20011715 Ver 2_Approval Letter_20021219

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Gregory J. Thorpe, Ph.D., Manager
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
December 19, 2002
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Re: Water Quality Certification Pursuant to §401 of the Federal Clean Water Act, US 25 from SR
1528 to just north of I-26; Henderson Co.; F.A. Project No. STP-25(3); State Project No.
8.1951101.
TIP Project Nos. R-2214A.
DWQ Project No. 011715
Attached hereto is a copy of Certification No. 3407 issued to The North Carolina Department of
Transportation dated December 19, 2002.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments
Alan W. Klimek, P.E.
cc: John Hendrix, USACE Asheville Field Office
Mike Parker, NCDWQ Asheville Regional Office
Central Files
File Copy

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 (DWQ)
Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to incur the
following permanent impacts:
^ 0.95 acres of fill in jurisdictional riverine wetlands;
^ 0.16 acres of mechanized clearing in wetlands;
^ 1,8641inear feet of jurisdicational stream channels, including 4641inear feet of stream relocation and
3601inear feet of temporary impacts.
in Henderson County, as described in the Application dated November 27, 2002.
The project shall be constructed pursuant to the application dated November 27, 2002 filed to construct
improvements to US 25 from SR 1528 to just north of I-26 (TIP Project No. R-2214A).
The application provides adequate assurance that the discharge of fill material into the waters of the state
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. Should
your project change, you are required to notify the DWQ in writing, and you may be required to 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 this project incurs
additional wetland or stream impacts, 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, Non-
discharge and Water Supply watershed regulations. This Certification shall expire three (3) years from
the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding
Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
1. NCDOT shall abide by any conditions or moratoriums as determined by the NC Wildlife Resources
Commission.
2. The applicant must follow the appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual, whichever is more
appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) and shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard (50 NTUs in all fresh water streams
and rivers not designated as trout waters and 25 NTUs in all lakes and reservoirs);
3. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT March
1997), specifically using all applicable preventive and control measures during the design,
construction and maintenance of this project. These measures shall be implemented prior to any
ground-disturbing activities to minimize impacts to downstream aquatic resources.

4. Storm water shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate
to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into
streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized
for storm water sheet flow.
5. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
6. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated
with this permit without appropriate modification of this Certification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
7. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown
to DWQ that providing passage would be impractical. 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 stream beds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the equilibrium shall
be maintained if requested in writing by DWQ.
8. The pipes required for this project shall be designed and installed in a manner that does not initiate a
headcut along the streams. NCDOT must submit a plan for written DWQ approval to address any
headcutting that will occur as a result of this project.
9. Mitigation: Compensatory mitigation shall be the same as that approved by the US Army Corps of
Engineers as long as the mitigation required equals a ratio of 1:1 restoration or creation of lost
wetland acres as described in 15A NCAC 2H.0506 (h)(6). A report must be submitted to the NC
Division of Water Quality that describes the final approved stream and buffer mitigation for this
project within two (2) months of the issuance of the 404 permit issued by the Army Corps of
Engineers.
Wetland impacts of 0.95 acres of riverine wetlands, mitigated at a 2:1 ratio through NC Wetlands
Restoration Program for a total of 1.90 acres of mitigation.
Stream impacts total 1,8641inear feet in the French Broad River Basin. NCDOT proposes to provide
compensatory mitigation at a 2:1. Compensatory mitigation will consist of the following:
^ 4641inear feet of on-site stream relocation using natural channel design.
The stream restoration shall be performed and maintained according to approved plans before
any mitigation credit is given. If this Office determines that the stream restoration or
associated riparian area has become unstable, the stream shall be repaired or stabilized using
only natural channel design techniques if possible. Additionally, the vegetation in the
riparian shall be maintained and/or replaced according to the approved plans. Rip-rap and
other hard structures may only be used if required by the Division of Land Resources or a
Delegated Local Program. Additionally, all repair designs must be submitted to and receive
written approval from this Office before the repair work is performed.
Since the restored stream is proposed as compensatory mitigation for stream impacts, the
restored portion and associated riparian buffer area shall be preserved in perpetuity through a
preservation easement or some other legally binding mechanism or agreement. The above
easement or other legally binding mechanism or agreement must be in place before any
mitigation credit shall be given. Additionally, the stream physical and biological monitoring

plan shall be followed and reports shall be submitted to this Office after the first year and
every other year afterwards for a total of five (5) years.
^ NCDOT will be paying the NC Wetlands Restoration Program for the remainder of the
impacts which include the 1,4001inear feet of stream channels at a 2:1 ratio (total of 2,800
linear feet of mitigation).
In accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h). Until plans are received and approved
for the stream relocation using natural channel design, wetland or stream fill shall not occur.
10. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project. NCDOT is strongly advised to
send in photographs upstream and downstream of each culvert to document correct installation
The Applicant shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
Violations of any condition herein set forth shall 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 Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This the 19"' day of December 2002
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
WQC No. 3394