20071774 Ver 1_Approval Letter_20080201

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Dr. Greg Thorpe, PhD., Branch Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
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
February 1, 2008
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for the Proposed Extension of US 52 from the
Existing Intersection of NC24-27-73, NC 138 and US 52 to the Existing Intersection of
SR 1785 (Johns Road) and US 52 in Albemarle in Stanly County, Federal Aid Project
No. NHF-52(10), State Project No. 8.1680401, TIP R-2320G, DWQ No. 07-1774
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3728 issued to the North Carolina Department of
Transportation (NCDOT) dated February 1, 2008.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
for Coleen H. Sullins
Director
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
William Gilmore, Ecosystem Enhancement Program
Polly Lespinasse, DWQ Mooresville Regional Office
William Barrett, PDEA, NCDOT
File Copy
Nose Carolina
Transportation Permitting Unit d -'u~ura~~tf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htta:l/h2o.enr.state.nc.us/ncwetlands

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 permanently impact 948
linear feet of jurisdictional streams and 0.19 acres of open water (ponds) in Stanly County. The project
shall be constructed pursuant to the application received October 19, 2007 and additional information
received January 11, 2008. The authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin
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e-~~ - lnie~'r feet ±
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Site No. 2 -- - - -
Station -L- 118+00 to 469 0.02 469
120+50
Site No. 3
Station -L- 137+95 414 <0.01 414
Site No. 4
Station -Y4- 9+10 65 0.01 65
Total Stream Impacts for Project: 9481inear feet
Water (Pond) Impacts in the Yadkin River Basin
Site No. 1
Station -L- 94+00 to 0.19 0 0.19
95+25
Total Open Water (Ponds) Impacts for Project: 0.19 acres
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 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 October 19, 2007, and additional information received January 11, 2008. 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 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~a~e ds ppbY watershed regulations.e Thisd
Erosion control, Coastal Stormwater, Non-discharge and
Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permlt.
Conditions of Certification: `
1. Placement of culverts and other structures in watverts with a~diameterl greater than 8eincheseand
elevation of the streambed by one foot for all cul
20 percent of the culvert diameter for culverts having a ement of culverts andlothersstrucltur slow
flow passage of water and aquatic life. Deslgn and p
including temporary erosion control measures, shall ad~acent to andu pstream and downstre m of
J
in dis-equilibrium of wetlands, streambeds or ban s,
the structures. The applicant is required to provide evidence that the equilib If thiss ondgion is
maintained if required in writing by the Division of Water Quality (DWQ)• lease
unable to be met due to bedrock or other li otceed and tosdetermnne whether a permtit ction, p
contact the DWQ for guidance on how to p
modification will be required.
2. Where multiple pipes or barrels are di d, thee o aba els at floodpla n elevat on a for slil oss
sections as closely as possible, mclu g p p
where appropriate. Widening of the stream ]h d~reaseslwater velocity cau ng sedimentdening
at the inlet or outlet end of structures typical y
deposition that requires increased maintenance and disrupts aquatic life.
3. A rock cross vane shall be constructed at t ed intthe additional informat onesubm ttallreceived by
depicted on Sheet 11 and Sheet 2 K lnclud
this office on January 11, 2008.
4. Floodplain benches (as depicted on Sheet 11, "Channel Outlet Detail") shall be constructed on the
outlet end of the culvert at Permit Site No. 2 from the end of the culvert to the rock cross vane in
order to maintain the natural stream dimension.
5. The banks at the outlet end of the culvert at Permit Site No. 2 shall be graded and woody, native
vegetation installed on the banks (for an approximadte dt~e mcst bih'ty.lBank st balizatloneon this
the riprap bank stabilization area) in order to prowl
section of stream is required since this area of impani ed brtNCDOT. A revegetationiplan shall
the date of this future widening has not been dete rlor to construction.
be submitted to and approved by this agency p
6. Compensatory mitigation for 9481inear feet oom ensatory mitigatio forrimpactato streams
understand that you have chosen to perform p and that the EEP has agreed
through the North Carolina Ecosystem Enhancement Program (EEP)
to implement the mitigation for this project. EEP he federal Clean Water Actc ompensatory007,
that they will assume responsibility for satisfying
mitigation requirements for the above referenced projecedlon Apri112, 2004. the Trl-Party MOA
signed on July 22, 2003, and the Dual-Party MOA s gn
7. Riprap shall not be placed in the active t nalineerm a bouldesl or structures should be proper~Yer
that precludes aquatic life passage. Bice g g
designed, sized and installed.

8. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pretreated 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.
9. During construction of the project, no staging of equipment, of any kind, is permitted in waters of
the U.S. or protected riparian buffers.
10. 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.
11. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
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 the 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. 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.
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 this Certification.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this Certification.
18. 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.
19. Native riparian vegetation must be re-established within the construction limits of the project by
the end of the growing season following completion of construction.
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated 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.

diment control practices must be in full compliance with all specifications
21. Erosion and se installation and operation and maintenance of such Best-
governing the proper design,
Management Practices in order to protect surface water standar s' t be designed, installed,
ect mus
a. The erosion and sedi ed in accordance with thehmost recent neMan al the North
operated and maintain and Desig
Carolina Sediment and Erosion Control Planning ,ements specified in the most
allation, operation, and maintenance oTehui ediment and erosion contro
b, The design, mst e ual, or exceed, the q
measures must be such that they q ile s oil
of the North Carolina Sediment and E bor~ow °tes°and waste p e(p )
recent version ro ect.
devices shall be maintained on all construction si es, its associated with the p j
projects, including contractor-owned or leased borrow p
sites the erosion and sediment control hem st recentversioo a he
c, For borrow' pit
installed, operated andm ~ ninlg Manual ordance wit
North Carolina Surfa lementation must comply with the reclamation in
d, The reclamation measures and imp
uirements of the Sedimentation pollution Control Act.
4
5
accordance with the req
erosion and sediment control measureemuori oft e North~Carolina~
borrow sites,
22. For borrow pit sites, the
operated, and maintained in accordance with the most recen v sed borrow pits associated with
' in Manual. The devices shall be maintoi~vned or lea onstruction sites, .ements
Surface Min g contractor 1 with the requir
and waste pile (spoil) projects, including lementation must comp y
the project. The reclamation measures and imp
of the Sedimentation Pollution Control Act. e laced in wetlands or waters unless
23. Sediment and erosion cthis Certifi at on hall notb p
otherwise approved by uali
ort any violations of this certification to the Division of Water Q ty
24. The Permittee shall rep
within 24 hours of discovery.
uali Certification shall be posted on to construction site at shall be
25. A copy of this Water Q tY
the Water Quality Certification and all subseq eC tin d ger tions, i any,
In addition, ineer and the on-site proj
maintained with the Division Eng ineer shall complete and return the
letion of the project, the NCDOT Division Eng
26. Upon comp f Com letion Form" to notify DWQ when all work included in the 40
enclosed "Certification o let d.
.Certification has been comp
horized agents shall conduct its activiti ltin fromncomplianceewithlth
27. The permittee and its aut an re uirements resu g
State Water Quality Standards [including y q ro riate requirements of St t eand wed oal law.
303(d) of the Clean Water Act] and any other app p met including
If DWQ violated, or that further
determines that such standard hat St e or Federal law is being odi this
sustain a designated or achieved use), Nance, DWQ may re-evaluate andm f5'
conditions are necessary to assure comp
certification. result in
herein set forth may result in revocat ull nd~o de~~elss the above conditions
Violations of any condition
criminal and/or civil penalties. This Certification shall become n
eral 404 and/or Coastal Area Management Act Permit. This Certi ica ion
are made conditions of th ra on of the 404 or CAMA permit.
shall expire upon the exp

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 1st day of February 2008
DIVISION OF WATER QUALITY

Coleen H. Sullins
Director
WQC No. 3728