20160806 Ver 2_Approval Letter_20180123

En viron rn en t a I
QUCI�I i}�
ROY COOPER
r;oc,•rn�,r
MICHAEL S. REGAN
c,r��n,��
LINDA CULPEPPER
lrvrrun l�irer�ar
January 23, 2018
Davidson County
NCDWR Project No. 20160806 v2
Culvert replacement SR 2026
W BS Project No. 9C.0291 I I
,4PPROVAL of a01 WATGR QU.4LITY CCRTIFICA'TION with ADDITIONAL CONDITIONS
Ms. Stephanie Braquet, Division Environmental Specialist
NCDOT, Division 9
37� Silas Creek Pkwy
Winston Salem. NC ?7127
Dear Ms. Braquet:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacine a culvert with another culvert (CMP) and _junction box in Hamby Creek on Hills Myers Road (SR 2026) in
Davidson County. Tbis rersion 3 renews !he prevroas C'ertifieaunn issued av Seprembc�r l. 20/h.
SVeam Im acts in the Yadkin Pee Dee River Basin
Permanent Fill in Temporar�� Fill in Total Stream Impact
Site Perennial Stream Perennial Stream ��inear ft)
I ��
To[als Zg
10
Totel Stream Impact for ProjecC 35 linear fee[.
35
35
Stream Impacfs
Requiring Mitigation
The project shall be constructed in accordance with your application dated received January 8, 2018. After reviewine
your application, we have decided that these impacts are covered by General Wa[er Quality Certification Number 413>
(effective date December I. ?017). This certification corresponds to the 40�1 Nationwide Permi[ 14 issued 6y the Corps of
En2ineers. In addition, you should acquire any other federal, state or local pemiits before you proceed with your project
indudin� (but not Iimited to) Szdiment and Erosion Control, Non-Discharee and Warer Supply Watershed regulations.
This approval will expire with the accompanying JOd pern�it.
This approval is valid solely for the purpose �nd design described in your application (unless modified below). Should
your project change, you must no[ify the NCDW R and submil a new applica[ion. If the property 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. Iftoral wedand fills for this project (now or in the future) esceed one acre, or o(total impacts ro streams (now
or in the fuwre) exceed 300 linear feet, compensatorv mitigation may be required as described in 15A NCAC 2H A506
(h) (6) and (7). For tl�is approval to remain valid, you mus[ adhere to the conditions listed in the attached certification(s)
and any additional conditions listed below.
Sta1t ol Nonh Carolma I Envimnmental Qualin
16U Mail Servicz Crnter I Rsleigh. North Wmlina 27699-1617

Condition(s) of Certification:
Project Specific Conditions
1. Design and placement of culverts, culvert extensions 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 corrugated metal pipe shall be placed below the elevation of the
streambed by one foot to allow low flow passage of water and aquatic life. 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 a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. For the portion oPstream being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours wherever practicable and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. [15A NCAC 02H.0506(b)(2)]
4. 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(�]
General Conditions
1. 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]
2. 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)]
3. 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)]
4. 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)] _
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval. [I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. 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)]
7. 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)]
8. 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)]
9. 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)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited. [15A NCAC 02H.0506(b)(3)]

11. 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] �
12. 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)]
13. 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 Diyision Engineer and the
on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
14. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing/flagging prior to any land disturbing activities. Impacts to areas within
the fencing/flagging are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502]
15. 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.
16. 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)]
17. 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)]
18. 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)]
19. 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.
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [1SA 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 faued transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Env'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 oFthe Clean Water Act. If you have
any questions, please contact Dave Wanucha at [phone] or Dave. [e-mail].
S cerely,
/ ��'
Linda Cu epper, Interi Director
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

Envira�mental
QUQ�f ty
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuance of 401 Water Quality Certification:
Coun[v:
ROY COOPER
Goiri�m„
MICHAEL S. REGAN
cr<rrru�.r
LINDA CULPEPPER
Lvrru�i l�ii�t�'�ur
Certifica[e of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Bu11er Rules, and
any subsequent moditications, the applicant is required [o return this certifica[e ro[he 401 Transporta[ion Pernii[ting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center. Raleigh, NC. 27699-1617. This form
may be returned to NCDWR by thz applican[, the applicanYs au[horized agent, or [he projec[ engineer. tt is no�
necessary ro send certificates from all of thesz.
:4pplicnnt's Cerlificution
I, , hereb}' state that, to the best of'my abilities. due care and diligence
was used in the observation of the consVuction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and 13uffer Rules, the approved plans and
specifications, and other supponine materials.
Signature: Date:
Age»!'s Certificu(io�i
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of [he construction such that the consvuction was observed [o be buil[ wi[hin substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and other supporting ma[erials.
Signature: Date:
Engineer's Certificafinn
Panial Final
I, , as a duly re,istered Professional Engineer in the State ofNorth
Carolina, having been authorized ro observe (periudically, weekly, full time) the construction of [he project for Ihe
Permittee hereby sta[e that, [o [hz best of my abilities, due care and dili,�ence was used in [he observation of the
construction such that the construction was observed [o be buil[ wi[hin substan[ial compliance and inlent of [he 401
Water Quality Certitication and Buffer Rules, the approved plans and specitications, and otlier supportin� ma[erials.
Si�nature
Date
Reeistration No.
Statc of Nonh Carnlina I Fnvvonmzn[al fJuahn
�[il7 Mail Service Centar I k�lzigh. Nonh Carolina 27699-1617