20180482 Ver 1_Approval Letter_20180522

Envirw�nlen(ui
Qualiry
ROY COOPER
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MICI-IAGL S. REGAN
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LINDA CULPEPPER
nin�nu� t,nv�v„r
Mag �'_.'_018
Iredell Cuwit��
NCDW'R Pro.ject Nu. 301AOJ8�v.l
Stream ti�abiliration on I-77 Nurih
State Projec� No. I?'Od91 I
APPROVAL of a0i W.4TER QU,4LITY CERTIFICATION, �cith .4DDITION.4L CONDITIONti
Mr. Mark S�afford. P.E., Division En,inccr
NCDOT. Divi>ion 12
P O Bu� 17
Shelbc. NC ?81 i I-0047
Dear Mr. Stafford:
You havr our approval, in �ccordance with the conditiuns lis�ed beloH�. fur thc fullowimt impac�s Yix the purpose of
siream smbilization adj�cent to I-77 Nonh at E.eit 33 in Iredell Count�:
tiite
Site de��a�zrin_
Sveam stabili�L�ion
POT A l.
Strcam Imnnc[c in Ihe C.�law�bn Ri�cr QAsin
Permanent Fill �1'em�nrar�- I�ill Ncrm:men[ bill T�emq�rarc Fill
in Intermittent in Intermiltent in Perennial in Perennial
Stream
(lincar R)
I?9
129
Stream Stream tilrcam
(linear fq Qinear R) pinear ft)
lll
�0
Tolal titrcam Impact fur ProjecL• 129 line:ir fect.
Stream Im�sic
Tut•rl Stream
Impac[ H�9uirink
Mitigatiai
(lincar @)
(IineAr fry
10
I'9
IG9
The project shall be construct�d in accordance with your applic�tion daled received .April i, ?p � g. Alttr reviewing
your applicutiun. �ve have decided tha� these impacts are covered by General Wa[er Quality Certification Number
413�. -fhis certification correspund, to the Nationwide Pemiit 3 issued b� die Curps ot L:ngine�rs. This approval is
also valid lur the Catawba Riparian Bu11er Rules I�A NCAC �B 92-1 �. In adJition, you should acquira any other
ledaral, state or local permits befure you proceed Hith your project including Ibut not limited tn) Sediment and
Erusion Control. NomDischarge and Wa[er Supply Watershed rc�_�ilations. �ihis approval �vill e�pire wilh the
accompanyino JOd permit.
I[ is undentood that there will be no impacts ro[he Cata�vba buf7er area, howev�r; b�cause the pro�imi[}� of the
wurk is close to die buffer area. �critten cuncurrence is bein_ provided to clarify the impac�s. II additional impacts
are made close W or in the buffer area, please contact tlie permit writer. It is also understood Ihat the pzrmanent
impacts are previousl�� tsistin, and NC DC)T is repairin� a heavily impacted and eroded systzm that �aas dama,ed
b� local drvelopmenL Should additional pernianent impacts be needed. please contact the permit writer for
additional�suidance.
This approval is valid solely fur die purpose and desi�n described in }our application. Should your project change.
,tir,uculVunhldrulina Pmirunincnmlpu.ihb
I ol7 \lad S;r�ire Center � RcJeiJt Nnnh Carolino'_769U-I��I �

you must notify the NCDWR and 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 the conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the
future) exceed 150 finear feet, compensatory miti�ation may be required as described in l5A NCAC 2H .0506 (h)
(6) and (7). Buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0243. For this
approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional
conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff sl�all be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
2. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used
for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a
vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap may
be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and any calculations used to determine the extent of rip,rap coverage requested. Once
the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new
channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)
3. For the 40 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)]
General Conditions
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 durin� 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. [ I SA NCAC 02B.0200]
3. Durin� the construction of the project, no sta�ing of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [1�A 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
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passa�e. [15A NCAC 02H.0506(b)(2)]

6. The Permittee shall ensure that the final 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
(�)(2)l
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 shafl 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. [ 1 SA 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.
[15ANCAC 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)]
1 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)]
12. The permittee and its authorized a�ents 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. [ 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 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)] �
l5. 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 fencin� are prohi6ited 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)]
l 8. 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 Fonn" 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 warers 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 ac[ivities.[15A NCAC 02H.0506(bx3) and (c)(3))
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, ins[allation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [ISA NCAC 02H.0506(bx3) 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 Sedrment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and mainrenance 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
Norrh Carolrna Sediment and Erosion Control Manual. The devices shall be main[ained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow piu associated with the project.
a 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
Mrning 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 weNands or waters unless othenvise
approved by this Certificatioa [ISA NCAC 02H.0506(bx3) and (cx3)]
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 oFAdministrative hearings. You must file the petition
with the office of Administra[ive Hearings within sixty (60) days of receipt of this no[ice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Ofiice of
Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Otlice of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the O�ce of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please wntact Donna Hood at [phone] or [e-mail].
Sincerely�
��� /'��
�`te�
Linda Culpepper, Intenm D�rector
Division of Water Resources

Electronic copy only distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Trish Beam, Division 12 Environmental Officer
Donna Hood, NC Division of Water Resources Mooresville Regional Oft7ce
File Copy

Environmenlul
Qua(ity
NCDWR Projcct No.:
Applicant:
Project Namc:
Date of Issuance of 401 Water Qualitr Certification:
Counh:
ROY'COOPER
�,,.��:�.�,�,,,�
MICH.AEL. S. REGAN
L „�r.rn
LINDA CULPEPPF.R
r„��-,-,,,� i ��,�, �<«„-
Certificale of Completion
Upon completion ol all �ork appro��ed within ihe -t01 Water Quulity Certilication or ap�licable Buffer Rules, and
am� subseyuent mudifications, the applic2nt is requircd to retum this cettilicatc lo Ihe-l01 17ansportation Permittine
Unit, Nonh Carulina Division of Wa�er Rzsource,, 1617 Mail Scrvite Cenier, Ralcigh. NC, 37699-1617. This torm
may be returned to NCDW'R b�� the applicant, the applicant's au�horized a�ent. or the project eneineer. It is no�
necessan� iu send certificates from all of these.
applicunt's Cerli/icnlion
I, . hereb� st�ie that. w the best of m}� abilities. dire care and Jili,entt
�sas useel in Ihe observatiun ofthe constructiun such that ihe consvudion �+�as obserced ro be buil[ within substantial
compliance and imem ol Ihz 401 R'ater Qualit� Czrtification and Quffrr Rules, the approved plans and
speciticaiions. �nd other supporlin�� maierials.
Si�nature: Date:
.-1gew!'c Certlfrcation
I, , hereb� ;tare thai, to �he be�t of mc abilitie., duc care and dili�ence
�cas used in the ob�rrvatiun ol ihe consiruction such thai the construction �vas observed [o be buili within substantial
compliance and in�ent of ihe a01 Water Qualitv Ceriifca�ion and Buffer Rides, the approved plans and
sprcillcations. and other supportine ma�erials.
Si�nature:
Engiireer's Cerlifrcalroir
Panial �inal
Datc:
I, , as a dul� re�i,tere�l Protissional Bi��ineer in the ti[ate of North
Carolina. havin, been authorized to observe (periodicall}. �ccekl�, full time) the construction of the project for the
Perniittze hereby slate tha�. to the bes� uf m�� abilities, duc care and dilieence �+�as uscd in the observa[ion of the
consVuc�ioo sucl� that Ihe construction H�as obseived ro he huilt ti�ithin substantinl complianre and intent of the -l0I
W'ater Qualih Certitication and Butler Rides, the approved plans �nd spzcihcations. and other suppurting materials.
tii�nature _
Da[e
Re,istration No.
tiiolzul NurthGirolina, I.nnronmtnWl l)ualtl�
In17bWil�enr•eC�.nicr Kalnsh.VonhCnrolinn'_7I.�>9-P�li