20081857 Ver 1_Approval Letter_20090218

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
C;nvarnnr Diractnr
Natural Resources
Dee Freeman
Secretary
February 18, 2009
DWQ #08-1857
Gaston County
Mr. Don Lowe
City of Gastonia
150 South York Street
Gastonia. NC 28053
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lowe:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 84
linear feet (If) of Kaglor Branch (a perennial stream). Permanent impacts are proposed for the purpose of replacing an
existing bridge with double box culverts and constructing floodplain benches as described in your application received by
the Division of Water Quality (DWQ) on December 22, 2008, and additional information received on February 17, 2009.
The location of the project is West Davidson Avenue in Gastonia, Gaston County. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3704. This certification
corresponds to Regional General Permit 198200031 issued by the U.S. Army Corps of Engineers (USAGE). Please note
that you should get any other federal, state or local permits before proceeding with your project, including those required
by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This
approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and you may be required to. submit a new application. 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, or
if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval to remain valid, you must adhere to the conditions
listed in the attached certification and those listed below:
Placement of culverts and other structures in waters, streams and wetlands 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 DWQ. If this condition is unable to met due to bedrock or other limiting features
encountered during construction, please contact the DWQ for guidance on how to proceed and to determine whether
or not a modification to this certification will be required.
2. Floodplain benches shall be constructed at the inlet and outlet end of one of the culvert barrels as depicted on the
plans in order to maintain the stream's natural dimension. In addition, the constructed floodplain benches shall
be stabilized using coir fiber matting to prevent sediment deposition in the stream.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] Customer Service: 1-877823-6748
Internet vvvvv.ncvvaterquality.org
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Mr. Don Lowe
Page Two
3. The use of riprap above the normal high water mark shall be minimized. The placement of riprap in the
stream channel to the normal high water mark on the stream banks is not authorized under this certification.
If riprap is required for stabilization in the stream or on the stream banks below the normal high water mark, a
modification to this permit will be required.
4. Disposal of old bridge material into surface waters is not allowed. Strict adherence to the USACE guidelines for
bridge demolition will be required.
5. The installation of the aerial sewer lines must meet: 1) 15A NCAC 2T; 2) the DWQ's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996, as applicable; 3) and DWQ's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable.
6. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation
and reduce the introduction of other pollutants into the stream.
7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
8. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided.
9. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
10. 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 the 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.
11. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
12. 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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:11 unless otherwise
authorized by this certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
15. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the applicant and the on-site
project manager.
16. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing
season following completion of construction.
17. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within 30 days after the Division of Land Resources has released the project.
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18. 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:
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Mr. Don Lowe
Page Three
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.
19. The applicant and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at any
time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this
Certification, or any modification to this Certification (e.g., no work shall occur outside of the footprint of the plans
provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this Certification without appropriate modification. If this occurs, compensatory mitigation may be
required since it is a direct impact from road construction activities.
20. Upon completion of the project, the applicant's engineer shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please include
photographs upstream and downstream of the structure to document correct installation.
21. Continuing Compliance. The applicant shall conduct its activities in a manner so as not to contravene any state water
quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other
appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the USACE, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the USACE
for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699.
Sincerely,
forColeen H. Sullins
Attachments
cc: Steve Chapin, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy