20181318 Ver 1_Approval Letter_20181126

NOR f H CAROiINA
ROY COOPER Eevlronmenraf Qrealtry
Gnvrmw
MICHAEL S. REGAN
sM.nrary
LINDA CULPEPPER
lrttertm Direrta
November 26, 2018
Gaston Counry
NCDWR Project No. 20181318
Hwy 274 Improvemen[s
STIP Project No. W-5601.R
APPROVAL of 401 WATER QUA WTY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mark Stafford, P.E., Division Engineer
NCDOT, Division 1?
P.O. Box 47
Shelby, North Carolina, 28151
Dear Mr. Stafford:
You have our approval, in aceordance with the conditions listed below, for the following impacts for the
purpose of improving Highway 274 in Gaston County:
Stream Impacts in the Ca[awba River Basin
Permanent FII Tem��rary P511 Permanent FII 7'emporary FII Total Stream Stream ImFmcts
Site ��� In[ermittent in Intermittent in Perennial in Perennial � �� Requiring
Stream SCream Stream Stream � Mitigation
(linear fi)
Qinear ft) (linear ft) (linear ft) Qinear ft) (linear ft)
I I50 150 0
0 0
0 0
0 0
TOTAL 0 0 ISO 0 I50 0
Tutal Stream Impact (or Projec[: 150 linear feet.
The project shall be constructed in accordance with your application dated received September 28, 2018. After
reviewin� your application, we have decided tha[ these impacts are covered by General Water Quality Certification
Number 4134. This certification corresponds to the Nationwide Pennit 27 issued by [he Corps of Engineers. . In
addition, you should acquire any other federal, stace or local permits before you proceed with your project includi�g
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Suppty Watershed regulations. This
approval will expire with the accompanying 404 pennit.
This approval is valid solely for the purpose and design described in your application (unless moditied below).
D_E Q"
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North Carolina Department of Environmental pualiry I Division of Wa[er Resources
512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699d617
919707.9000

Should your project chanee, you must notify the NCDWR and submit a new applica[ion. I(the property is sold, the
new owner must be eiven a copy of this Certification and approval letter, and is thereby responsible for complying
wi[h all the conditions. If to[al wetland Tills for this projec[ �now or in the fumre) exceed one acre, or of rotal
impac[s to streams (now or in the fu[ure) e�ceed 150 linear feet, compensatory miti�ation may be required as
described in I SA NCAC �FI .0>06 (h) (6) and (7). For this approval to remain valid, you must adhere ro Ihe
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) oP Cer[ification:
Project Specific Conditions
l. The NCDOT Division Environmental Otlicer or Emironmental Assistant w�ill conduct a pre-construc[ion
meeti�g with all appropriare staff to ensure that Ihe project supervisor and essential staff understaiid [he
putential issues wilh stream and pipe alignment at thc permitted site. NCDWR staff shall be invited to the
pre-conshuetion meetine. [ISA NCAC 0?H.0506(b)(2) and (b)(3)
2. All channel relocations will be construcced in a drv work area and stabilized before stream Flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by NCDWR
staff, prior to diverting water into fhe new channel. Whenever possible, channel relocations shall be
allowed to stabilize for an en[ire growing season. Vegetation used tor bank stabilization shall be limited to
native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foo�
wide veeetated buffer on both sides of the relocated channel to [he masimum estznt practical. All sveam
banks shall be matted with coir tiber mattine. Also, rip-rap may be allowed if it is necessary to maintain
the physical in[egrity of the stream, but [he applicant must provide writ[en jus[ificaCion and any
calculations used to determine die extent of rip-rap coveraee reyuested. Once the stream has been turiied
into [he new channel, it may be necessary to mlocate stranded fish to the new channel to prevent fish kills.
[ISA NCAC 02H .0506(b)(3)
3. The permittee shall visually monitor [he veeetative plantin_s [o assess and ensure complete stabilizalion of
the mi[ioation stream segments. The moni[oring shall be conduc[ed annually for a minimum of 3 y�ears
after final planting. Photo documentation shall be utilized to document the suceess of the riparia�i
vegetation and submi[ted to the NCDWR in a final report within sixty (60) days after completing
monitoring. After i years Ihe NCDOT shall con[ac[ the NCDWR to schedule a site visi[ to "close ouC'the
mitigation site.
General Conditions
Unless otherwise approved in this certitication, placement of culverts and o[her strucfures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter grea[er than 48 inches, and 20 percent of the culvert diameter for wlverts havins a diameter
less than d8 inches, to allow low �ow passage of water and ayuatic life. Desi�n and placement of
culverts and other structures includin, [emporary erosion control measures shall not be conducted in a
manner tha[ may result in dis-equilibrium of wedands' or streambeds or banks, adjacent to or upstream
a�d downsveam of the above structures. The applicant is required to provide evidence diat the
equilibrium is being maintained if requested in writin, by NCDWR. If this condition is unable to be met
due to bedrock or o[her limitine fea[ures encountered durin� construction, please contact NCDWR for
_uidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)J
2. IFconcrete is used during construction, a dry work area shall be maintained ro prevent direct contact
between curing concrete and stream water. Water that inadvzrtently contacts uncured concre[e shall
�.:,. � Q��
North Carolina Department of Environmental Quality � Division o� Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Camlina 27699-161i
919.707.9000

not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [ISA NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is pennitted in waters of
the U.S., or protected riparian buffers. [I SA NCAC 02H.0506(b)(2)]
4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified.
Uisturbed floodplains and streams shall be restored to namral oeomorphic condi[ions [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Nornial 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. [ISA NCAC 02H.0>O6(b)(2)]
6. The Pemiittee shall ensure that the final design drawings adhere to the permit and ro the permit
drawings submitted for approvaL [I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and
(c)(?)l
7. All work in or adjacen[ [o stream waters shall be conduc[ed in a dry work area. Approved BMP
measures from the most curzen[ version of NCDOT Consh'uction and Maintenance Activi[ies manual
such as sandbaas, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in Flowing watec [ISA NCAC 02H.0�06(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 [o
prevent con[amination of stream waters from fuels, Iubricants, hydraulic fluids, or other toxic materials.
[ I >A NCAC 02 H.0506(b)(3 )]
10. No rock, sand or other materials shall be dredged from [he stream channel except where authorized by this
certificatio�. [ISA NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixwres 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 i[s ac[ivi[ies 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 desi;nated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary ro assure compliance,
the NCDWR may reevaluate and modify this certification. [I ip 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. [I SA NCAC 02HA�06(b)(2)]
l4. A copy of this Wacer Qualiry 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 managec [ISA NCAC 02H .0507(c) and ISA NCAC 02H
0506 @)(2) and (c)(2)]
;..�; � Q��'
North Carolina Departmen[ of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 2769&16ll
919.707.9000

I5. The outside bufler. wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to am� land disturbin,
ac[ivities. Impacts [o areas within the fencing are prohibited unless otherwise authorized by ihis
certification. [ISA NCAC O�H.0�01 and .0502]
16. The issuance of this certification dces not exempt �he Pemiittee from complying with any and all statutes,
rules, re�ulations, or ordinances that may be imposed b}' other �overnment a_encies ( i.e. local, state, and
federal) havingjurisdiction, including but no[ limited to applicable buffer rules, sronnwarer management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall repon any violations of this certificatiun ro the Division of Water Resources within
24 hours ofdiscovery. [ISA NCAC 02E3.0506(b)(2)J
18. Upon comple[ion of the project (includin� aoy impacts at associated borrow or waste sites), the NCDOT
Division En�ineer shall comple[e and retum the enclosed "Cenification of Completion Form" ro notify
the NCDWR when all work included in the 401 Certitication has been completed. [I?A NCAC
02H.0502(t�]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), e[ al.) must be reestablished in
the riparian areas within [he construction limits of the project by the end of the growing season followin�
completion ofconshuction. [19A NCAC 02B.0331(b)(6)] �
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this pemiit without appropriate moditication. Should waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or sVeams, compensatory miti�ation will be required since that is
a direct impactfrom road construction activities.[ISA NCAC 02H.0>O6(b)(3) and (c)(3)]
2L Erosion and sediment control practices must be in full compliance with all specifica[ions ;oveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [ISA NCAC 02H.0�06(b)(3) and (c)(3]):
a. The erosion and sediment control measures f'or tlie project must be designed, installed, operated,
and main[ained in accordance with the most recen[ version of the Nor7h Crvolrnn Sedimenr mvd
Erosin�a Contrnl Plmneuvg m�d Desig�� Ma�vanl.
b. The desi�n. installation, operation, and mainten�nce of the sediment and erosion control measures
must he such that they equal, or esceed, the requirements specified in the most recent version of the
North Carolino Sedimenr ond Erosiun Cunn�ol Mu�anal. The devices shall be maintained on all
construction sites, borrow sites, and .vaste pile (spoil) projects, includin� contractor-owned or leased
borrow pits associated widi [he project.
c. For borrow pi[ sites, the erosion and s-ediment control measures mus[ be designed, installed,
operated. and maintained in accordance with the most recent version of the Aur�h Curolina Sur/ucr
A1r�zinK hlnnun(.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Convol Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certitication. [ I SA NCAC 02H.Oi06(b)(3) and (c)(3)]
If you wish tu contest any starement in the attached Certitication you must file a petition for an administrative
hearin�. You may ob[ain the peti[ion form from [he office of Adminis[rative hearin�s. You mus[ file [he petition
with the oftice of Administrative Hearings within sixty (60) days of receipt of this notice. A pe[ition is considered
;.�.,.� � Q�,�
North Carolina Department of Environmental Quality �, Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 2 7 699-161 7
919707.9000

tiled when it is received in [he office of Administrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepts filin,s Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Administretive Hearin�s.
The petition may be faxed-provided the oriainal 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 Administrative Hearings
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 Emironmental Quality
1601 Mail Service Cen[er
This Ietter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
havz any questions, please co�tact Donna Hood at [phone] or [e-mail].
Sincerely,
/ �' � '�'�'�n � 6�
� ���
Linda�ulpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Trish Beam, Division 12 Emironmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC W ildlife Resources Commission
lason Elliott, NCDOT, Natural Environment Section
Donna Hood, NC Division of Water Resources Mooresville Regional O�ce
File Copy
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 276941617
919.707.9000

ROY COOFER
Gnurmd
MICHAEL S. REGAN
SMIPf�fy
LIN�A CULPEPPER
frt�ertm Obectw
NORT H CAROiINA
Ertvlronmrnfal Qualfry
NCDWR Project No.:
App�icant:
Project Name:
County
Date of Issuance of 401 Water Quality Certifica[ion:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules. and
any subsequent moditica[ions, the applicant is required to retum this certificate to die 401 Transportation Pennitting
Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh. NC, 27699-1 6 1 7. This form
may be re[urned to NCDWR by the applicant. [he applicant's authorized a�ent, or [he projec[ engineer. It is nol
necessary to send certiticates from all of these.
Applican7's Cerlificatinri
l, , hereby state that, to the best of my abilities, due care and dilieence
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 materials.
Signature: Date:
AgenYs Certifieation
I, . hereby state that, to the best of my abilities, due care and dilieence
was used in the observation of the construction such that the consvuction was observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and Quffer Rules, the approved plans and
specifications, and other supportin, materials.
Signamre:
Engineer's Certifrcalioit
Partial Final
I, . as a duly registered Professional Engineer in the State of North
Carolina. having been authorized to observe (periodically. weekly, full time) [he construction of the project for the
Permittee hereby state that, to 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 substan[ial compliance and incent of the 401
Water Quality Certification and Buffer Rules. the approved plans and specifications. and other supportine materials.
Signature
Date
Registration No.
��,..�.� Q�,�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury SVeet I 1617 Mail Service Center I Raleigh. North Carolina 2 7 699-16 17
919707.9000