20080508 Ver 1_Approval Letter_20080715

W ATF Michael F. Easley, Governor
0~ R William G. Ross Jr., Secretary
\OC~ PG North Carolina Department of Environment and Natural Resources
co Coleen Sullins, Director
Division of Water Quality

July 15, 2008
Rowan County
DWQ Project No20080508 v.I
US 70 Widening
TIP No. R-291 1 B
State Project No. 8.1631801
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Director
Planning and Environmental Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Dr. Thorpe:

You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Widening US 70 from the Rowan/Iredell County line to SR 1001 (Amity Hill Road) in Rowan County:
Stream Impacts in the Yadkin River Basin
Permanent Fill Temporary Fill in Permanent Fill Temporary Fill in Total Stream Stream Impacts
Site in Intermittent Intermittent in Perennial Perennial Stream Impact Requiring Mitigation
Stream (linear ft) Stream (linear ft) Stream (linear ft) (linear ft) (linear ft) (linear ft)
1 0 0 0 34 34 0
2 0 0 0 0 0 0
3 0 0 `137 0 137 0
4 0 0 145 0 145 0
Total 0 0 282 34 316 0
Total Stream Impact for Project: 316 linear feet.
Wetland Impacts in the Yadkin River Basin

Site Permanent Temporary Excavation Mechanized Hand Clearing Area under Total Wetland
Fill (ac) Fill (ac) (ac) Clearing (ac) (ac) Bridge (ac) Impact (ac)
1 0 0 0 0 0 0 0
2 0 0 0 <0.01 0 0 <0.01
3 0 0 0 0 0 0 0
4 0.05 0 0.01 0.03 0 0 0.09
Total 0.05 0 0.01 0.04 0 0 0.10
Total Wetland Impact for Project: 0.10 acres.
Surface Water m pacts in the Yadkin River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open
Open Waters ac Open Waters (ac) Waters ac
1 0 0.04 0.04
2 0 0 0
3 0.02 0 0
4 0.02 0 0
Total 0.04 0.04 0.08
Total Surface Water Impact for Project: 0.08 acres.
I
No~rthCarolina
Transportation Permitting Unit a ~ vatmrally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httr)://h2o.enr.state.nc.us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

F WAIF Michael F. Easley, Governor
• \O~U RpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
U) Coleen Sullins, Director
j _71 Division of Water Quality

The project shall be constructed in accordance with your application dated received March 20, 2008. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ 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 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.

Conditions of Certification:
1. In order to allow maximum flow in Third Creek, only one causeway will be allowed to be in place at any
given time.

2. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be re-vegetated with appropriate native
woody species.
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed.
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.

5. 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 down stream 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 be met due to bedrock or other limiting features encountered during
construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not
a modification to this certification will be required.
6. 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.

NAhCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlano$
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Michael F. Easley, Governor
O~ W A1~A William G. Ross Jr., Secretary
Q~ North Carolina Department of Environment and Natural Resources
O Coleen Sullins, Director
r Division of Water Quality
o ~

7. 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.

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.
orpotherdtox~ mmaint at rrals.d to
9. All mechanized equipment operated
from fuels, lubricants, regufluidslarly
prevent contamination of stream waters
10. 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.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
shall be directed across the
means the stream.
tormwater formed scour holes, vegetated pre-treated
(grassed swales, pre- S
bridge and re-treated through site-appropriate 12. Bridge deck drains shall not discharge directly into
buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best
Management Practices.
13. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
14. 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
cofferdams and other diversion structures shall be used to prevent excavation in
as, rock berms,
sandb g
flowing water.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
16. Temporary or permanent herbaceous vegetation shall be planted on all bare soils as soon as possible
i
following ground disturbing activities in order to provide long tern erosion control. and
material 17. Tall fescue should not be used in riparian areas. The NCDOshould utilize uonsite bvegeta anks tionnd steep slopes s
for bank stabilization when practicable. Erosion control matting should be on instead of straw mulch and should be well anchored with 12" staples, wooden survey stakes, or live stakes.
ssible to
' 18. Grading and backfilling should be minimized, f and
ftree and ish and wildlife. growth
Backfll maber al should beoobtained
ensure long tern availability of shoreline cover
from upland sites.
19. Only clean, sediment-free rock should be used as temporary when (ca ewaysonnd shou completed be removed
without excessive disturbance of the natural stream bottom
ssocia ere shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters roads to waste
20. Th
_ this certification without appropriate modification. Should waste or borrow sites, or access
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from road construction activities.
I
I
NorthCarolina
Naturally
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htt ://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

• O~ W AT~R Michael F. Easley, Governor
William G. Ross Jr., Secretary
\O~ QG North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
r Division of Water Quality

21. 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 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.
22. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
24. 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.

25. 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.
26. 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:
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.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
28. A copy of this Water Quality Certification shall be maintained on site at 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.
29. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ when all work included in the 401 Certification has been completed.
NolrthCarolina
Transportation Permitting Unit ~ ~ vatmallff
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http~//h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
~F v~ ArEgQ North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
r
J ~

ask for an adjudicatory hearing. You must
If you do not accept any of the conditions of this certification, You may ion n that conforms hearing, send a written Mail Service
act
within 60 days of the date that you receive t Stag es to the Office aof Administrative Hearings> 6714 to Chapter 150B of the North Carolina General der Section 401 of the Clean Water Act. If you
27699. This certification and its conditions are final and binding unless you ask for a hearing.
Center, Raleigh, N.C.
This letter completes the review of the Division of Water Quality
contact David Wainwright at [phone].
have any questions, please
pSi,erely,ins

Attachments (General Certification and Certificate of Completion form)
a cc: Wilmington US Army Corp District Office
US Army Corps of Engineers, Raleigh Field Office
John Thomas,
Kent Boyer, Division 9 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife
~iona]tOffice
Amy Euliss, DWQ Winston-Salem Re
File Copy

One
NthCarolina
~latura!!r~

Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North C arolina Carol na527604
2321 Crabtree Boulevard, Suite 250, Rale9h North
Phone: [phone] FAX [phone] Internet: htt :llh2o.enr.state•n o Recycled/10% c aPost Consumer Paper
An Equal Opportunity/Affirmative Action Employer - 50%