20110464 Ver 1_Approval Letter_20110720

ern
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water t]uality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Departrnent of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
July 2Q 201 I
Cee Freeman
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to NC 88 (West Main Street) from NC 194 to
US 221 Business (South Main Street) in Ashe County, Federal Aid Project No. STP-0088(6), State Project
No. 81711501, T[P U-3812.
NCDWQ Project No. 20110464
Certification No. W00003862
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. W00003862 issued to The North Carolina Department of
Transportation (NCDOT) dated July 20, 2011.
If we can be of further assistance, do not hesitate to contact us.
~//
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Duector
Si
en H. Sullins
Attachments
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Mike Pettyjohn, PE, Division 11 Engineer
Heath Slaughter, Division 11 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program
Wetlands/401"Transportationon Permitting Unite
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27fi99-1650
Locallon: 2321 Crabtree Blvd.. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httpalh2c.enrstate.nc.uslncwetlandsl
Nor[hCarolina
naturally
An Equal OppMUniry 1 Afirmalive Action Emplqyer

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
l5 NCAC 2H .0500 This certification authorizes the NCDOT to impact 0.19 acres ofjurisdictional wetlands and 733
linear feet ofjurisdictional streams in Ashe County. The project shall be constructed pursuant to the application
dated received May 16, 2011 with additional information received May 31, 201 I and June 6, 2011 . The authorized
impacts are as described below:
Stream Impacts in the New River Basin
Site Permanent Fill in Temporary Fill Permanent Temporary Total Stream Stream
Intermittent Stream in Intermittent Fill in Fill in Impact Impacts
(linear ft) Stream (linear Perennial Perennial (linear ft) Requiring
ft) Stream Stream (linear Mitigation
linear ft tt linear ft
1 0 0 86 15 101 0
2 0 0 67 15 82 0
4 0 0 470 80 550 470
0 0 623 110 733 470
Total
Total Stream Impact for Project: 733 linear feet
Wetland Impacts in the New River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
ac ac ac ac Im act ac
3 0.04 0 0.01 0.01 0 0 0.06
4 0.09 0 0.04 0 0 0 0.13
0.13 0 .OS 0.01 0 0 0.19
Total
Total Wetland Impact for Project: 0.19 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the New River
Basin in conjunction with the proposed development will not result m a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the Stale of North Cazolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design [hat you submitted in your application dated received May 16,
2011 with additional information received May 31, 201 l and June 6, 2011. Should your project change, you are
required to notify the NCDWQ 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
any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150
linear feet, respectively, additional compensatory mitigation may be requred as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In
addition, you should obtain all other federal, state or local permits before proceeding with your project including
(but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed
regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Condition(s) of Certification:
I. At sites I, 2, and 3 pipe burial is not required. A[ site 4, placement of the culvert shall be placed below the
elevation of the streambed by one foot to allow low flow passage of water and aquatic life. Also three
concrete sills with alternating four-foot long notches shall be installed as detailed in the permit application.
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 NCDWQ. If [his condition is unable [o be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance
on how [o proceed and to determine whether or not a permit modification will be required.
2. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior [o diverting
water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank
stabilization shalt 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 [o 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.
3. Compensatory mitigation for 470 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts [o streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP
has indicated in a letter dated April 21, 2011 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for [he above-referenced project, in accordance with
[he North Carolina Department of Environment and Natural Resources' Ecosystem Enhancement Program In-
Lieu Fee Instrument signed July 28, 2010.
4. 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 s[mctures should be properly designed, sized and installed.
5. For the 110 linear feet of streams being impacted due to site dewatering activities, the site shall be graded [o
its preconstruction contours and revegetated with appropriate native species.
6. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species.
7. [f concrete is used during construction, a dry work area shall be maintained [o prevent direct contact between
curing concrete and stream water. Water [hat 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.
8. 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.
9. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed tloodplains and streams shall be restored to natural geomorphic conditions.
10. 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.
I I. The Pe rtnittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
12. 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 shall be used to prevent excavation in
flowing water.
13. Heav y equipment shall be operated from the banks rather than in [he stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
14. 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.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by [his
certification.
16. Dischar Bing hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
17. A copy of [his 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.
18. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly mazked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
roles, 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 roles, stormwater management
roles, soil erosion and sedimentation control requirements, etc.

20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
21. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return [he enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed.
22. There shall be no excavation from, 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
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from road construction activities.
23. 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 azsociated 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.
24. Sedi ment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
25. Two copies of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-
construction meeting. The permittee shall provide written verification that the final construction drawings
comply with the permit drawings contained in the application dated received May 16, 201 I. Any deviations
from the approved drawings are not authorized unless approved by the NC Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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 forth from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office 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 of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of [he document is received by [he 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], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601

This the 20th day of July 2011
DIVISION OF WATER QU/ALITY
/~ rColeen H. Sullins
d'0 Director
WQC No. WQC003862

NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required [o return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
App[icanPs Certification
I, ,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 substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agen!'s Certification
I, ,hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the construction such that the constmction 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:
Engineer's Certification
Dale:
Partial Final
I, , as a duly registered Professional Engineer in the Slate of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permiee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the constmction 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
Registration No.
Dale