20130037 Ver 1_Approval Letter_20130522

A
GA`
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director,
May 22, 2013
Marc Hamel, P.E.
Rail Division Engineer
North Carolina Department of Transportation -Rail Division
1553 Mail Service Center
Raleigh, North Carolina, 27699 -1553
John Skvarla, III
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and ISOLATED
WETLANDS PERMIT Pursuant to IWGP100000 with ADDITIONAL CONDITIONS for Proposed
improvements to Bowers to Lake Rail in Davidson County, Federal Aid Project No. FR- HSR- OOS(681),
State Project No. WBS No. 490101.1.STRO4, TIP C -4901 AD
NCDWQ Project No. 20130037
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3957 issued to The North Carolina Department of Transportation
(NCDOT) dated May 22, 2013.
If we can be of further assistance, do not hesitate to contact us.
Sincerel /y,
Charles Wakild
Director
Attachments
cc: Scott Davis, Axiom Environmental, inc. (electronic copy only)
John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Kent Boyer, Division 9 Environmental Officer (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
NCDWQ Transportation Permitting Unit (electronic copy only)
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally
2

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and ISOLATED
WETLANDS PERMIT Pursuant to IWGPI00000 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
15 NCAC 2H .0500 and ISOLATED WETLANDS PERMIT. This certification authorizes the.NCDOT to impact
3.48 acres of jurisdictional wetlands, 0.53acres of isolated wetlands, and 1467 linear feet of jurisdictional streams in
Davidson County. The, project shall be constructed pursuant to the application dated received January 9, 2013 with
additional information dated received March 18, 2013, March 28, 2013, and May 7, 2013. The authorized impacts
are as described below:
Stream Impacts in the Yadkin -Pee Dee River Basin
Site (Stream)
Permanent Fill
in Intermittent
Stream
linear ft
Temporary Fill
in Intermittent
Stream
linear ft
Permanent Fill
in Perennial
Stream
linear ft
Temporary Fill
in Perennial
Stream
(linear ft
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
(linear ft
1 (Stream 1)
8 (Wetland 5)
0.09
102
7
109
1 (Stream 2)
0.19
10 (Wetland 7)
102
4
106
0.07
1 (Stream 3)
47
0.24
11 (Wetland 9)
1.98
47
0.02
2 (Stream 4)
114
10
2.25
13 (Wetland 13)
124
3 (Stream 5)
112
32
0.03
0.03
144
0.04
4 (Stream 6)
220
6
0.07
226
220
5 (Stream 7)
50
5
0.18
55
0.63
6 (Stream 9)
112
17
1
0.04
129
0.07
9 (Stream 11)
Total
2.77
0.00
40
40
0.00
11 (Stream 12)
3.48
44
44
11 (Stream 13)
71
71
12 (Stream 14
204
19
223
204
14 (Stream 20)
61
61
18 (Stream 24)
46
16
62
TOTAL
930
150
294
67
1441
424
Total Stream Impact for Project: 1441 linear feet
Wetland Impacts in the Yadkin -Pee Dee River Basin
Site (Wetland
no.)
Fill (ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing (ac)
Total
Wetland
Impact (ac)
Impacts
Requiring
Mitigation (ac)
8 (Wetland 5)
0.09
0.10
0.19
0.19
10 (Wetland 7)
0.17
0.07
0.24
0.24
11 (Wetland 9)
1.98
0.02
0.25
2.25
2.25
13 (Wetland 13)
0.01
0.02
0.03
0.03
15 (Wetland 20)
0.04
0.03
0.07
0.07
16 (Wetland 21)
0.45
0.18
0.63
0.63
17 (Wetland 23)
0.03
1
0.04
0.07
0.07
Total
2.77
0.00
1 0.02
0.69
0.00
3.48
3.48
Total Wetland Impact for Project: 3.48 acres

Isolated Wetland Impacts in the Yadkin -Pee Dee River Basin
Note: Isolated wetland impact is a mitigable impact.
Total Isolated Wetland Impact for Project: 0.53 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin -Pee Dee
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina 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 that you submitted in your application dated received March
18, 2013, March 28, 2013, and May 7, 2013. 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 required 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:
Project Specific Conditions
1. Compensatory mitigation for 424 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to 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 March 26, 2012 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance
with the EEP Mitigation Banking Instrument signed July 28, 2010.
2. Compensatory mitigation for impacts to 4.01 acres of riverine wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has indicated in a letter dated March 28, 2013 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above - referenced project, in accordance with the North Carolina Department of Environment and Natural
Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument signed July 28, 2010.
3. 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._ NCDWQ staff shall be invited to the pre- construction
meeting.
4. Post - construction stormwater shall be designed as approved in stormwater management plans dated received
March 28, 2013, March 28, 2013, and May 7, 2013. If any changes are made to the post- construction stormwater
design, the Division of Water Quality shall be contacted for approval of the changes.
5. 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 7, 2013. Any deviations from the
approved drawings are not authorized unless approved by the NC Division of Water Quality.
6. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the special or threatened waters.
7. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas.
For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with
an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion
control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place
Mechanized
Hand Clearing
Total Wetland
Site
Fill (ac)
Fill (temporary) (ac)
Excavation (ac)
Clearing (ac)
(ac)
Impact (ac)
7 (Wetland 4)
0.38
0.15
0.53
TOTAL
0.38
0.00
0.00
0.15
0.00
0.53
Note: Isolated wetland impact is a mitigable impact.
Total Isolated Wetland Impact for Project: 0.53 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin -Pee Dee
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina 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 that you submitted in your application dated received March
18, 2013, March 28, 2013, and May 7, 2013. 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 required 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:
Project Specific Conditions
1. Compensatory mitigation for 424 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to 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 March 26, 2012 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance
with the EEP Mitigation Banking Instrument signed July 28, 2010.
2. Compensatory mitigation for impacts to 4.01 acres of riverine wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has indicated in a letter dated March 28, 2013 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above - referenced project, in accordance with the North Carolina Department of Environment and Natural
Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument signed July 28, 2010.
3. 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._ NCDWQ staff shall be invited to the pre- construction
meeting.
4. Post - construction stormwater shall be designed as approved in stormwater management plans dated received
March 28, 2013, March 28, 2013, and May 7, 2013. If any changes are made to the post- construction stormwater
design, the Division of Water Quality shall be contacted for approval of the changes.
5. 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 7, 2013. Any deviations from the
approved drawings are not authorized unless approved by the NC Division of Water Quality.
6. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the special or threatened waters.
7. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas.
For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with
an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion
control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place

with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian
areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment
of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch
applied from a fertilizer- and limestone -free tank is allowable at the appropriate rate in conjunction with the
erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
8. Channel relocations shall be completed and stabilized, 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.
9. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated
using appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention
ponds, etc.) prior to discharging to surface waters.
10. 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 NCDWQ. If
this condition is unable to be met due to bedrock, steep slopes or other limiting features encountered during
construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
11. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and /or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
12. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation
13. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the Individual Water Quality
Certification.
14. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and
pre- treated through site - appropriate means (grassed swales, pre- formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
15. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
16. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed of properly.
17. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ
in this certification.
18. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and
then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the bottom of the surface water.
19. 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.
20. For the 217 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.
21. 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 revegetated with appropriate native species.
22. 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.

General Conditions
1. 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 fencing are prohibited unless otherwise authorized by this certification.
2. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
3. 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.
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.
5. 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.
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.
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
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 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.
9. 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.
10. 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.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
13. 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 NCDWQ 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, NCDWQ may reevaluate and modify this
certification. .
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
15. 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.
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. 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 Form" to notify NCDWQ when all
work included in the 401 Certification and Isolated Wetlands Permit have been completed.
18. Native riparian vegetation 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.
19. 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.
20. 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.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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 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 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 5: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 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: (919) -431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 22th day of May 2013
DIVISION OF WATER QUALITY
tM /CharlesW'akild
Director
WQC No. 3957