19970616 Ver 1_Approval Letter_19980420

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. David Robinson
NC DOT
PO Box 25201
Raleigh NC 27611-5201
Dear Robinson:
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Apri120, 1998
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Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed US 421 relocation from west of South Fork of the New River to east of the Blud'
Ridge Parkway.
WQC Project ~ 970616 COE 199707161, TIP R-529 BA, BB, BD
Watauga County
Attached hereto is a copy of Certification No. 3185 issued to the N. C. Deparunent of
Transportation dated Apri120, 1998.
If we can be of further assistance, do not hesitate to contact us.
i e ,
1
r ton How" , Jr. P. .
Attachments
970616.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Frank McBride
Coleen Sullins
Ms. Judy Moretz
Ron Ferrell; WRP
Division of Water Quality Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycied/10% post consumer paper

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 to the NC DOT resulting
in 1.32 acres of wetland and 13,461 linear feet of stream impact in Watauga County pursuant to a
revised application dated the 9m day of October 1997 to relocate US 421 from east of the South
fork of the New River to west of the Blue Ridge Parkway.
The application provides adequate assurance that the discharge of fill material into the
waters of Rocky Branch, Pine Run Creek, Thaxon Creek, Laxon Creek, Gap Creek and the South
Fork of the New River 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, as described in the Public Notice. If you change your project, you must notify us "
and send us a new application for a new certification. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is the;eby responsible for complying
with all conditions. If additional wetland fills for this project (now or in the future) are
proposed, additional compensatory mitigation will be required as described in 15A NCAC 2H
.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below.
In addition, you should get any other federal, state or local permits before you go ,ahead with
your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater,
Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. 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" (available from the
Division of Land Resources in the DEHNR Regional or Central Offices) shall be utilized
to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in
all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes
and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the Division of Land Resources has released the
project;
3. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
4. All of the wetland mitigation and a portion (to be determined in mitigation
plan) of the stream mitigation shall be done at the Sparta Bog mitigation site as
discussed in the March 27, 1998 memo (feasibility study) from DOT entitled "Wetland
and Stream Mitigation Strategy for US 421". The NC Wetland Restoration Program

shall be involved in the design of this mitigation site. DWQ shall be copied on the final
mitigation plan and annual reports for five years.
6. Stream mitigation shall be done in accordance with the contract with the NC
Wildlife Resources Commission. Total direct perennial stream impacts will include
13,461 linear feet for this project. Of this 13,461 feet, 6,054 feet shall be relocated
within the project right-of--way, while the remaining 7,407 feet will be permanently lost
due to piping, culverting or fill. The 7,407 feet of permanent impact shall be mitigated
at a 1~:1 ratio. Additional written approval is required from DWQ for these relocation
plans. DWQ shall be involved in the selection of stream mitigation sites. Interim
reports shall be sent to DWQ by October 6, 1998 and April 6, 1999 to describe progress
made in locating suitable and available stream mitigation sites. Conservation easements
or fee simple land purchase shall be done by October 6, 1999 to ensure a 1:1
replacement for impacted streams (74071inear feet). DWQ shall be sent a report
depicting the stream mitigation sites by Apri16, 1999. DOT and WRC shall develop a
stream mitigation monitoring protocol and submit it to DW~, for written approvai. This
protocol shall include monitoring of macrobenthos and streambank stability for five
years.
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7. DOT shall submit a stormwater and on-site stream enhancement plan to DtiVQ
by June 6, 1998 for DWQ's written approval. This plan shall maximize stormwater
treatment and on-site stream enhancement to the maximum practical extent.
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 Federa1404 and/or coastal Area
Management Act Permit. This Certification shall expire upon expiration of the 444 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must
be in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 20m day of April 1998
DIVISION OF WATER QUALITY
1
. Pre ton How , Jr. P.
WQC # 3185