuh, Norih Carolina'_7699-16U