20180656 Ver 1_Approval Letter_20180706

Fnvirorr,rent�i!
Qu�(ity
ROY COOPER
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MICFLAEL S. REG,4N
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LINDA CULPEPPER
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Juh 6.�OIS
Clec�land Counh�
NCDWR Projeet No.'_01806�6�.1
Pipe un SR I �J7
APPROVAL of 101 N�.4TGR QUALITY CfRTIFICATION, wilh ADDITIONAL CONDITIONS
Mr. Mark Stat�ord. P.L.. Uivision F.n�inecr
NCDOi_Division I?
1710 I-:ast Marion Strze�
Shclb�. NC ?8151
Dcar Nlr. Sudf'ord:
You have our approval, in ,�ccurJance with ihe cunditiuns listed belu�c. Ibr thc liillo�cim_ impac[s for the purpose ul'
replacing a pip� on SR I>-l7 1 Wards Gap Ruad) in Cleocland Count�"
Stream Impacts in l6eCala��bA Ri�er 13asin
Permanent Fill �I�em�Mirarc F'ill Permanenl f ill �I�emp�rar�� Fill Stream hn�sich
Toial �trec�m
in Intermittent in hiter�nittenl in Perenni:d in Perennial Requirin!�
Sitc hn�sut
Stream Strcam Stream Stream ���nenr fq '���tigation
(linear Yt) (line�r R) (line�r fl) (lincar ft) Qinear ft�)
I 10 iU 10 0
0 0
0 0
0 U
TOTAL 0 0 10 30 JO 0
Total Shr:�m Impact fur Nrojech 1U line�r fcet.
The project shall be consiructed in accordance with yuurapplicatiun dated reczived Ma� I�.'_OIS. A�ter reoieNin!,
your application. we have decided tht�t these impact� are cuoered b� General Waler Qualit�� Certifcatiun Number
=! I�3. This certification con�espunds ro the Nationwide Permii 3 i�sued b� the Corps o1 En�,ineers. In addition, you
should acyuire an� other feder�l. state or lucal permits belore qou proceed with your project includin�, Ibut not
limitrd tu) Sediment and Erosion Control. Non-0ischarge an�i Wattr Suppl� Watershed re_ulations. This approval
will ezpire �� ith the accompanqin�, �0� permit.
This approval is �alid solely for the purpose and d�sien described in �ow� applicalion (unless modilied below).
Shuuld yuur prqjecl chanee, you imut notifi� the NCDWR and submil a ne�c application. Ifthe proparty is sold. Ihe
n�m� o�ener must be �iven a cup� uf this Certification and approcol letter, and is [hereby� responsible for complpin_
�vith all the condi�iuns. Iftutal wedand f Ils For this prqject �noH or in the lutw�e) e.�ceed one acre, or u'Ftotal
imp�cu to �uYams Inuec or in Ihe future) exceed 300 linear Fcel, compensatury miti,a�iun may� be required �s
described in I�A NCAC 2H .0�06 (h) 16) and 17�. Fur thi� approval to rrmuin valid, ��ou must adhere tu thr
conditions listed in the attached ceniticationls) and an� additi��nal cunditiuns listed below.
,Slolc ai Nonh Curolinu i IlmirnnmtnCd Qir,tlm
I,.I�Atoil9cruccCiuter Rolcieh.NonhCumlina'_7r,99-l01

Condition(s) of Certification:
Proje�t Specific Conditions
1. As requested specifically for this project, any burial requirement for the pipe installation is waived. The
pipe shall be laid on grade with rip rap used for energy dissipation embedded in the sh•eam on the
discharge side of the pipe. [ 1 SA NCAC 02H.0506(b)(2)]
General Conditions
2. 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 passa�e of water and aquatic life. Design and placement of
culverts and other sh•uctures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-ec�uilibrium 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 detennine whether or not a pennit modification will be required.
� i sA vcac o2x.oso6�b��2��
3. If concrete is used durin� construction, a dry work area shall be maintained to prevent direct contact
bet�veen 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]
4. 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)]
5. The dimension, pattern and profile of the stream above and below the crossin� shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ISA NCAC
02H.0506(b)(2)]
6. 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)]
7. The Permittee shall ensure that the iinal design drawings adhere to the pern�it and to the permit ,
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(�)l
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version ofNCDOT 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 02HA�06(b)(3) and (c)(3)]
9. Heavy equipment shall be operated fi•om the banks rather than in tlle stream channel in order to
minimize sedimentation and reduce the introduction of otller pollutants into t11e stream. [15A NCAC
02H.0506(b)(.i)]
10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic tluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by tllis
certification. [15A NCAC 02H.0506(b)(3)]

12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent ta -
surface �vaters is prohibited. [15A NCAC 02H.0506(b)(3)]
13. The permittee and its authorized a�ents shall conduct its activities in a manner consistent with State water
quality standards (incfudin� 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 (includin� the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that fiirther conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [ l5A NCAC 02B.0200]
14. 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.0�06(b)(2)]
1 �. A copy of fhis 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)]
16. 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 prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
17. 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 �overnment a�encies (i.e. local, state, and
federal) having jurisdiction, includin� but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
18. T'he 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)]
19. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division En�ineer 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.0�02(fl] �
20. Native riparian vegetation [ex. Salix nigra, Juncus (spp), Carex (spp), et al.] must be reestablished in the
riparian areas �vithin the construction limits of the project by the end of the growing season followin�
completion of construction. [15A NCAC 02B.0231(b)(6)]
21. There shall be no excavation fi•om, 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 borruw 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)]
22. 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 [1SA 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 Secliment arrd
Erosion Control Planning and Desigi� 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 Carolinrr Sectimer�t and Erosion Control Nlanual. The devices shall be maintained on all
consri•uction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borro�v pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be desi�ned, installed,
operated, and maintained in accordance with the most recent version of the North Carolii�a Surface
�Llinirtg Manual.

d. The reclamation measures and implementation mus[ comply with the reclamation in accordance
with the requirements ofthe Sedimenta[ion Pollution Control Act.
23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish ro contes[ any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain [he peti[ion 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 [his notice. A petition is considered
filed when it is received in the office ofAdministrative Hearings during normal office hours. ihe Oftice 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 oFthe 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 foilowing 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: (9I9) 431-3100
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 Wa[er Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at [phone] or [e-mail].
Sincerely,
/�% �7/�`" ��� co�-
/�" /
Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy onty distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Trish Beam, Division 12 Environmen[al Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Donna Hood, NC Division of Water Resources Mooresville Regional O�ce
File Copy

Environmentui
Quality
NCDWR Project Nu.:
Applicanc
Pruject Name: _ __
Da[e of Issu�nce of 101 W�tcr QualilF� Certification:
Counh:
Kov coo��k
,, �, ,.,,
MICHAEL S. REGAN
�.. •�, �i, ����
LINDA CULPEPPER
n,,;, „„ rn, � , ,,,,
Cer[ificate of Completinn
Upon completiun offlll ��rork approved within the d01 Water Quality Certifica[iun or applicable BuCter Rules, and
any �ubsryuen� mudilications, ihe applicani is required to return this certiticate to the d01 Transponation Pennitting
�Init, North Carolina Division of Wattr Retources. 1617 Mail Service Center. Ralei�h. NC. 37699-1617. This liirm
maq be re�urned [o NCDW R b�� the applican[, the applicant's authorized a,ent, or the project engineer. It i� nu�
necessarv to send certificates from all of these.
: Ipplicunl's Cerlifrcnlion
I, . hereb� stat� �hat, to the best of m� abilitie�. due �are and dilieence
wns usod in tlie observation ol the consvuc�ion such thlt the conctructinn �sas observed to be built within substantial
compliance and intent of the �01 Wnter Qualit� Certitication and 6uffer Rulcs, ihc approvcd plans and
specifications. �nd uther su�porting materiels.
Si�,naturc:
.agenl's Cer�ifica�inn
Dare:
I, . hereb} state that, to thz bzst of m} abili�ies, due care and �iligencc
was used in the observation of the con;truction such that ihe cnnstrucrion ���as observed ro he built within sub�tantial
compliance and intent of the 301 4�'ater Qualitc Ceniticaiion and Buffer Rule,. �he appre�ved plan� and
specitications, and oiher supponin� materials.
Si�mature:
F.�rgiweer'c CerlificMine
Panial
Final
Date:
1. _ , as a duly reeistered Professional En,inecr in the S�a�e of tiorth
Carolina, havin� becn authorized �o obserw (periodic�ll��. «re61y, full tinte) [ht con'struction of the prolec� for ihe
I'ern�iiter hereb�� state Ihnt, tu the best of m�� abilitizs. due care and dilieence was used in ihe observation uf Ihe
con�iruc�ion such ihat the cunstruc[ion was observed to be built within substantiul compliance and imznt uf ihe -401
W'ater Quality Certificatiun and E3u(fer Rulec, the approv�d plans and specifications, und uther suppurtin�_ materials.
Si�nature
Date
RegisVation No. _ _
S�alenfVonhCarnlina LmironmcnlUllluolin
I�� 17 41ad Sen'i:r Ctnlcr . Italrieh. Nonh Qirolma'_7h9v-I I�I'