20171317 Ver 1_Approval Letter_20171208

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ROY COOPER
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MICHAEL S. REGAN
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Environrnc ntul LINDA CULPEPPER
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QUQ�Ir}�
December 8, 2017
Catawba County
NCDWR Projec[ No.20I71317v.1
Bridge 45 on SRI 131
Project No.17BP.12.R.20
APPROVAL of 40I WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Ms. Trish Beam. Division Environmental Officer
NCDOT, Division I?
P O Box 47
Shelby, NC 28151-0047
Dear Ms.Beam:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing brid�e 45 on SRl 131 (Pittstown Road) with a culvert in Catawba County:
Site
(culvert)
;benches/riprap stabiliza[ion
"dewateruigl
;dewatering. UT to Hop Crec
TOT.4L
Stream Impac[s in the Catawba River Basin
Temporary FII Permanent FII Temporary FII
in Intermitten[ Bank in Perennial in Perennial
Stream Stabilizration Stream Stream
(linear tt) pinear R) pinear ft)
67
47
68
IG
16 47 67 68
Total Stream Impact for Project: 198 linear feet.
Permanen[ Impacts Requiring Miti�ation: 67 linear feet
Total Stream Stream lmpacts
Impract Requiring
(linear ft) Mitigation
(linear ft)
67 67
47 0
68 0
The project shall be constructed in accordance wi[h your application dated received October 18, 2017. After
reviewing your applica[ion, we have decided that these impacts are covered by General Water Quality Certification
Number 413�. This certitication corresponds to the Na[ionwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or Iocal permits before you proceed with your project including
(but not limited to) Sediment and Grosion Control, Non-Discharge and Wa[er Supply Watershed regulations. This
approval will expire wi[h the accompanying 404 pernii[.
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 applicauon. If the property is sold, the
new owner must be given a copy of this Certitication and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fllis I'or this project (now or in the fumre) erceed one acre, or of total
impacts to streams (now or in the future) eaceed I50 Iinear feet, compensatory mi[igation may be required as
described in I jA 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.
St3re of Nonh Carolina � Environmantal Qualiry
1617 Moil Service Centzr I Raleigh. North Carolina 2 7699-1 61 7

Condition(s) of Certification:
Project Specific 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 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 this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact the 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 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 str�am 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)]
3. Riprap shall not be placed in the active thalweg channel or pl'aced in the streambed in a manner that
precludes aqaatic life passage. Bioengineering boulders or structures should be properly designed, sized and
installed. [15A NCAC 02H.0506(b)(2)]
4. For the 84 linear 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)]
5. 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 maintaining 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)]
6. 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)] '
7. All rock used for stabilization of the stream bank shall be properly embedded. [1SA NCAC
02H.0506(b)(2)]
8. Native stream bed material excavated to install the culvert shall be retained, stored separately from other
stockpiled material, and used to restore the streambed to proper elevation that allows for aquatic passage.
[15A NCAC 02H.0506(b)(2)]
9. Compensatory mitigation for 67 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of
Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for
the project. The DMS has indicated in a letter dated October 12, 2014 that they will assume responsibility
for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010
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
streain 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�)i2)�
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) ofthe 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 certification 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( fl]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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(b)(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 construction 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 Best 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 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 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 office 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 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 transmission.
The mailing address for the Office of Administrative Hearings is:

Office of Adminislrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Depardnent of Environmental Quality
1601 Mail Service Center
This letter completes [he review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at [phone] or [e-mail].
Sincerely, �
`�m "�'� �
Linda Culpepper, [nterim D'vector
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engiaeers, Asheville Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Hartnon, Division of Mitigation Services
Douna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy

Environmcritui
QUQ�(ry
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 4U1 Water Quality Certification:
Coun[v:
ROY COOPER
t;,,,��-,,,o��
MICHAEL S. REGAN
�r��r, r�n�r
LINDA CULPEPPER
ln�ariui pire��ior
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certitication or applicahle Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permittin�
Unit. North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This fortn
may be returned [o NCD WR by [he applicant, the applicant's authorized a,ent, or the project engineer. It is not
necessary to send certificates from all ofthese.
.App(icant's Certificatinn
I, . hereby state that, ro 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 ofthe 401 Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signamre: Date:
Ageiit's Cerlificatiott
1, , hereby state tha[, 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 built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Sienature: Date:
Engineer's Cerlifienlias
Partial Final
1, , as a duly regis[ered Professional Engineer in [he State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of [he projec[ for [he
Permittee hereby s[ate tha[, to [he best of my abili[ies, due care and diligence was used in the observation of [he
construction such that the construction was observed to be built within substantial compliance and inrent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials.
Sienamre
Date
Re,istration No.
Stafe of Notlh Carulina I Environmzntal Quai�ty
1617 Mail Szrvice Centzr I Ralaigh. North Carohna 27699-1617