20070965 Ver 1_Approval Letter_20070918

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 18, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed Visitor Center-Rest Station in Wilkes County, Federal Aid
Project No. NHS-421(32), State Project No. 36401.1.1, TIP K-4703.
DWQ Project No. 07-0965
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3676 issued to The North Carolina Department of Transportation
dated September 18, 2007.
If we can be of further assistance, do not hesitate to contact us.
f
Coleen H. Sullins,
Director
Attachments
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Brett Feulner, NCDOT PDEA
Heath Slaughter, Division 11 Environmental Officer
Chris Miltscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
NC Ecosystem Enhancement Program
DWQ Winston Salem Regional Office
DWQ 401 Transportation Permitting Unit
N~~one~~Carolina
Transportation Permitting Unit ~/Vl1tllCQ~~I,~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
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Dr Gregory Thorpe, PhD
Sepxember 14, 2007
DWQ # 07-0965
Page 2 of 5
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 (DWQ) Regulations in 15
NCAC 2H .0500. This certification authorizes the NCDOT to impact 657 linear feet of jurisdictional streams and in
Wilkes County. The project shall be constructed pursuant to the application dated May 21, 2007 and additional
information dated August 1, 2007. The authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin
Site 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
lA 115 115 115
1B 81 81 0
2 278 278 278
3 124 124 124
4 59 59 59
Total 81 576 657 576
Total Stream Impact for Project: 6571inear feet
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin 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 ofSections 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 May 21, 2007
and additional information dated August 1, 2007. Should your project change, you are required to 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 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 pemuts 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:
Compensatory mitigation for 5761inear 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 August 17, 2007 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-
Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
No°;thCazolina
Transportation Permitting Unit lltllCa~~1,J
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
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Dr Gregory Thorpe, PhD
September 14, 2007
DWQ # 07-0965
Page 3 of 5
2. Upon completion of this project, the permittee shall maintain a Stormwater Management Plan that addresses
perpetual maintenance of the stormwater management facilities, including hazardous spill basins, approved with
this Certification
3. 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.
4. 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.
5. 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.
6. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
7. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
8. 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.
Placement of culverts and other structures in waters, streams, and wetlands shad 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.
NQ~thCarolina ,
Transportation Permitting Unit RtllCll~~l,~
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.usJncwetlands
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Dr Gregory Thorpe, PhD
ge~,tember 14, 2007
DWQ # 07-0965
Page 4 of 5
10. Due to existing perched pipe conditions at Site I and Site III, culvert extensions are not required to be buried per
the previous condition. Natural Rock Energy Dissipater Pads will be installed to prevent erosion and scouring
downstream of the culvert extensions at these permitted sites.
11. 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.
12. 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.
13. The dimension, pattern and profile of the stream above and below the .crossing shall not be modified beyond
that described in the permit application. Disturbed floodplains and streams shall be restored to natural
geomorphic conditions.
14. 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.
15. 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.
16. 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.
17. 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.
18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
20. Upon completion of the project, 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.
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 Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
No ethCarolina
Transportation Permitting Unit ~RtllCll~~l,'
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] i FAX [phone] Internet: http:/lh2o.enr.state.nc.us/ncwetlands
An Equal OpportuniiylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper

Dr Gregory Thorpe, PhD
'. Sep ember 14, 2007
DWQ # 07-0965
Page 5 of 5
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, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. 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 18a' day of September 2007
DIVISION,C3I~"C~ATER QUALITY
'~-
Coleen H. Sullins, '""
Director
WQC No. 3676
Noe Carolina
Transportation Permitting Unit `' ' ""tuCa~~y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: httg•J/h2o.enr.state.nc.usJncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper